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Cal. Prob. Code § 8007

Commencement of Proceedings

Applied in 1 court decision — leading case Zisk v. Walkley Heights Associates, No. Cv98-008 60 79 (May 24, 2002) (2002)

Most recently applied in Zisk v. Walkley Heights Associates, No. Cv98-008 60 79 (May 24, 2002) (May 2002)

Enacted by Stats. 1990, Ch. 79.

(a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the court and cannot be collaterally attacked.

(b) Subdivision (a) does not apply in either of the following cases:

(1) The presence of extrinsic fraud in the procurement of the court order.

(2) The court order is based on the erroneous determination of the decedent’s death.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.