§ 764.020 Validity or interpretation of gift, devise, bequest or trust under a will; admissibility; determination; effect of probate decree

Codes > California Code of Civil Procedure > Part 2 > Title 10 > 764.020

§ 764.020. Validity or interpretation of gift, devise, bequest or trust under a will; admissibility; determination; effect of probate decree

    (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.