California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 4 — Quiet Title, Article 5 — Judgment, Section 764.020

(a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will, whether admitted to probate or not, is involved:

(1) The will or instrument purporting to be a will is admissible in evidence.

(2) All questions concerning the validity of the gift, devise, bequest, or trust shall be finally determined in the action.

(3) If the will has been admitted to probate and the gift, devise, bequest, or trust has been interpreted by a final decree of the probate court, the interpretation is conclusive as to the proper construction thereof.

(b) Nothing in this section deprives a party of the right to a jury trial in any case where, by law, the right is now given.

Notes

Requires admission of a will or purported will when the validity or interpretation of a gift, devise, bequest, or trust under it is involved and requires final determination of those questions in the action. A final probate decree interpreting an admitted will is conclusive as to construction, and the provision preserves any otherwise available jury-trial right.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 764.020 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-4/article-5/section-764-020

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.