Can someone challenge an intestate succession after the estate has already been distributed?

Yes, someone can challenge an intestate succession after the estate has already been distributed in California. This is because the California Probate Code states that any interested party has the right to challenge an intestate succession distribution under certain circumstances. Generally, an interested party can challenge the distribution of the estate if they believe that the estate was distributed incorrectly, or if they believe that the decedent’s estate was not properly administered before it was distributed. In order to challenge an intestate succession distribution, an interested party must have standing to do so. Standing in this context means that they must have a financial interest in the outcome of the challenge. This can include close family members, such as spouses or children, as well as creditors of the deceased. There may also be other parties with standing, such as the executor of the estate or the attorney who assisted the deceased in creating their will. Once an interested party has the standing to challenge an intestate succession, they can file a petition with the court to have the distribution reviewed. At this point, the court will review the evidence and consider the parties’ arguments before making a final decision. This decision may include changing the distribution of the estate or upholding the original distribution.

Related FAQs

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