---
title: "Index the file for a will contest"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-affidavits-and-submissions-for-a-contested-estate/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-T1-R10-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Index the file for a will contest

> List each will, its date, any person the file shows drafted it or cared for the testator, and any medical note already in the file, each with the page. Write no sentence of a filing and no outline of testimony.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-affidavits-and-submissions-for-a-contested-estate/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List each will, its date, any person the file shows drafted it or cared for the testator, and any medical note already in the file, each with the page. Write no sentence of a filing and no outline of testimony. |
| What the lawyer must review | You write every filing. Section 6100.5(a)(1) states that a person is not mentally competent who cannot understand the testamentary act, understand and recollect the nature and situation of the property, or remember and understand the person's relations to living descendants, spouse, and parents, and those whose interests are affected. Section 6100.5(a)(2) covers a mental health disorder with delusions or hallucinations that result in a devise the person would not have made without them. Section 21380(a) lists the persons whose donative transfer is presumed the product of fraud or undue influence. The presumption is rebutted by clear and convincing evidence, except that § 21380(c) makes it conclusive for a transfer to the drafter and to a person related to or associated with the drafter as described in paragraphs (5), (6), and (7). Section 21382 states exceptions that were not opened. Section 6110 is the writing and witness rule. |
| Written for | United States |
| Applies to | [Draft affidavits and submissions for a contested estate](https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-affidavits-and-submissions-for-a-contested-estate.md) |

## Checking plan

- What the AI does: List each will, its date, any person the file shows drafted it or cared for the testator, and any medical note already in the file, each with the page. Write no sentence of a filing and no outline of testimony.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat every family gift as presumed. Section 21380(a) lists the persons. Open § 21382 before you apply an exception.
- These sections are California. Another state defines capacity and undue influence differently.

## Sources

- [California Probate Code § 6100.5 (mental competence to make a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5) (checked 2026-10-22)
- [California Probate Code § 21380 (presumed fraud or undue influence)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=21380.) (checked 2026-10-22)
- [California Probate Code § 6110 (will must be in writing and witnessed)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*