Legal Question in Wills and Trusts in California

I submitted a petition for succession to real property form to the court. During the hearing it was found that I incorrectly checked a box on the form and did not notify a family member of the hearing. The judge asked me to ammend the complaint. I now know what to fix but how do I go about the actual ammendment? Is there a form or letter I should submit with the ammendment before the next court date?

Thanks in advance!

Asked on 9/18/12, 7:13 pm

2 Answers from Attorneys

John Palley Meissner, Joseph & Palley, Inc.
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I would file your document as a "supplement" rather than an amendment if they left your matter on calendar. An "amendment" is typically treated as a new filing and thus a new $435 filing fee and new notice to all. A supplement is just an addition to your initial petition. You should give the new people notice by giving them a copy of the original petition and the supplement along with a notice of hearing at least 15 days ahead of time. You might think about hiring an experienced probate attorney though. Good luck. -John

P.S. More info at www.californiaprobate.info

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Answered on 9/19/12, 6:12 am
Anthony Roach Law Office of Anthony A. Roach
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If the judge told you to file an amended petition, you file an amended petition. I've never heard of a filing fee for an amendment ordered by the court.

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Answered on 9/19/12, 12:27 pm


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