SECTIONS 8270-8272 - California Statutes

PROBATE CODE

SECTION 8270-8272

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 notice of a will contest in time to have
joined in the contest, may petition the court to revoke the probate
of the will. The petition shall include objections setting forth
written grounds of opposition.
(b) Notwithstanding subdivision (a), a person who was a minor or
who was incompetent and had no guardian or conservator at the time a
will was admitted to probate may petition the court to revoke the
probate of the will at any time before entry of an order for final
distribution.

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 the petitioner. The summons
shall contain a direction that the persons summoned file with the
court a written pleading in response to the petition within 30 days
after service of the summons. Failure of a person timely to respond
to the summons precludes the person from further participation in the
revocation proceeding, but does not otherwise affect the person's
interest in the estate.
(b) The summons shall be issued and served with a copy of the
petition and proceedings had as in the case of a contest of the will.
(c) If a person fails timely to respond to the summons:
(1) The case is at issue notwithstanding the failure and the case
may proceed on the petition and other documents filed by the time of
the hearing, and no further pleadings by other persons are necessary.
(2) The person may not participate further in the contest, but the
person's interest in the estate is not otherwise affected.
(3) The person is bound by the decision in the proceeding.

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 will terminates the powers of the
personal representative. The personal representative is not liable
for any otherwise proper act done in good faith before the
revocation, nor is any transaction void by reason of the revocation
if entered into with a third person dealing in good faith and for
value.