Is the executor obligated to notify extended family members about probate, even if they’re not named in the Will?

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Is the executor obligated to notify extended family members about probate, even if they’re not named in the Will?

One year after the Will was admitted to probate, I got hit with a petition to revoke the Will under the extrinsic fraud criteria.

Asked on March 24, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is because in California you only have 120 days to contest a Will. If no one contest the probate of a will within the 120 day period (after the will is admitted to probate), the probate of will is conclusive, unless there is extrinsic fraud. If no one contest the probate of a will within the 120 day period (after the will is admitted to probate), the probate of will is conclusive, unless there is extrinsic fraud. The general rule of thumb used by most attorneys is to notify all those that would have taken under the law should there have been no Last Will and Testament in place.  As an executor you are entitled to be defended with estate funds i a lawsuit.  Check with your lawyer.  Good luck.


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