California Probate Code Sections Used in Estate Disputes

Probate litigation can feel like a maze—emotional, legal, and deeply personal. Families grieving the loss of a loved one often find themselves entangled in legal disputes over wills, trusts, assets, or fiduciary misconduct. But beneath every probate conflict lies the structure of California law—specifically, the California Probate Code.

For clients and families navigating this difficult terrain, understanding which Probate Code sections most frequently shape outcomes can empower you to act, defend, or challenge with clarity and purpose. At Hackard Law, where we represent beneficiaries and heirs in high-stakes estate litigation, we rely on these key sections every day.

Why California Probate Code Matters in Litigation

The Probate Code governs how estates are administered, how trusts are managed, how beneficiaries are protected, and how wrongdoing is addressed. When disputes arise—over undue influence, mental incapacity, trustee misconduct, or asset distribution—the relevant statutes become your legal compass.

But with hundreds of code sections, which ones matter most when litigation is on the table?

Here’s a breakdown of some of the most critical California Probate Code sections that often determine the direction—and outcome—of probate litigation.

1. The Legal Power of a Will: It’s in the Execution

When families discover a will after a loved one passes, they expect it to hold weight. But in the legal world, a will’s power doesn’t come from the paper it’s printed on—it comes from how it was executed.

California Probate Code §§6110–6113: What Makes a Will Valid?

California law, through Probate Code §§6110–6113, outlines the formal steps that must be taken for a will to be considered valid. While we won’t dive too deep into the statute books here, what matters most is this: a will isn’t legally binding just because someone wrote it. It must be executed properly.

Why Proper Execution Matters

At its core, formal execution means the will was signed under the right conditions and witnessed correctly. That’s not just a technicality—it’s a safeguard. These formalities are in place to prevent fraud, protect vulnerable individuals, and ensure a person’s final wishes aren’t the product of confusion, pressure, or manipulation.

Common Will Disputes in Probate Litigation

In probate litigation, improperly executed wills are often the heart of the conflict. We see this play out when:

A will is signed without proper witnesses.
Someone claims a newer version of the will should override the old one—but it wasn’t completed correctly.
Questions arise about whether the person was pressured into signing or mentally fit to make decisions.

How Hackard Law Helps

These aren’t rare cases. They’re common—and they’re deeply emotional. At Hackard Law, we help families uncover the truth behind how a will came to be. Whether we’re challenging a document or defending its validity, we focus not just on signatures but on the circumstances, relationships, and intentions behind them.

Because when a will changes everything, how it was signed can mean everything.

2. Probate Code §6100.5: Testamentary Capacity

When someone signs a will, we assume they understand what they are doing. But what if they didn’t? What if their mind was clouded by illness, grief, medication, or age-related decline? These questions strike at the heart of testamentary capacity, and in California, they’re governed by Probate Code §6100.5.

This section of the law focuses on a critical issue in will contests: Was the person mentally competent when they created or changed their will?

What Does “Capacity” Really Mean?

In legal terms, testamentary capacity means the person must:

Understand they are making a will
Know the nature and extent of their property
Recognize their relationships to the people who would typically inherit (e.g., spouse, children, other relatives)
Be able to make decisions free from delusion or confusion

This isn’t a high bar—California law doesn’t require perfect memory or advanced reasoning. But the person must have a basic, clear understanding of what they’re doing and why.

Why Capacity Is Often Disputed

At Hackard Law, we regularly handle will contests involving seniors who made or revised their estate plans late in life. In many cases, family members raise legitimate concerns:

The will was signed after a diagnosis of Alzheimer’s or dementia
The decedent was on strong medications that impaired thinking
Sudden changes in the will benefited one person and disinherited others
The person appeared confused, forgetful, or disconnected during the time in question

In these emotionally charged cases, capacity becomes a battleground. Lawyers, medical experts, caregivers, and family members are called upon to reconstruct the testator’s mental state at the time of the will’s execution.

How Courts Examine Capacity

Courts take capacity challenges seriously—but they also start with a presumption that the person has the mental ability to make decisions. So, the burden often falls on the party challenging the will to prove that the testator didn’t have capacity.

To do this, we may use:

Medical records (neurological exams, memory tests, diagnoses)
Testimony from doctors, nurses, or caretakers
Emails, letters, or voicemails that reveal confusion or decline
Evidence of contradictory or irrational behavior

Sometimes, just one piece of strong evidence can shift the court’s perspective. Other times, it takes a full picture—built with care and detail—to show the person wasn’t fully aware of what they were signing.

Real Stakes, Real Lives

Challenging capacity isn’t just about legal definitions. It’s about fairness, legacy, and respect. If a loved one was manipulated during a vulnerable moment, or if they changed their will while unable to fully comprehend what they were doing, their voice deserves to be defended—even if they can no longer speak for themselves.

At Hackard Law, we understand that families don’t bring capacity claims lightly. These are difficult decisions—often fueled by concern, love, and a desire to uphold the true wishes of a parent or grandparent. We approach these cases with sensitivity and strength, ready to build a clear, compelling case rooted in both fact and compassion.

3. Probate Code §21380–§21392: Undue Influence and Prohibited Transferees

These sections deal with gifts made to caregivers, fiduciaries, and others in positions of influence and when such gifts are presumed invalid.

If a caregiver receives a large inheritance and family members suspect manipulation, §21380 provides a legal presumption of undue influence. This is one of the most litigated areas in California probate law.

4. Probate Code §850 (Heggstad Petition): Recovering Property Wrongly Left Out of a Trust

Section 850 serves as a powerful tool in trust litigation. It lets a trustee or interested party petition the court to transfer property into a trust when someone left it out due to error, oversight, or ambiguity.

Parties often invoke this section when someone intended to include real property in a trust but failed to transfer it formally before death. They also use it to recover assets others wrongfully took.

5. Probate Code §16060–§16069: Trustee Duties and Disclosure Requirements

These sections outline a trustee’s fiduciary duties—including the duty of loyalty, duty to account, and duty to inform beneficiaries.

Violations of these statutes often lead to claims of:

Breach of fiduciary duty
Failure to provide accountings
Misappropriation of trust assets

Beneficiaries often use these sections to demand transparency or challenge misconduct.

6. Probate Code §17200: Trust Litigation Gateway

This section allows interested parties to file a petition with the court regarding internal trust matters. It’s the starting point for many types of trust-related lawsuits, including:

Removing a trustee
Compelling a trustee to act or provide accountings
Resolving disputes over the interpretation of trust terms

At Hackard Law, we frequently invoke §17200 when trust issues escalate into full-scale litigation.

To better understand how trust breaches are handled in California probate courts, watch attorney Michael Hackard explain the process in this video: Litigating a Family Member’s Breach of Trust.

7. Probate Code §850–§859: Recovery of Misappropriated Property

In addition to the Heggstad petition, this range includes actions to recover property wrongfully acquired or held by another. It’s particularly relevant in:

Elder financial abuse cases
Trustee self-dealing
Claims against caregivers or family members who took property before death

859 even allows for double damages if bad faith is proven—a critical deterrent in fraudulent transfers.

8. Probate Code §8252: Contesting a Will

This section outlines the procedure for filing a will contest, including timelines, notice requirements, and who has the legal standing to initiate the action. It is a cornerstone in probate litigation, particularly when allegations of fraud, undue influence, or the suppression of a newer will come into play. These cases often emerge in the wake of grief, confusion, and distrust—when loved ones believe the decedent’s true wishes were overridden or manipulated. In such emotionally sensitive circumstances, §8252 provides the legal pathway to challenge a questionable document and seek a resolution grounded in fairness and truth.

9. Probate Code §250: Disqualification of Killer Beneficiaries

Commonly referred to as the “slayer rule,” this provision prohibits any individual who unlawfully and intentionally causes the death of the decedent from inheriting under the estate. Although such cases rarely occur, the statute plays a vital moral and legal role—it prevents anyone from gaining a reward through criminal conduct or personal betrayal. In emotionally difficult situations where violence or wrongdoing compounds a loss, this section reinforces a core principle: justice must outweigh inheritance.

10. Probate Code §13004 & §13006: Small Estate Exclusions & Valuation

While not typically involved in high-value estate litigation, Probate Code §§13000–13006 defines what qualifies as a “small estate” and provides a simplified process for asset transfers without formal probate. These sections are often cited when individuals use small estate affidavits—sometimes incorrectly believing probate can be avoided.

Heirs may dispute the estate if it exceeds the legal threshold or if someone uses affidavits without properly notifying them. Even in modest estates, misapplying these provisions can lead to delays, legal challenges, and court intervention.

Putting It All Together in Real Cases

Imagine a case where:

A caregiver is named as a sole beneficiary in a late-stage will,
Signed by an elderly person with declining mental faculties,
With no witnesses and family unaware until after death.

In this situation, multiple Probate Code sections collide:

§6100.5: Was the decedent competent?
§21380: Is the caregiver disqualified?
§6110: Was the will properly executed?
§8252: Can the family contest the will?

At Hackard Law, we bring these statutes to life by building factual timelines, securing medical records, obtaining handwriting analysis, and using expert testimony to align real-world circumstances with legal requirements.

Why Probate Litigation Requires More Than Just the Law

While knowing these sections is essential, probate litigation is never just about statutes. It’s about families, legacies, and loss. The law provides structure, but the human stories behind these disputes require strategic thinking, emotional intelligence, and compassionate counsel.

Our clients seek more than just a win—they want us to hear them, validate their experiences, and protect their interests. That’s why we combine deep legal knowledge with the heart of a trusted advocate.

Protecting Legacies, Pursuing Justice

Probate litigation is rarely straightforward. It’s a collision of grief, legal ambiguity, and sometimes betrayal. In these moments, understanding the key California Probate Code sections that govern estate and trust disputes isn’t just helpful—it’s critical.

At Hackard Law, we know the code—but more importantly, we know how to use it to defend what matters most: your family, your future, and your loved one’s true intentions.

If you’re facing a probate dispute in California, Contact Hackard Law today. Let’s discuss your case, your concerns, and your path forward.