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Complications & Concerns Frequently Asked Questions
Can probate be contested?
Yes. An interested party can contest a probate on grounds such as undue influence, lack of mental capacity, or the existence of a newer, more recent will.
What happens if someone dies without a will?
The estate follows Intestate Succession. California law dictates who inherits (e.g., spouse first, then children, then parents, etc.). The court will not take your personal relationships into account; it follows the legal bloodline strictly.
What if there are multiple heirs?
If multiple heirs cannot agree on how to handle an asset (like whether to sell or keep the family home), the court may order the asset sold and the cash proceeds divided among the heirs.
Can probate be expedited?
In some cases, yes. For example, a Spousal Property Petition is a faster way to transfer assets to a surviving spouse without a full probate, regardless of the estate's value.
What happens if assets are missing?
The executor must perform a "diligent search." If assets are discovered later, the estate may need to be "re-opened" or a supplemental inventory filed.
More questions?
Learn more about the probate process in our expanded Frequently Asked Questions pages.











