Legal Question in Wills and Trusts in California
We are going through probate on a will that has less than 700,000 and no heir is contesting the will. We have had problems getting the will through probate due to problems with the submission to the court. The last court note on the case was that it was dropped from the calendar. Does this mean it has been settled, or is probate going to have to be refiled?
3 Answers from Attorneys
It probably means that the documents submitted are for some reason not acceptable to the court so the case is being put in limbo until the correct motions are filed. You do not have to start all over in the sense of refiling the initial paper for starting probate, but nothing will happen on the matter until you file the correct documents. You should at the least read the Nolo Press book on Probate to figure out what to do, as the clerks at court will likely not give you any help and each motion you file will probably cost you at least $355. It would be wisest for the executor of the estate to contact an attorney who does probate to find out what should be done. That attorney can be hired on an hourly basis as opposed to a percentage of the value of the estate.
Mr. Shers is correct, except that the filing fee for an amended petition is $395.
Above is accurate. Call me to discuss your case. I can likely take care of this in an expedited, efficient and low cost manner. -John
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