SECTIONS 12520-12524 - California Statutes

PROBATE CODE

SECTION 12520-12524

12520. (a) If a nondomiciliary decedent's will has been admitted to
probate in a sister state or foreign nation and satisfies the
requirements of this article, probate of the will in an ancillary
administration proceeding is governed by this article.
(b) If a nondomiciliary decedent's will has been admitted to
probate in a sister state or foreign nation, but does not satisfy the
requirements of this article, the will may be probated in an
ancillary administration proceeding pursuant to Part 2 (commencing
with Section 8000).

12521. (a) A petition for probate of a nondomiciliary decedent's
will under this article shall include both of the following:
(1) The will or an authenticated copy of the will.
(2) An authenticated copy of the order admitting the will to
probate in the sister state or foreign nation or other evidence of
the establishment or proof of the will in accordance with the law of
the sister state or foreign nation.
(b) As used in this section, "authenticated copy" means a copy
that satisfies the requirements of Article 2 (commencing with Section
1530) of Chapter 2 of Division 11 of the Evidence Code.

12522. If a will of a nondomiciliary decedent was admitted to
probate, or established or proved, in accordance with the laws of a
sister state, the court shall admit the will to probate in this
state, and may not permit a contest or revocation of probate, unless
one or more of the following are shown:
(a) The determination in the sister state is not based on a
finding that at the time of death the decedent was domiciled in the
sister state.
(b) One or more interested parties were not given notice and an
opportunity for contest in the proceedings in the sister state.
(c) The determination in the sister state is not final.

12523. (a) Except as provided in subdivision (b), if a will of a
nondomiciliary decedent was admitted to probate, or established or
proved, in accordance with the laws of a foreign nation, the court
shall admit the will to probate in this state, and may not permit a
contest or revocation of probate, if it appears from the order
admitting the will to probate in the foreign nation, or otherwise
appears, that all of the following conditions are satisfied:
(1) The determination in the foreign nation is based on a finding
that at the time of death the decedent was domiciled in the foreign
nation.
(2) All interested parties were given notice and an opportunity
for contest in the proceedings in the foreign nation.
(3) The determination in the foreign nation is final.
(b) The court may refuse to admit the will, even though it is
shown to satisfy the conditions provided in subdivision (a), where
the order admitting the will was made under a judicial system that
does not provide impartial tribunals or procedures compatible with
the requirements of due process of law.

12524. A nondomiciliary decedent's will admitted to probate under
this article has the same force and effect as the will of a person
who dies while domiciled in this state that is admitted to probate in
this state.