Trusts, wills and family money
How long do I have to contest a trust or a will in California?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
Generally 120 days. For a trust, it runs from when the trustee serves the notice of trust administration, or 60 days from when you are delivered a copy of the trust during that window, whichever is later. For a will, it is 120 days after the will is admitted to probate. If no trust notice was ever sent, that 120-day deadline does not run, though other limits can still apply.
You don't want to rely on the extensions.
Do not count on an extension
There are many reasons the time can sometimes run a little longer. Do not plan around any of them. Hit the deadline inside the window, so there is no doubt your claim is on time.
If the house was already sold
A missing notice extends your time to sue the person who did the bad thing. It does not necessarily extend your time to undo the bad thing. If a trustee sold real estate to a third party without notice, that is a violation, but the buyers who paid good money and acted innocently have rights of their own, and the sale may not be reversible. Not every improper transaction can be unwound.
- Probate Code section 16061.8. A trust contest must be brought within 120 days of service of the trustee's notification, or 60 days from delivery of the trust's terms during that period, whichever is later.
- Probate Code section 8270. A petition to revoke probate of a will may be filed within 120 days after the will is admitted, with narrow exceptions.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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