GroundRules
PROB § 8250
Where this section sits in the code
- Probate Code - PROB
- DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000. - 12591.]
- PART 2. OPENING ESTATE ADMINISTRATION [8000. - 8577.]
- CHAPTER 3. Probate of Will [8200. - 8272.]
- ARTICLE 3. Contest of Will [8250. - 8254.]
(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.
Collected 2026-09-14T05:56:33Z. Source file · JSON