When someone dies, that person’s estate may need to go through probate. During probate, the court will validate a will if there was one. Also, the court will make sure the personal representative pays the deceased person’s taxes, and creditors have a chance to claim debts from the estate. Lastly, the court will order the personal representative to distribute the assets according to the terms of the will. If there is no will, the distribution will be according to the laws of intestate succession. Most of the time, probate goes smoothly. After the legal formalities, the decedent’s heirs get their money.
Probate in California is a public process, though. The reason it is public is so that anyone who has an objection to the probate petition has a chance to voice that objection. If you think the will is incorrect, or you have another valid reason to object, you can file an objection to a petition for probate. With this in mind, the good news is that you don’t need a lawyer to object to a petition for probate. A People’s Choice is a registered legal document assistant (LDA) and we can help you.
Why Object to a Petition for California Probate?
There are many reasons to object to a petition for probate formally. If you think that there is something incorrect in a will, you can file an objection at the beginning of the probate process. You may want to object to the appointment of a specific person petitioning to be the estate administrator. Most people who file objections are family members of the deceased person.
Objections Based on the Will
Sometimes people object to a petition for probate because of problems with the Will. They may believe that the will, as submitted to the court for probate, does not grant them their rightful inheritance or is fraudulent. The following are some situations in which you may want to object to a petition for probate:
- The will is forged.
- It appears someone has tampered with the will and added or removed words or sentences.
- Someone bullied the deceased person into changing his or her will and reducing your inheritance.
- You believe someone exploited the deceased person’s dementia or poor health to convince the deceased person to change the will.
- The original will has not been produced.
Objections Based on Capacity of Personal Representative
You may want to object to a petition for probate because you believe the person seeking appointment as personal representative lacks the integrity or qualifications to properly act. For example, maybe the person asking for appointment is financially unsound or has been dishonest and devious in the past. You may feel that they do not have the honesty and integrity to complete their duties as personal representative of the estate properly. Perhaps the person seeking appointment does not have the legal standing and authority to petition as personal representative. There are many different reasons a person may want to object to a petition for probate. If you believe the proposed personal representative will not act in the estate’s best interest you should act quickly. Filing an objection to a petition for probate will usually require you to also submit your own probate petition.
Objecting to a Petition for California Probate is Time-Sensitive
The time to file an objection to a petition for probate is before the first probate hearing. When the personal representative of an estate files a petition for probate, the court begins making public announcements about the estate. They publish announcements in newspapers, letting interested parties know that the estate will be opened for probate. These notices contain the date of the first probate hearing. The reason for these notices is to give people a chance to object. If you do not submit your objection before the first hearing, the court will assume that the person seeking to be appointed personal representative is the best person for the job and that the will is correct. You should contact a legal document assistant for help writing the objection as soon as you become aware of the filing of a probate petition.
You Do Not Need a Lawyer to Object to a Petition for Probate
It is possible to object to a petition for probate without hiring a lawyer. Most people cannot file a formal objection to a probate petition without some professional help. The most inexpensive way to object to a petition for probate is to hire a registered legal document assistant to draft it for you. Unfortunately, California does not have an objection form that you can simply fill out. Remember, if you want to object to a Petition for Probate, you need to present an alternative solution to the court. This alternative solution is a counter probate petition. If your objection is worded well, filed on time, and your counter-petition complete, your chances that the court will accept the objection and counter-petition improve significantly. Having a professional Legal Document Assistant draft the objection and your counter-petition is a good investment.
Hiring a probate lawyer in California can be an expensive proposition. Luckily California law provides alternatives for low-cost legal help. If you believe you have grounds to object to a petition for probate, you must act quickly. Contact A People’s Choice today by calling 800-747-2780. We can help you write an objection to a petition for probate and prepare a counter-petition for the court’s consideration.
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In California , how soon is it official for individual has power to evict the stepdaughter and caregiver when the appointed executor of estate is biological son . Also he deposited a will that was prior to meeting and marriage of deceased ? My mom married in 2012 and she passed 5/20 and he passed 1/22. I have been living with him since 2018. They first gave me 2 weeks to move and then 60 days to vacate. Which they have to do an unlawful detainer I have no place to go.
We no longer assist with evictions. You should speak with an attorney on this righr away.
Can you petition the probate court to go to probate when there is a living trust for any reason, including you don’t feel your co-executor is being transparent?
Can you also cancel your petition after you make one?
If the Trustee is not properly performing their duties you can certainly petition the court to bring that to their attention and request specific relief such as their removal etc. Once filed, I would think you could also withdraw your petition. You may want to get legal advice about your specific situation.
I actually have a reverse situation. I would like to respond to an objection and submit it to the Court before the Case Management Conference;
the next scheduled hearing.
Give us a call at 800-747-2780 and we will see if this is something we can help you with.
My sister took our mom to doctor and also some way had approval to do moms banking. Mom went to the hospital and never came out. Our sister locked the family out of the house we opened a probate in LA. After months we found out that our sister came up with a deed mom so called signed on 12/10 hospitalized 11/13 now we stuck in probate court wondering how to see if documents are real. Probate attorney is not responding.
Unfortunately, if you are concerned about the authenticity of documents, you will need legal advise on how to proceed. Talk to several attorney’s if you can. It’s best to find someone you feel you can trust.
How much you charge to do Objection to a Petition for Probate
$500 But typically you also need to file a counter petition at the same time
And how much you charge total, Objection & Petition.
A counter petition is $1500. Plus $500 for objection.