How do you contest a will in the United States?

A short note before you start

This page is general information for the United States, not legal, tax, financial or medical advice. Probate rules, deadlines and forms are set by each state, so confirm the specifics with your state court's self-help site or a probate litigation attorney before you file anything.

What does it mean to contest a will?

Contesting a will means asking the probate court to rule that a will, or part of it, should not be enforced because it fails to meet the legal requirements for a valid will. It is a formal court proceeding, not a family disagreement about who should get what. Cornell Law School's Legal Information Institute describes it as a proceeding where "the only issue before the court is whether the instrument contested is or is not the will of the [decedent]"¹. If the contest succeeds, the estate is distributed under an earlier valid will, or under the state's intestacy law if none exists.

Disagreeing with how a will divides property is not, by itself, a legal ground to contest it. A will can be unfair and still be valid. A successful contest has to show a specific legal defect: incapacity, undue influence, fraud, forgery or improper execution.

Who can contest a will?

Only an "interested person" has standing: "one who has such an interest as may be impaired or defeated by the probate of the will, or benefited by setting it aside"¹. In practice, that generally means:

• An heir who would inherit under state intestacy law if there were no will
• A beneficiary named in an earlier or later will offered instead of the one being probated
• A beneficiary under the current will who believes it was altered or replaced improperly

Someone with no claim under any version of the will or under intestacy generally cannot contest it. Standing rules vary by state, so check your state court's self-help site if you are unsure.

What are the legal grounds for contesting a will?

Courts only overturn a will for specific legal defects, not unfairness. The table summarizes the four main grounds.

Under the Uniform Probate Code's allocation of burdens, the party offering the will for probate only has to show it was properly signed; the contestant carries the burden of proving capacity, undue influence, fraud, duress, mistake or revocation¹¹. States that have not adopted the Uniform Probate Code follow similar principles.

Lack of testamentary capacity is the most common ground raised. It asks whether the testator, at signing, understood roughly what they owned, who their close family members were, and that they were distributing their property. Capacity is judged at the specific moment the will is signed, not from a diagnosis alone¹⁵.

Undue influence claims usually involve a caregiver, new partner, or one adult child who had unusual access to the testator and redirected the estate. Courts look for isolation from other family, the influencer arranging the new will, and terms that sharply favor them.

Fraud and forgery cover a testator tricked into signing a document they did not understand or misled about facts that changed their decisions, and a signature or document that was not actually created by the testator.

Improper execution means the will was not signed or witnessed as state law requires: typically in writing, signed by the testator, and signed by a set number of witnesses (usually two) present together. California, for example, requires at least two witnesses present at the same time, and a will missing that can be held invalid on this technical ground alone¹⁶.

How do you contest a will, step by step?

The exact procedure depends on your state and on whether the will has already been admitted to probate, but most contests follow this general order.

1. Get a copy of the will and check the probate timeline in your state. Start with our probate courts by state guide.
2. If the will has not yet reached probate, some states let you file a caveat to pause the process while you prepare a contest.
3. Confirm you are an interested person with legal standing.
4. File formal objections, or a contest petition, stating the specific legal grounds.
5. Gather evidence: medical records, witness statements, correspondence, prior wills, and expert opinions such as a handwriting analyst if forgery is alleged.
6. Go through discovery and any required mediation; many contests settle before trial.
7. If unresolved, the case goes to trial, where a judge (and in some states a jury) decides whether the will is valid.
8. If the contest succeeds, the estate is distributed under an earlier will or intestacy law; if it fails, the will stands and any no-contest clause may take effect.

How long do you have to contest a will?

Deadlines are set by state law and generally run from the date a will is admitted to probate, not the date of death. Missing the deadline usually ends your right to contest, with narrow exceptions for later-discovered fraud or an incapacitated contestant. The table shows how widely timing varies; confirm the current deadline with your state's own court self-help site.

What is a no-contest clause, and can it stop you?

A no-contest clause, also called an in terrorem clause, says a beneficiary who challenges the will and loses forfeits whatever they were left. Most states enforce these in some form, but many soften them with a "probable cause" exception: a reasonable, good-faith basis for the challenge means no penalty, even in a loss. California takes this approach³. Florida goes further and makes no-contest clauses unenforceable by statute¹⁰. Learn how your state treats these clauses before you file; without a probable cause exception, a weak challenge could cost you an inheritance you would otherwise have kept.

How much does it cost to contest a will?

Will contests are typically billed hourly, and legal fees commonly start around $5,000 to $10,000 for a straightforward contest and run much higher at trial¹³. Some attorneys take large contests on contingency, commonly 25% to 40% of what they recover, usually only when the inheritance at stake justifies the risk¹³. Under the American Rule that governs most US litigation, each side generally pays its own attorney's fees regardless of who wins, unless a specific statute or contract says otherwise¹⁴, so get any fee structure in writing before you commit.

What should you record in a family guide about this?

The clearest way to prevent a will contest is to leave a paper trail that answers the questions a court would ask later:

• Where the original will and any codicils are kept, and the drafting attorney's contact information
• The names and contact information of the witnesses who signed the will
• Notes on the testator's health around the time of signing, especially if capacity could later be questioned
• A short letter of instruction, in the testator's own words, explaining any unequal bequests, to head off an undue-influence claim
• Contact information for anyone who might reasonably contest the will, so the executor knows who to notify

This is the kind of information a family guide keeps in one place. See our executor checklist for what else to gather once someone has died.

What mistakes do people make when contesting a will?

• Missing the deadline. Once your state's filing window closes, you generally lose the right to contest, no matter how strong the evidence is.
• Assuming disagreement is enough. Wanting a different outcome is not a legal ground; you need capacity, undue influence, fraud, forgery or improper execution.
• Ignoring a no-contest clause. A weak challenge in a state without a probable cause exception can cost you an inheritance you would have kept by staying out of it.
• Confusing a contest with an amendment. If the will is simply outdated, a codicil updates it; a contest challenges its validity.
• Waiting to gather evidence. Medical records and witness memories are easiest to secure soon after signing or death, not years later. Our estate planning glossary explains related terms.

When to get professional help

Contesting a will, or defending one, is not a do-it-yourself project. Bring in a probate litigation attorney as soon as you suspect a problem, especially if the will contains a no-contest clause, the estate is large, family members disagree, or you are the executor defending a will you did not draft. Attorney fees are normally your own responsibility, not the estate's, unless a court orders otherwise.