California Court of Appeal

In a postprobate contest to a will, the trial court's order sustaining the executor's demurrer without leave to amend is reversed, where:1) the trial court erred in implicitly concluding that the demurrer was filed within 30 days of the service of the summons pertaining to the contest, as service of the summons and postprobate contest on the executor's attorney on a date more than 30 days prior was effective; and 2) the trial court erred in concluding that the bar against successive probate contests contained in Probate Code section 8270 barred the appellant's postprobate contest, because the court never adjudicated the appellant's preprobate contest.

Appellate Information

• Decided 03/20/2012
• Published 03/20/2012

Judges

• Aaron

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Margaret Kay Herring