§ 8250. — 8250. (Amended by Stats. 2011, Ch. 308, Sec. 11.)

California § 8250.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 2.: PART 2. OPENING ESTATE ADMINISTRATION
• Ch. 3.: CHAPTER 3. Probate of Will
• Art. 3.: ARTICLE 3. Contest of Will

Text

(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 issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of hearing of a petition for administration of the decedent’s estate. The summons shall be issued and served as provided in Chapter 3 (commencing with Section 412.10) and Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the contest within 30 days after service of the summons.
(b)
A person named as executor in the will is under no duty to defend a contest until the person is appointed personal representative.

Legislative History

Amended by Stats. 2011, Ch. 308, Sec. 11. (SB 647) Effective January 1, 2012.