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Does a pending probate case, override a civil case involving real property?

Colton, CA |

Should a probate case be postponed, until the civil case is decided? When is a Spousal Property Petition and Order filed?

Attorney Answers 1

  1. You need to be presented by counsel in California probate court, as the process is complicated. There are no enough facts of your case presented. I strongly recommend that you advise the judge in each court e.g. probate and civil of the related case in the other courtroom. A probate case (if there was a will or no will) is required to be filed within 45 days of the death of the decedent.

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