California Probate Code 12523 – (a) Except as provided in subdivision (b), if a will of a …
(a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a foreign nation, the court shall admit the will to probate in this state, and may not permit a contest or revocation of probate, if it appears from the order admitting the will to probate in the foreign nation, or otherwise appears, that all of the following conditions are satisfied:
(1) The determination in the foreign nation is based on a finding that at the time of death the decedent was domiciled in the foreign nation.
Terms Used In California Probate Code 12523
- Decedent: A deceased person.
- Probate: Proving a will
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) All interested parties were given notice and an opportunity for contest in the proceedings in the foreign nation.
(3) The determination in the foreign nation is final.
(b) The court may refuse to admit the will, even though it is shown to satisfy the conditions provided in subdivision (a), where the order admitting the will was made under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(Enacted by Stats. 1990, Ch. 79.)