DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS 7000-12591›PART 2. OPENING ESTATE ADMINISTRATION 8000-8577›CHAPTER 3. Probate of Will 8200-8272›ARTICLE 3. Contest of Will 8250-8254

§ 8252

California Probate Code · 2026-09 edition · updated 2026-10-03 · California

(a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate.

(b) The court shall try and determine any contested issue of fact that affects the validity of the will.

(Enacted by Stats. 1990, Ch. 79.)

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California Probate Code

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