Probate Code - PROB
DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591]
( Division 7 enacted by Stats. 1990, Ch. 79. ) PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577]
( Part 2 enacted by Stats. 1990, Ch. 79. ) CHAPTER 3. Probate of Will [8200 - 8272]
( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ARTICLE 3. Contest of Will [8250 - 8254]
( Article 3 enacted by Stats. 1990, Ch. 79. ) 8250.
(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.
(Amended by Stats. 2011, Ch. 308, Sec. 11. (SB 647) Effective January 1, 2012.)