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Section 12523 Of Article 2. Probate Of Nondomiciliary Decedent’s Will Admitted To Probate In Sister State Or Foreign Nation From California Probate Code >> Division 7. >> Part 13. >> Chapter 2. >> Article 2.
12523
. (a) Except as provided in subdivision (b), if a will of a
nondomiciliary decedent was admitted to probate, or established or
proved, in accordance with the laws of a foreign nation, the court
shall admit the will to probate in this state, and may not permit a
contest or revocation of probate, if it appears from the order
admitting the will to probate in the foreign nation, or otherwise
appears, that all of the following conditions are satisfied:
(1) The determination in the foreign nation is based on a finding that at the time of death the decedent was domiciled in the foreign nation.
(2) All interested parties were given notice and an opportunity for contest in the proceedings in the foreign nation.
(3) The determination in the foreign nation is final.
(b) The court may refuse to admit the will, even though it is shown to satisfy the conditions provided in subdivision (a), where the order admitting the will was made under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(1) The determination in the foreign nation is based on a finding that at the time of death the decedent was domiciled in the foreign nation.
(2) All interested parties were given notice and an opportunity for contest in the proceedings in the foreign nation.
(3) The determination in the foreign nation is final.
(b) The court may refuse to admit the will, even though it is shown to satisfy the conditions provided in subdivision (a), where the order admitting the will was made under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
