Legal Question in Wills and Trusts in California
A Petition for Letters of Administration was dropped from the probate calendar, following the hearing, due to report of a "lost will". Petitioner is requesting a court date to continue probate on the filed petition as an "intestate" matter. The petition was initially filed without a will annexed, only two pages of a document (face page and page one of a will) stating the decedent intended the estate to be distributed via terms of a will but, the will is lost. The petitioner explained this to the court by filing a declaration of "Lost Will". The court dropped the matter from the calendar. Can petitioner continue the probate of the estate on the filed petition for letters of administration or is a "new' petition required? Publication of filed petition is complete and all heirs/beneficiaries have been served. Alameda County, CA
2 Answers from Attorneys
Unfortunately it is a new Petition and requires new Notice and new publication. It can have the same case number.
I agree. The petitioner will need to file a new petition with the will annexed. The whole process will need to begin again.
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