At The Estate Lawyers, APC, we help Fresno families contest wills that do not reflect what the individual actually wanted. Since July 2005, our attorneys have handled nothing but trust, probate, and elder law disputes.
The team brings more than 150 years of combined courtroom experience to cases involving undue influence and questions of mental capacity. Our attorneys hold Super Lawyers and AVVO recognition, and your first consultation is with a real attorney, not an intake clerk.
A will contest is a formal challenge filed in probate court asking a judge to throw out a will, or part of one, because it is not valid.
Common reasons include pressure from a caregiver or sibling, a parent who was confused or heavily medicated when signing, forged signatures, or a document that was never properly witnessed. The size of the estate does not decide whether you have a case. A house, a few acres, and a pickup truck are worth protecting.
Cases move through the Fresno County Probate Court, and we explain how fees and retainers work before you commit to anything
What Our Clients Say About The Estate Lawyers
“Amy and Michelle are some of the most caring and compassionate people you will meet.” Daniel R.
Families going through a contested estate need to be treated like people, not case files.
“They were able to set it up and get it approved in just one hearing… fast, reliable, and accurate results.” Sergio M.
Knowing the probate court process well means fewer hearings and less time waiting.
“They answered all my questions and explained different scenarios in easy-to-understand language.” Patricia P.
Plain answers about your options, before you decide anything.
“Administratively… they let nothing fall through the cracks and follow up in a timely manner.” Jennifer Gómez
Deadlines matter in a will contest, and nothing gets forgotten here.
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsDoes a No-Contest Clause Mean You Lose Your Inheritance If You Challenge a Will?
Not automatically. In California, a no-contest clause does not mean that any challenge to a will or trust will cause you to lose your inheritance. Under Probate Code § 21311, these clauses are enforceable only in limited situations, including certain direct contests that are brought without probable cause.
Probable cause generally means there was a reasonable factual basis for bringing the challenge at the time it was filed. For example, concerns involving undue influence, lack of capacity, fraud, or improper execution may support a contest if there is credible evidence behind the claim.
The risk depends heavily on the type of challenge being made and the specific language of the estate plan. Before filing a contest, it is important to determine whether the no-contest clause applies and whether the available evidence provides sufficient grounds to proceed.
What Sets The Estate Lawyers Apart in Fresno
Peer-recognized attorneys
Our attorneys are recognized by Super Lawyers, a peer-nominated rating organization, and are listed and rated on AVVO, a national legal directory. California has roughly 267,000 active licensed attorneys, and those handling probate litigation must meet the State Bar’s ongoing competency and continuing education standards.
150+ years of combined litigation experience
The attorneys bring more than 150 combined years of courtroom work in trust, probate, and elder law disputes. You will not get handed to a junior attorney.
Strong local court relationships
The firm has built rapport with probate judges across California, including familiarity with how matters move through Fresno County Superior Court. Knowing local filing practice and timing keeps a will contest from stalling on preventable mistakes.
Aggressive investigation before filing
Medical records, witness interviews, and handwriting analysis are gathered before a petition goes in, so the case rests on proof rather than suspicion.
Focused only on this work since 2005
Founded in July 2005, the firm handles trust, probate, and elder law disputes exclusively, with a steady focus on protecting elders and honoring what they actually wanted.
Our Will Contest Service for Fresno Clients
- Will Contest Litigation
- Undue Influence Claims
- Lack of Testamentary Capacity Challenges
- Will Fraud and Forgery Claims
- Objections to Probate
- Trust Contest Litigation
- No-Contest Clause Defense
- Beneficiary Dispute Resolution
- Fiduciary Misconduct Claims
The Team Behind The Estate Lawyers in Fresno
The Estate Lawyers, APC opened in July 2005 and handles only trust, probate, and elder law disputes. That single focus matters in a will contest, because proving undue influence and questioning mental capacity takes evidence, medical records, and witnesses.
The attorneys bring more than 150 years of combined litigation experience. Several hold Super Lawyers recognition, and the firm’s attorneys are listed and rated on AVVO. The team has established relationships with probate judges, including familiarity with how the probate bench at Fresno County Superior Court runs these cases.
Estate size is never the test. A house in Selma, a few acres, and a work truck get the same attention as anything larger, because the question is whether the will reflects what your parent actually wanted. The first conversation with an attorney is free.
Our Will Contest Process for Fresno Families
1. Free case evaluation
You sit down with an attorney, not an assistant, and go over the will, the estate paperwork, and what was happening around the time your parent signed. There is no charge for this conversation and no obligation afterward.
2. Evidence investigation
We gather medical records, talk to witnesses who were there, and bring in handwriting analysis when the signature itself is in question. This is where a suspicion either turns into proof or it does not.
3. Legal grounds assessment
We identify which legal grounds apply to your case: lack of mental capacity, undue influence, fraud, forgery, or a will that was not signed and witnessed as the law requires.
4. Petition filing
We file the will contest with the Fresno County Superior Court probate division inside the filing deadline. Missing that window can end a valid claim, which is why the first call matters.
5. Discovery
Both sides exchange information under oath. This includes depositions, subpoenas for records, and hiring medical or handwriting experts when needed.
6. Mediation or pre-trial conference
Many cases resolve before trial through Fresno County’s alternative dispute resolution process. Mediation is often where families settle without a courtroom fight.
7. Trial or settlement
If no agreement is reached, we try the case before a Fresno County probate judge. If a fair settlement is on the table, we explain it plainly so you can decide.
8. Post-judgment
We enforce the court’s ruling, oversee redistribution of the estate, or re-open probate when that is required to carry out your parent’s real wishes.
Frequently Asked Questions About Will Contests
What are the legal grounds to contest a will in California, and is “my sibling was always there and we weren’t” enough?
Being the only child at every doctor visit is not itself a ground, but it is often the first sign of one. California recognizes undue influence, lack of mental capacity, fraud, forgery, and improper signing or witnessing under Probate Code sections 6104 and 8252.
How long do I have to contest a will after probate is opened in Fresno County?
Once the will is filed for probate and you receive notice, you generally have until the hearing on the petition to admit the will. Objections filed after a will is admitted usually must come within 120 days of that order, and some situations allow less time.
Can I contest a will if I was left out of it completely?
Yes. Probate Code section 48 gives standing to any interested person, which includes a child who would have inherited under a prior will or under California’s intestacy rules if the new will fails.
What evidence actually proves undue influence when it all happened behind closed doors?
Medical records, prescription lists, the drafting attorney’s or notary’s file, bank and property records, and testimony from neighbors, caregivers, and clergy all matter. Probate Code section 86 and Welfare and Institutions Code section 15610.70 let the court weigh vulnerability, isolation, and whether the result was unfair.
How much does it cost to contest a will in California, and is a small house and a few acres even worth it?
Costs depend on whether the other side settles early or pushes to trial, and estate size is not the test of whether a case is worth bringing. Most will contests start with a retainer against hourly work, and some cases qualify for other arrangements.
What happens to the house and the estate while a will contest is pending?
Nothing major should be sold or distributed while the challenge is open.
Can a court throw out just part of a will instead of all of it?
Yes. If undue influence or fraud affected only one gift, a judge can strike that provision and leave the rest standing.
Is contesting a trust different from contesting a will?
The grounds overlap, but the deadlines and procedures differ sharply. Trust challenges often run on a 120-day clock from the trustee’s notification under Probate Code section 16061.7, which passes fast.
Local Resources in Fresno for Will Contests
- Fresno County Superior Court
The trial court handling probate proceedings, estate disputes, and related civil matters for the county.
- Fresno County Clerk-Recorder’s Office
Maintains official land records, deeds, and other documents commonly referenced in estate matters.
- Fresno County Probate Division
The specialized court unit that oversees the administration and validation of wills and estates.
- Fresno County Department of Social Services
Administers benefits and support programs that may intersect with guardianship or dependent-adult estate issues.
- Fresno County Public Administrator
Manages estates of deceased residents who have no known heirs or appointed personal representative.
- Fresno County Assessor’s Office
Provides property valuation records often needed to establish asset values in estate proceedings.
- Fresno County Public Guardian
Serves as court-appointed guardian or conservator for adults who cannot manage their own affairs.
- Fresno County Law Library
A public law library providing access to legal research materials, statutes, and case law..
- Fresno Adult Protective Services
Investigates allegations of elder abuse or undue influence, which frequently arise in contested estate cases.
Challenge a Fresno Will with The Estate Lawyers, APC
California gives you a limited window to contest a will after the Fresno County Superior Court probate notice goes out, and once that window closes, the will stands as written.
One free consultation with an actual attorney tells you whether your family has a real claim, what it would cost, and what the next filing date is. There is no obligation and no pressure to hire anyone.
Bring what you have: the will, the dates, the names, and your questions about undue influence or your parent’s mental capacity near the end.
Call us or send a message through our contact form to schedule your free case evaluation. The sooner we talk, the more options you have to see your parent’s real wishes honored.