Back to the Learning Center

By: Scott Grossman on April 17th, 2018

Minors Petitioning to Revoke a Will During Probate Process

After the loss of a loved one, someone must oversee the administration of his or her estate. You may find yourself being asked to fulfill the role. In the alternative, you may find that someone else is responsible for the estate administration. An early step in the estate administration process is the admission of the will to the probate court. The person in charge of administering the estate must submit the original will. They must also submit a formal petition and other supporting documentation to the appropriate court. What happens, however, when an interested party wants the court to revoke the admission of the will? In some cases, it may be a parent or guardian acting on behalf of a minor beneficiary when seeking the revocation. The following is an overview.

Minors and Incapacitated Adults Have More Time to File for Revocation of a Will

Generally, a party has 120 days from the date that a will was admitted to revoke a will. To be successful, the petition must clearly state the specific objections that outline the grounds for the opposition. There are exceptions to this 120-day rule, however. These exceptions apply to the following individuals:

  1. An individual who was a minor child at the time that the will was admitted to probate.
  2. AA person who was incompetent and did not have a legal guardian/conservator when the will was admitted to probate.

For the above individuals, a petition to revoke a will during probate may be presented to the court at any time before the entry of an order for final distribution.

Filing a petition to revoke a will during probate is not a simple or easy task. If your minor or incapacitated loved one is the beneficiary of an estate and you are considering filing such a petition, it is important to seek guidance from a knowledgeable and experienced legal professional. It is also important to act quickly. Even though the time limitations for minors and incapacitated adults are more generous than for others, waiting too long could mean that the order for final distribution is rendered before you have filed your petition.

Whether you are the party challenging a will or other estate proceeding or the person tasked with administering and defending the estate, you must understand the battle that lies before you.


If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.