Admitting a second will to probate

On Behalf of | Aug 24, 2017 | Probate And Estate Administration |

Many come to see us here at The Law Offices of Alice A. Salvo seeking assistance with probate cases in Los Angeles County because, even though such proceedings can be complicated and drawn-out, they are often necessary in order to effectively distribute a decedent’s assets as he or she intended. If you have recently completed the probate process, you are likely glad that it is over. Imagine what you might face if you had to go through it a second time? 

Is that possible? What if, for instance, when you finally get around to cleaning out your loved one’s old storage shed, you come across another will hidden amongst other documents. No language existed in the will referenced in the probate case mentioning this will or expressly revoking its terms. Could this new will be probated as well? According to the California Probate Code, the answer is yes. 

Section 8226(b) of the state’s Probate Code says that a will may be admitted to probate even in cases where another will has been probated previously. The caveat to this is that the new will may not alter the way that estate property was previously distributed according to the initial one. Say that the initial will stated that the decedent’s home was to pass to you, while a will discovered later states that his or her real properties were meant to go to his or her children. The new will also reveals your loved one owned a small parcel of land in another state. When processing the second will, the probate court may allow you to retain sole ownership of the house, while splitting ownership of this newly discovered property amongst you and your siblings. 

More information on probate proceedings can be found by continuing to explore our site. 


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