San Bernardino, CA asked in Probate for California

Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
PREMIUM
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

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.

If the judge gave petitioner leave to amend their pleading, then most likely one of the exceptions listed in section 8270 may apply, and the judge is giving the petitioner another chance to at least claim one of these exceptions before denying the petition.

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