What To Expect When Someone Attempts To Revoke A Will
In many instances, the administration of an estate proceeds smoothly and without disruption. Unfortunately, that is not always the case. A will contest can arise after it is admitted to court for probate proceedings. There are many potential grounds for this contest, such as undue influence or a lack of mental capacity when it was signed. A party who seeks to have a will revoked after it has been admitted to probate must file a petition to request that the probate of the will be revoked. The party attempting to have the will revoked must carefully follow all of the rules and guidelines outlined under the California Probate Code.
What Happens When a Party Seeks to Revoke a Will Admitted to Probate
If you are attempting to have a will revoked, you must put forth your reasoning. If you are defending an attempt to revoke a will, you must respond appropriately and in a timely manner. Regardless of whether you are seeking to have a will revoked or defending a will that was already admitted to probate, the proceedings will go forth in this manner:
- The petition is filed in the appropriate court. If the probate proceedings are occurring in San Diego, the petition would be filed with the Superior Court in San Diego.
- Once the petition is filed, a summons is directed to the personal representative, the heirs, and the devisees of the decedent.
- The summons will contain a direction to the parties receiving it that they must prepare a written response to the petition and file it with the court within 30 days.
- If the parties do not respond in time, they are precluded from participating in the proceedings going forward.
- Along with the summons, the interested parties will also be served with a copy of the petition.
As an interested party in the probate proceeding for an estate that involves a dispute, it is important to have a good understanding of what will take place. We encourage you to view our free guide, Winning the Inheritance Battle: The Ultimate Guide to California Trust and Probate Litigation.
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