Legal Question in Wills and Trusts in California

Generally no because the probate process finalizes the estate. There is usually notice and opportunity to challenge.

Maybe, depending on how long of tme has elapsed after the distribution occurred, whether fraud was comitted in the the distribution of assets, whether the beneficiary knowingly or unknowingly released the executor of any future liability in the exercise or not execise of his fiduciary duty as executor of the will. You are advised to immediately obtain a review by a probate litigation attorney for an analytical answer to your question, as there are time limitations within which to bring a lawsuit against an executor after the fact.

The time to "contest the Will" is before the court at the beginning of the probate process. Once the Will is "admitted to probate," there is no possibility to contest it at a later time unless there was extrinsic fraud.

There are only two procedural methods for challenging a will, a contest before a will is admitted to probate, and a contest after a will is admitted to probate.

A post probate will contest is called "revocation of probate." The time for filing a post probate objection is 120 days after the will is admitted to probate. "Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will." (Prob. Code, � 8270).