Is Section 473 of the Code of Civil Procedure applicable to probate proceedings?

California, United States of America


The following excerpt is from Lee's Estate, In re, 159 Cal.App.2d 109, 323 P.2d 448 (Cal. App. 1958):

In Estate of Efird, 130 Cal.App.2d 227, 230, 278 P.2d 730, 732, it was held that 'Section 473 of the Code of Civil Procedure is applicable to probate proceedings, Estate of Moreland, 49 Cal.App.2d 484, 487, 121 P.2d 867, and is a remedial statute designed to make judicial proceedings equitable and fair and to relieve a party from excusable neglect to take the procedural steps at the precise time designated. Denke v. Bowes, 77 Cal.App.2d 642, 645, 176 P.2d 81.'

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