California Probate Code 8007 – (a) Except as provided in subdivision (b), an order admitting a …
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(a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the court and cannot be collaterally attacked.
(b) Subdivision (a) does not apply in either of the following cases:
Terms Used In California Probate Code 8007
- Decedent: A deceased person.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Probate: Proving a will
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(1) The presence of extrinsic fraud in the procurement of the court order.
(2) The court order is based on the erroneous determination of the decedent‘s death.
(Enacted by Stats. 1990, Ch. 79.)