In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final?

California, United States of America


The following excerpt is from Nielsen's Estate, In re, 217 Cal.App.2d 147, 31 Cal.Rptr. 424 (Cal. App. 1963):

In Security-First National Bank v. Superior Court of Los Angeles (1934) 1 Cal.2d 749, [217 Cal.App.2d 150] page 755, [217 Cal.App.2d 149] 37 P.2d 69, at page 72, the court states: [217 Cal.App.2d 150] '* * * a subsequent application in the administration of the same estate to set aside a previous order entered in the course of probate jurisdiction after the same has become final is a collateral attack, and unless the order is void on its face, it may not on such attack be set aside. [Citations.]'

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