Can I ask for a DNA test in probate court

I had a client, Esperanza, whose aunt passed away leaving a handwritten will naming her as the sole beneficiary. Sounds simple, right? It wasn’t. A previously unknown cousin emerged, claiming to be the aunt’s only legitimate heir. The cousin’s attorney immediately challenged the will, and more importantly, Esperanza’s biological relationship to the aunt. The estate was worth over $750,000, and Esperanza stood to lose everything if she couldn’t prove her paternity. The initial discovery requests were met with resistance, forcing us to file a motion compelling DNA testing.

The short answer is yes, you absolutely can ask for a DNA test in California probate court, but it’s not automatic. The court won’t simply order a test based on a whim. You need a valid legal reason and the proper procedural steps. This usually arises in cases where there is a dispute about who is legally entitled to inherit, particularly when paternity or maternity is in question. Without solid evidence, beneficiaries can find themselves in protracted, costly legal battles.

California Probate Code § 6112 dictates who is considered an ‘interested person’ with standing to file a petition, which is the first step. Typically, that means you’re a named beneficiary in a will, an heir-at-law, or someone with a direct financial stake in the estate. You’ll then need to file a formal petition with the court, outlining the reasons you suspect a challenge to biological relationship and requesting an order for DNA testing. This petition should also include the proposed method and laboratory for testing, although the court has final say on that.

Verified Authority on California Probate Litigation

• Double Damages (Bad Faith Taking): California Probate Code § 859
  The “nuclear option” of probate litigation. If the court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to the estate, the judge may assess liability for twice the value of the property, in addition to recovering the asset itself.
• Grounds for Removal of Executor: California Probate Code § 8502
  This statute lists the specific legal reasons a judge can fire a Personal Representative. Common grounds include wasting or mismanaging assets, neglecting the estate (moving too slow), or having an incurable conflict of interest with the beneficiaries.
• The “850 Petition” (Title Disputes): California Probate Code § 850
  Probate litigation often revolves around ownership. This powerful petition allows the probate court to solve title disputes without filing a separate civil lawsuit. It is used when an asset is titled to a third party but belongs to the estate (or vice versa).
• Presumption of Undue Influence (Caregivers): California Probate Code § 21380
  To prevent elder abuse, California law makes it incredibly difficult for paid caregivers to inherit from their patients. The law presumes the gift was the result of undue influence, forcing the caregiver to prove their innocence in court, often requiring a “Certificate of Independent Review.”
• Civil Discovery Rules Apply: California Probate Code § 1000
  Probate is not just administrative; it is a court of law. This code section confirms that the standard rules of civil practice apply. This means litigators can use interrogatories, depositions, and demands for production of documents to build their case against a rogue executor.
• Extraordinary Fees (Litigation Costs): California Probate Code § 10811
  Litigation is not covered by the standard statutory fee. Attorneys can petition the court for “extraordinary fees” for litigation services (e.g., defending a will contest or recovering stolen property). These fees are billed hourly and must be approved by the judge.

How do enforcement rules in California probate court shape outcomes for heirs and fiduciaries?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

To initiate the case correctly, you must connect the filing steps through petition for probate, confirm the location using proper probate venue, and ensure no interested parties are missed by strictly following probate notice requirements rules.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

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About the Author & Legal Review Process

This article was researched and drafted by the The Law Firm of Steven F. Bliss Esq.’s Legal Editorial Team, a collective of experienced Attorneys, legal writers, and paralegals dedicated to making complex law accessible.

Legal Review: To ensure the highest level of accuracy and strategic insight, this content was rigorously reviewed and approved by Steven Farley Bliss. With over 32 years of experience in Estate Planning & Probate, Mr. Bliss ensures that all information meets the firm’s strict standards for legal precision and current case law compliance.

With more than 32 years of experience in California Probate and Estate Administration, Mr. Bliss focuses on guiding executors through the complex court system, resolving creditor disputes, and managing estate assets to ensure a smooth distribution process that minimizes delay and protects the executor from liability.

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Address:

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Escondido, CA 92025
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