Probate litigation is the contested side of a California probate case. Instead of an uncontested estate administration, the matter involves objections, petitions, accountings, evidentiary disputes, or court intervention concerning a decedent's probate estate. At Westlake Law Group, we represent beneficiaries, heirs, personal representatives, nominated executors, creditors, and other interested persons throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in probate litigation involving will contests, executor or administrator misconduct, creditor claims, heirship disputes, estate property issues, and contested distributions.
Because probate litigation can affect who controls the estate, whether assets are preserved, and when distributions are made, early review of petitions, notices, accountings, financial records, and the governing documents can be critical. If you need help with a probate dispute, call (818) 444-2022 to schedule a confidential consultation.
What Counts as Probate Litigation?
Probate litigation generally refers to contested proceedings arising in a court-supervised decedent's estate. These cases commonly involve disputes over whether a will should be admitted or revoked, who should serve as personal representative, whether the personal representative has acted properly, how creditor claims should be handled, whether estate property was wrongfully transferred, and who is entitled to inherit.
For general background on California probate, the California Courts Self-Help Guide is here:
https://selfhelp.courts.ca.gov/probate
A general legal definition of probate is also available through Cornell Law School's Legal Information Institute:
https://www.law.cornell.edu/wex/probate
Common Types of Probate Litigation
California probate litigation commonly includes:
- Will contests and petitions to revoke probate
- Objections to probate petitions and appointment disputes
- Executor and administrator removal proceedings
- Creditor claim disputes and rejected-claim litigation
- Heirship and intestate succession disputes
- Contested accountings and surcharge claims
- Disputes over estate real property, valuations, and proposed sales
- Recovery of estate assets or title disputes involving decedent-owned property
- Distribution disputes among beneficiaries or heirs
- Instructions and court intervention when administration has broken down
Interested Persons, Objections, and Early Probate Hearings
Many probate litigation matters begin very early in the case, often when an interested person objects to a petition, contests an appointment, or challenges what is being presented to the court. California Probate Code section 1043 addresses responses and objections by interested persons at or before the hearing:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1043
In practice, these early objections can shape who receives authority, whether a hearing is continued, whether evidence must be presented, and whether the case moves from administration into active litigation. In California probate litigation, early pleadings matter. So do notices, service issues, and whether the objection is being raised before authority is issued or after estate administration is already underway.
If your dispute centers on opening the estate, appointment issues, or general administration rather than a full contested case, additional background is available here:
https://www.californiatrustattorney.com/probate-administration
Will Contests and Revocation of Probate
A probate case may become contested when someone challenges whether a will is valid, whether it was properly executed, or whether it should remain admitted to probate. Grounds may include lack of capacity, undue influence, fraud, forgery, revocation, or improper execution. A general educational overview of will contests is available through Cornell Law School here:
https://www.law.cornell.edu/wex/will_contest
When a will has already been admitted to probate, Probate Code section 8270 governs petitions to revoke probate:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8270
Will contests are highly deadline-sensitive and fact-intensive. Medical records, drafting history, witness testimony, prior estate planning documents, communications with caregivers, and the timeline of late-life changes can all become central evidence. If the dispute is specifically about will validity, trust validity, undue influence, or lack of capacity, you may also want to review:
https://www.californiatrustattorney.com/wills-and-trusts-contests
Executor and Administrator Misconduct, Removal, and Surcharge
Probate litigation frequently arises when a personal representative is accused of acting improperly. In a California probate estate, the personal representative has management and control of the estate and must use ordinary care and diligence. Those duties are addressed in Probate Code section 9600:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9600
When serious problems arise, an interested person may petition to remove the personal representative under Probate Code section 8500:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8500
Grounds for removal are listed in Probate Code section 8502 and include waste, embezzlement, mismanagement, fraud on the estate, incapacity, wrongful neglect, or circumstances in which removal is necessary to protect the estate or interested persons:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8502
Probate litigation involving executor or administrator misconduct often includes allegations such as:
- Failure to safeguard estate assets
- Improper or self-interested transactions
- Missing funds or incomplete records
- Delayed distributions without adequate explanation
- Improper handling of creditor claims
- Sale of estate property below market value
- Failure to provide accurate accountings
- Conflicts among heirs and beneficiaries created by unfair administration
If your issue is focused on fiduciary conduct, duties, and possible misconduct by the personal representative, related information is available here:
https://www.californiatrustattorney.com/executor-duties-in-california
A general legal discussion of fiduciary duty is also available through Cornell Law School:
https://www.law.cornell.edu/wex/fiduciary_duty
Creditor Claims and Debt Disputes
Probate litigation can also arise from creditor claims. Debts do not simply disappear when someone dies, but creditors must follow California's probate claim procedures. Probate Code section 9250 addresses the allowance or rejection of claims and requires the allowance or rejection to be in writing:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9250
If a claim is rejected, Probate Code section 9353 addresses the creditor's deadline to commence an action on the rejected claim:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9353
California Courts also provides relevant Judicial Council forms and guidance, including:
Notice of Administration to Creditors (DE-157)
https://selfhelp.courts.ca.gov/jcc-form/DE-157
Creditor's Claim (DE-172)
https://selfhelp.courts.ca.gov/jcc-form/DE-172
Allowance or Rejection of Creditor's Claim (DE-174)
https://selfhelp.courts.ca.gov/jcc-form/DE-174
Creditor-claim litigation may involve disputed debts, timeliness problems, notice defects, partial rejections, settlement issues, or allegations that a claim should never have been paid from estate assets in the first place.
Heirship, Intestate, and Distribution Disputes
Some probate litigation involves who is entitled to inherit rather than whether a will is valid. These cases may arise when a decedent died without a valid will, when a will does not dispose of all property, when there are questions about omitted heirs, or when family members disagree over who has standing and what share each person should receive.
Heirship disputes commonly arise in second marriages, blended families, estranged-family situations, disputed parentage matters, and cases involving unclear asset characterization. Distribution disputes may also arise when estate property cannot be divided easily, when personal property has substantial sentimental or monetary value, or when one side claims the administrator is favoring certain heirs over others.
If the dispute centers on inheritance rights in an intestate estate, related background is available here:
https://www.californiatrustattorney.com/intestate-succession
Real Estate, Title, and Recovery of Estate Property
Probate litigation often involves real estate. Disputes may concern whether property belongs to the estate, whether title was changed improperly before death, whether a proposed sale is appropriate, whether the property has been undervalued, or whether sale proceeds and carrying costs are being allocated properly.
Probate Code section 850 is frequently used in proceedings involving title to or possession of property claimed to belong to the decedent or the estate:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=850
In probate administration, proposed actions by a personal representative can also trigger disputes before the action is completed. California Courts provides the Notice of Proposed Action (Objection-Consent) form here:
https://selfhelp.courts.ca.gov/jcc-form/DE-165
Real-property litigation in probate may involve appraisals, broker selection, sale terms, occupancy issues, reimbursement claims, title questions, or allegations that the representative is favoring one beneficiary or purchaser at the expense of the estate.
Probate Procedure, Rules, and Forms
California probate litigation is governed by the Probate Code, the California Rules of Court, local rules, and required forms. Useful official resources include:
California Legislative Information:
https://leginfo.legislature.ca.gov
California Rules of Court:
https://www.courts.ca.gov/rules.htm
California Judicial Council forms:
https://www.courts.ca.gov/forms.htm
California Courts guide to wills, estates, and probate:
https://selfhelp.courts.ca.gov/wills-estates-probate
Litigation in probate matters is often petition-driven, deadline-sensitive, and document-heavy. The court may deal with pleadings, objections, declarations, subpoenas, discovery, accountings, evidentiary issues, temporary protective relief, and settlement efforts before any trial is necessary.
Representative Matters
While every case is unique, Westlake Law Group frequently assists clients with:
- Objections to probate petitions and appointment disputes
- Will contests and petitions to revoke probate
- Removal petitions against executors and administrators
- Defense of personal representatives accused of mismanagement
- Contested creditor claims and rejected-claim litigation
- Probate accountings and surcharge disputes
- Heirship and intestate succession disputes
- Real estate sale disputes during estate administration
- Recovery of property or title issues involving estate assets
- Distribution disputes among beneficiaries and heirs
Frequently Asked Questions
What is probate litigation in California?
Probate litigation is contested court work arising in a probate estate after death. It may involve objections, petitions, accountings, will contests, heirship disputes, creditor claim disputes, removal proceedings, or fights over estate property and distributions. For a general probate overview, see:
https://selfhelp.courts.ca.gov/probate
Can I object to a probate petition or appointment?
Yes. Interested persons may raise responses or objections in probate proceedings. Probate Code section 1043 addresses objections made at or before the hearing:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1043
How long do I have to challenge a will after it has been admitted to probate?
That depends on the posture of the case, but Probate Code section 8270 is a key statute for petitions to revoke probate after admission of a will:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8270
What if the executor or administrator is mishandling the estate?
Interested persons may seek court intervention, including removal in appropriate cases. Probate Code sections 8500 addresses removal procedures and grounds:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8500
What happens if a creditor claim is rejected?
Rejected claims are subject to strict timing rules. Probate Code sections 9250 and 9353 address written rejection and the deadline to commence an action on a rejected claim:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9250
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9353
Schedule a Confidential Consultation
Probate litigation can directly affect control of the estate, preservation of evidence, recovery of property, and the timing and amount of inheritance distributions. If you are involved in a probate dispute in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, call Westlake Law Group at (818) 444-2022 to schedule a confidential consultation.
Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.