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California
A party challenging the validity of a will must file a "summons." The proponents of the will have thirty (30) days to file a "response" to the "summons." If a will has been admitted to probate, any interested party can file a petition with the Court asking that the will be removed from probate.
In a will contest, the proponents of the will have the burden of proving that the will was duly executed while the contestants have the burden of proving lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation.
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If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. Please click here if you would like us to review your situation.
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