Legal Question in Wills and Trusts in California

You have 90 days from the date the will is served upon you.

Has the Will been filed to be admitted for probate? If so, the procedures for contesting a will before its admission to probate are found in Probate Code �� 8250-8254. There are several tactical advantages to filing a contest preprobate. However, the contest must be filed before the hearing on petition for probate. A postprobate contest is a petition to revoke the probate and the procedures are discussed in Probate Code �� 8270-8272. A petition for revocation of probate must be filed within 120 days after the will is admitted to probate and the 120 days runs from the date of the clerk�s minute order.

I agree with Ms. Rouse. There are two different will contest statutes, one set for preprobate and one set for post probate.