CHAPTER 3. Probate of Will [8200. - 8272.]

Chapter 3 enacted by Stats. 1990, Ch. 79.

§§ 8200–8272 · 19 sections

1. ARTICLE 1. Production of Will §§ 8200–8203 · 4 sections

   • § 8200 (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the…
   • § 8201 If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession…
   • § 8202 If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for…
   • § 8203 If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court…
2. ARTICLE 2. Proof of Will §§ 8220–8226 · 7 sections

   • § 8220 Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will…
   • § 8221 If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to…
   • § 8222 A holographic will may be proved in the same manner as other writings.
   • § 8223 The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the…
   • § 8224 The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of…
   • § 8225 When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed.
   • § 8226 (a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the…
3. ARTICLE 3. Contest of Will §§ 8250–8254 · 5 sections

   • § 8250 (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be…
   • § 8251 (a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the…
   • § 8252 (a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of…
   • § 8253 At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of…
   • § 8254 The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or…
4. ARTICLE 4. Revocation of Probate §§ 8270–8272 · 3 sections

   • § 8270 (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual…
   • § 8271 (a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to…
   • § 8272 (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation of probate of a…