Attorney
When a person leaves behind more than one will, it can create confusion and conflict among family members. Multiple wills may surface for many reasons, such as when the deceased made updates over time or drafted different wills for property in separate states. Whatever the reason, determining which document is valid becomes a key issue in the probate process.
Why Multiple Wills May Exist
It’s more common than many people realize for someone to leave behind more than one version of their will. Common scenarios include:
- The individual updated their estate plan several times without formally revoking prior versions.
- Older documents were misplaced and later found after the person’s passing.
- The decedent created different wills for property owned in different states.
- A handwritten (holographic) will or codicil was drafted later but never shared with family or the executor.
In some cases, a later document may modify only part of a previous will rather than replace it entirely. When these versions conflict, the probate court must determine which represents the decedent’s final wishes.
Determining Which Will Is Valid in California
California probate law focuses on honoring the most recent valid expression of a person’s intent. The court examines each will carefully and considers factors such as:
- Date of execution: The newest valid will generally takes precedence.
- Revocation language: Many wills explicitly revoke all prior wills, which helps clarify intent.
- Signatures and witnesses: California requires a will to be properly signed and witnessed, unless it qualifies as a valid handwritten will.
- Testamentary capacity: The person must have been of sound mind and acting voluntarily when the will was created.
If multiple wills exist, the court will decide which one satisfies these legal standards and best reflects the decedent’s intent.
What Happens When Wills Conflict
When two or more wills appear valid and contain conflicting terms, the situation may result in a will contest during probate. In this process:
- Interested parties, such as heirs or beneficiaries, file petitions asking the court to admit a specific will.
- All affected parties receive notice and have an opportunity to respond.
- The court reviews testimony, witness statements, and other evidence to determine validity.
- A judge ultimately decides which document controls the estate.
Disputes frequently center on allegations of forgery, undue influence, or lack of capacity. If the parties cannot agree, the court’s decision after a hearing or trial determines which will governs the distribution of assets.
The Role of the Executor
The executor plays a critical role when multiple wills are discovered. Their duties include:
- Submitting all discovered wills to the probate court for review.
- Ensuring the estate remains secure while the court determines validity.
- Communicating transparently with heirs and beneficiaries to reduce confusion.
- Following court orders once a final determination is made.
Executors who fail to disclose a later-found will or who favor one document over another without court approval risk personal liability.
Avoiding Conflict During Probate
Multiple wills can create significant emotional and financial strain for families. Some ways to ease tension and promote resolution include:
- Encouraging open communication: Keeping everyone informed helps minimize misunderstandings.
- Seeking mediation: Neutral third-party mediators can help families reach agreements outside of court.
- Working with a probate attorney: Legal guidance helps ensure that filings, notices, and deadlines are handled correctly.
Even when family members disagree, approaching the process with transparency and patience can help preserve relationships.
How an Attorney Can Help
Probate involving multiple wills requires careful legal analysis and familiarity with California’s probate code. An attorney can:
- Review each version of the will to identify conflicts or defects.
- Represent the executor or beneficiaries in hearings.
- File motions or responses to contest or defend a will.
- Help ensure the estate is administered according to the court’s ruling.
Having qualified legal guidance can help prevent prolonged disputes and lead to a smoother resolution.
Speak with a California Probate Attorney About Multiple Wills
Sorting through multiple wills is never simple, but you don’t have to face the process alone. Scott D. Fisher, A Professional Law Corporation, provides experienced probate representation throughout California, helping families identify valid wills and resolve disputes efficiently.
Call our office today to schedule a consultation and discuss how we can help protect your loved one’s legacy.