Estate of Mauzey
The will was discovered after letters of administration had been issued based on a finding that the decedent was intestate. In the first proceeding, the proponent of the will was aware of the pending proceedings to administer the intestate estate at the time he discovered the will, but he did not file his successor petition for probate until more than 120 days after the court issued its order determining intestacy and until more than 60 days after he had knowledge of the will. The probate court ruled that the successor petition was barred by the time limits set forth in Probate Code section 8226, subdivision (c). In the second proceeding, the court found that the petition for probate was timely because the proponent, who had not received notice of the prior probate proceedings, filed the petition within 60 days after he learned of the wills existence. Court affirm both orders.
Comments on Estate of Mauzey