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 revoke a will 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 revoke a will, you must put forth your reasoning. If you are defending an attempt to revoke a will, you must respond appropriately and promptly. 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.
- 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.
If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.