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The process of revoking probate

The probate process in Los Angeles can be emotionally taxing. Yet once it has started, the presumption is that is cannot be stopped. Why would you want to stop it anyway? That is the question that many of those that come to see us here at The Law Office of Matthew C. Yu have. We tell them to think of scenarios that would cause them to question the validity of a will. What if you believed that the decedent had been unduly influenced in creating it? What you found another will that would normally revoke the one already in probate? In these and other select cases, the law does permit you to petition that the probate process be revoked. 

Section 8270 of California's Probate Code shows that as long you are an interested party to an estate and are not involved in a dispute regarding the will at the center of it, you can seek to have the probate process in you case revoked. The court will review your claim and then issue a ruling. If that ruling is in your favor, the will is immediately pulled from probate and the authority bestowed on the personal representative handling the case ends. If your complaint is against the personal representative, this may represent an effective way to stop their efforts. You should know, however, that they cannot be held reliable for costs incurred (or financial losses suffered) while attempting to perform their duties in good faith. 

The law allows you 120 days from the date the will was submitted to probate to seek a revocation. That period is extended to the time the estate assets are dispersed if you were a minor at the commencement of the case. More information on managing the probate process can be found here on our site. 

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Torrance, CA 90505

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