A will contest petition is the formal court paper a family member files to challenge a will. It tells the probate court that something about the will is wrong. Maybe the person who signed it was pressured. Maybe the signature is not real. Maybe a newer will exists. In most cases, filing this document is the only way to raise those concerns. Talking to the executor does not count. The court needs it in writing, filed on time, in the right county.
When and Why You Need a Will Contest Petition
You only need this document if you have legal standing. Standing means you would gain something if the will were thrown out. Typically that means you are an heir under state intestacy law, or a beneficiary named in an earlier will. A neighbor who thinks the will is unfair has no standing. A disinherited child usually does.
The grounds are also limited. Courts do not undo a will because it feels unfair. Common accepted grounds include lack of testamentary capacity, undue influence, fraud, forgery, improper signing or witnessing, and revocation by a later will. Cornell’s Legal Information Institute has plain-English definitions of undue influence and related terms if the words feel unfamiliar.
Timing matters more than almost anything else. Some states use a “caveat,” which you can file before the will is admitted to probate. Others use an “objection” or “petition to revoke probate,” filed after. For example, Florida uses a caveat under Fla. Stat. § 731.110. New York uses objections filed in Surrogate’s Court. As a result, the same complaint gets a different name depending on where the person died.
What to Include (and What to Get Right)
Most probate courts want the same core pieces, even when the form differs. You need a caption with the court name, the county, and the estate case number. You need your name and your relationship to the person who died. You need a clear statement of standing. You need each ground stated separately, with facts behind it — not just labels. You need a request for relief and your signature.
Facts are where most petitions fall apart. Writing “the will was procured by undue influence” is not enough in most courts. Write who did what, when, and how. For example: the caregiver drove the decedent to a new lawyer, sat in the meeting, and received 80% of the estate three weeks before death. That is a fact pattern a judge can work with.
Deadlines and filing fees vary widely by state. Here are exact figures from state statutes and court self-help pages:
| State | Deadline to contest | Statute / rule | Typical filing fee |
|---|---|---|---|
| California | 120 days after the will is admitted to probate | Cal. Prob. Code § 8270 | $435 |
| Florida | 90 days after Notice of Administration is served (20 days if served with a formal notice of petition) | Fla. Stat. § 733.212(3) | $401 |
| New York | Objections due on the return date of the citation; SCPA 1404 exams first | SCPA § 1410 | $75 (objection filing) |
| Texas | 2 years after the will is admitted to probate | Tex. Est. Code § 256.204 | $350–$450 by county |
| Ohio | 3 months after the certificate of notice is filed | Ohio Rev. Code § 2107.76 | $200 |
Fees change. Confirm the current amount with the clerk before you file, and ask about a fee waiver if money is tight. Most courts have one.
Sample Template You Can Adapt
Below is a plain-language skeleton showing how a will contest petition is usually laid out. Your county may have its own required form, so check the clerk’s website first.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
IN THE [PROBATE / SURROGATE’S / CIRCUIT] COURT OF [COUNTY], [STATE]
In the Estate of [Full Name of Deceased], Deceased.
Case No. [Case Number]
PETITION TO CONTEST WILL / OBJECTION TO PROBATE
Petitioner, [Your Full Name], states the following:
1. Petitioner. Petitioner is [Your Full Name], residing at [Your Street Address, City, State, ZIP].
2. Relationship and Standing. Petitioner is the [son / daughter / spouse / sibling / beneficiary under the prior will dated [Date]] of the Decedent. Petitioner is an interested person under [exact statute section] because Petitioner would take a share of the estate if the document offered for probate were denied.
3. The Decedent. [Full Name of Deceased] died on [Date of Death] while domiciled in [County], [State].
4. The Document Being Challenged. A document dated [Date of Will] was offered for probate in this Court on [Date Filed] by [Name of Petitioner/Executor].
5. Grounds for Contest. Petitioner objects to the admission of the document on the following grounds:
(a) Lack of testamentary capacity. On [Date of Will], the Decedent did not understand the nature of the act, the extent of [his/her/their] property, or the natural objects of [his/her/their] bounty. Specifically: [describe diagnosis, medication, hospitalization, or observed behavior, with dates].
(b) Undue influence. [Name of Alleged Influencer] held a position of trust and control over the Decedent and: [describe the isolation, the involvement in preparing the will, the sudden change in beneficiaries, and the dates].
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
(c) Improper execution. The document was not signed and witnessed as required by [exact statute section] because: [describe the missing witness, missing signature, or defective self-proving affidavit].
(d) Revocation. The Decedent executed a later will dated [Date] that revoked all prior wills. [Describe where that later will is located, if known.]
6. Relief Requested. Petitioner asks the Court to: (i) deny admission of the document dated [Date of Will] to probate; (ii) admit the prior will dated [Date] to probate, or distribute the estate under the laws of intestate succession; (iii) [request the removal or suspension of the personal representative, if applicable]; and (iv) grant any other relief the Court finds proper.
7. Jury Demand. [Petitioner demands a trial by jury on all issues so triable / Omit if your state does not allow a jury in probate.]
Respectfully submitted this [Day] day of [Month], [Year].
_______________________________
[Your Full Name], Petitioner
[Address] · [Phone] · [Email]
VERIFICATION. I declare under penalty of perjury under the laws of the State of [State] that the foregoing is true and correct to the best of my knowledge.
_______________________________
[Your Full Name] · [Date]
CERTIFICATE OF SERVICE. I certify that a copy of this petition was served on [Name of Personal Representative], [Name of Attorney], and all interested persons at the addresses on file with the Court on [Date] by [method of service].
How to Make It Valid in Your State
Three things make a filing stick: the right court, a proper verification, and real service. File in the county where probate is open — not where you live. Sign the verification, since most states require the petition be sworn. Then serve every interested person, including the executor and each named beneficiary, using the method your rules allow.
One more thing to check before you file: the no-contest clause. Many wills say a beneficiary who challenges the will forfeits their gift. However, most states only enforce these clauses when the challenge lacks probable cause. California, for example, limits enforcement under Prob. Code § 21311. Read the will closely, and get advice before risking a gift you already have.
Frequently Asked Questions
Do I need a lawyer to file a will contest petition?
Not always, but it helps a great deal. Contests involve discovery, medical records, depositions, and evidence rules. Many probate attorneys will review your situation in a short consultation and tell you honestly whether you have a case.
What is the difference between a caveat and an objection?
A caveat is a preemptive filing that asks the court to notify you before it admits any will. An objection or contest petition comes after a will is offered or admitted. Some states use both, in sequence.
Can I stop the executor from selling property while I contest?
You may be able to. Courts can suspend a personal representative’s powers or issue an injunction, but you must ask separately and show real risk of harm. Raise this with the court or an attorney right away.
Where to get real help, free or low-cost
You do not have to figure this out alone, and you do not need to buy anything to get started. Your state’s probate court usually has a self-help desk, and free legal aid can walk you through the next steps.
- Your state probate (or surrogate’s) court: search “[your state] probate court self-help” for free forms and instructions.
- Free legal aid: lawhelp.org — find free and low-cost legal help in your state.
- Eldercare and benefits help: eldercare.acl.gov — connects families with local support.
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
Related Guides
- Wills & Probate by State (All 51 Jurisdictions)
- More in This Category
- Estate Planning Scenarios — What to Do When…
- Documents, Forms & Letters
- Comparison Guides
- Estate Planning Glossary
Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.