Legal Question in Wills and Trusts in California

What happens if another will is found after a will goes through probate? State of California.


Asked on 4/26/11, 6:14 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It is going to be hard to answer that question with specifics, unless more information is provided. California follows the common law rules regarding revocation of wills. The three general methods of revoking a will are: 1) by execution of a written instrument that expressly revokes prior wills (by date); 2) by a physical act; and 3) by operation of law.

It is not clear from your post whether the subseuently found will is dated prior to or after the will that went through probate. You also do not provide any information, assuming that the newly found will was dated later in time, as to whether it expressly revoked the prior will. Even though a subsequent will may not contain language that it revokes a prior will, the rule is generally that to the extent that the latter will makes an inconsistent disposition of property, the terms of the prior will are superseded.

It is also not clear at what stage the will was in probate, because there are two types of what are known as will contests, with limitations on the time for each. You may want to repost with more factual detail and information.

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Answered on 4/30/11, 7:32 pm


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