2011 California Code
Probate Code
DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591]
ARTICLE 2. Proof of Will
Section 8226
(a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to Section 8007.
(b) Subject to subdivision (c), a will may be admitted to probate notwithstanding prior admission to probate of another will or prior distribution of property in the proceeding. The will may not affect property previously distributed, but the court may determine how any provision of the will affects property not yet distributed and how any provision of the will affects provisions of another will.
(c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods:
(1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate.
(2) Sixty days after the proponent of the will first obtains knowledge of the will.
(Amended by Stats. 1997, Ch. 724, Sec. 19. Effective January 1, 1998.)
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