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Preprobate Contests

Many times anyone of interest in a decedent's will might have issue with the will contents. Maybe they believe the will was created under duress or that the gifts are not being distributed the way the decedent had intended.

While contesting a will while in probate is pretty common, did you know that you can also contest a will before it goes into probate? This is called a preprobate contest. When a person files this contest it may be that they simply do not want the will to be probated or that they have issue with the executor.

If you are contesting a will, you simply need to serve the party or parties that want the will probated. Then, under The California Probate Code, they will have 30 days to file a demurrer (an objection) from the date when the service was received.

If you are an interested party to a will and think you have cause for a preprobate contest, please consult with a professional Estate Administration Attorney.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.

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