Responding to Probate Court Petitions

You find out about a Probate court petition that you do not agree with. What do you do? According to Keith Davidson of the California Trust Estate & Probate Litigation Blog:

When faced with a Probate Court Petition that you do not agree with, you must object. Luckily, in California you have some leeway on when you can object because our Probate Code allows interested parties to object orally at the initial hearing. In other words, you technically do not have to have a written objection before the initial hearing date.

If you don’t have time to prepare a written objection or hire an attorney prior to the hearing, show up on time and make an oral objection. But if you do have time, a written objection is better, since the chances are higher of getting your point across if it is in writing.

If you are going to rely on an oral objection at a probate court hearing, then be sure to show up on time. If you want to play it safe, then file your written objection well before the hearing date so the judge will be sure to read it.

See the entire article here.

The best practice is to hire an attorney prior to the hearing. Going to court without an attorney is like walking through a minefield without a guide. But if there is no time, show up anyway and object.

You can contact an attorney at the Law Office of Roger Billings at (916) 786-8706, or by clicking here.

Photo by Karen Neoh

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