Short answer

Under California law, time limits to challenge (contest) a will are strict. In most formal probate cases you must act quickly — generally within 120 days measured from the date the probate court issues notice or letters for administration. Missing the deadline can bar your ability to contest the will unless a narrow exception applies.

Detailed answer — what the deadline means and how it is calculated

“Contesting a will” means asking the probate court to declare the will (or part of it) invalid on grounds such as lack of testamentary capacity, undue influence, forgery, fraud, improper execution, or that a later will exists. California’s procedures and deadlines are set out in the Probate Code and the courts’ probate rules.

Typical deadline in formal probate

When someone petitions the court to open a formal probate and to admit a will, the court or the petitioner normally gives notice to the decedent’s heirs and to nominated beneficiaries. For most interested persons the relevant contest period is a short statutory period that runs from the date the probate process gives formal notice or from the issuance of letters. In common practice that contest period is 120 days.

Because the exact triggering event can vary by situation (date of mailed notice, date of personal service, date letters are issued, or the entry of an order admitting the will), it is essential to confirm the calendar date that starts the 120‑day clock in your particular case. The probate clerk’s file contains the petition and the proofs of service that show what notices were given and when.

What if you didn’t receive notice?

If you were not served or otherwise did not receive proper notice of the probate proceedings, the statutory deadline may not have run against you. California law recognizes that a person who was not given required notice may still have a right to challenge a will, but you must act promptly after discovering the probate and should consult a lawyer right away. Courts will consider whether notice was adequate and whether any delay was reasonable; relief is not automatic.

Exceptions and other timing rules

• Fraud or deliberate concealment: If the will’s validity was affected by fraud or if important facts were concealed, courts may allow later challenges in limited circumstances.
• Independent administration or summary procedures: Different procedures (for example, small estates or summary administration) have different timing and notice rules.
• Creditor claims vs. will contests: Deadlines for creditor claims against the estate are separate and often shorter than will‑contest deadlines. Do not confuse the two.

Why the deadline matters

Probate courts enforce time limits to provide finality for estate administration. If you miss the contest window you may lose the right to raise even strong challenges to a will. That makes speed essential when you learn of a probate filing that affects your potential inheritance or legal rights.

Where to read the law

Official California statutes and court self‑help resources discuss probate procedures, notices, and contests. Helpful starting points include the California Probate Code and the California Courts’ probate self‑help pages:

• California Probate Code (search and section text): https://leginfo.legislature.ca.gov/faces/codes.xhtml
• California Courts — probate self‑help and forms: https://www.courts.ca.gov/selfhelp-probate.htm

Practical steps if you think you may want to contest a will

1. Immediately obtain the probate court case file (often available at the clerk’s office or online). Look for the petition, the will, and proofs of service/notice.
2. Note the dates on the petition, the court’s orders, and the proofs of service. Calculate the days remaining under the statute that applies to your case.
3. Preserve evidence: keep originals or copies of the will, correspondence, medical records, witness statements, and any documents that bear on capacity or undue influence.
4. Talk to a probate attorney as soon as possible. Probate deadlines are strict and an attorney can identify whether exceptions or relief might apply in your situation.
5. If you cannot afford a lawyer, contact your county bar association or legal aid organizations for referrals or low‑cost counsel. Many counties have probate facilitators or self‑help centers to explain filing basics.

Helpful hints

• Do not delay — even a short wait can be decisive. Start the process the day you learn about a probate filing.
• Keep a careful timeline and save proof of when you received any notices.
• Understand that contesting a will can be costly and emotionally difficult; weigh the costs and likely outcomes with an attorney before filing.
• Distinguish between a “will contest” (challenging validity) and other estate actions (e.g., petitioning for accountings, removing a personal representative, or asserting creditor claims).
• If you were not notified properly, document that lack of notice and the reasons you learned about the probate late — this information will be important if you seek relief from the court.