Moss

I.

INTRODUCTION

Any interested person who wishes to contest a will may bring a contest before the will is admitted to probate (i.e., a preprobate contest) (Prob. Code, § 8250). 1 In addition, “any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest,” may bring a contest after the will is admitted to probate (i.e., a postprobate contest) (§ 8270, subd. (a), italics added). Upon filing either a preprobate or postprobate contest, the contestant must serve a summons on certain statutorily specified persons. (§§ 8250, *524 8271.) A person who receives such a summons may file a demurrer to the contest within 30 days of service of the summons. (§§ 8251, 8271, subd. (b).)

In this case, Lorraine Bergeron Moss (Lorraine) filed a petition to probate a will of Robert Clinton Moss, Sr. (the decedent). In her petition, Lorraine alleged that she was the decedent’s spouse and executor of the will. The decedent’s son, Oliver L. Moss (Oliver), and grandson, Barry D. Moss (Barry), filed preprobate contests. The trial court admitted the will to probate without adjudicating, on the…