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How do I go about filing a Petition to Dismiss Probate case?

Beaumont, CA |

How do I go about filing a petition to stop/dismiss my probate case? Are there any requirements to do this? The estate is insolvent and I need to abandon my deceased mother's house. The house was the only asset in the probate case.

Attorney Answers 1

Posted

If an Inventory & Appraisal hasn't been filed, you can file a Judicial Counsel Form CIV-110 "Request for Dismissal". If an Inventory & Appraisal has been filed, you will need to prepare a "Petition Requesting Dismissal of Probate and Discharge of Personal Representative" and ask the Judge for permission to dismiss the case. That is not a preprinted "form" document.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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David John O'Connell

David John O'Connell

Posted

With respect to Ms. Brewer, her answer may be misleading to some, as it is not approprate for all probate proceedings. For, example, if the petition were filed to administer a trust, Probate Code section 17202 states that a court "may" dismiss a probate if the judge determines that the proceeding is not reasonably necessary to protect the interests of a beneficiary. In practice, local courts, especially in San Diego County, with which I am most familiar, require a showing under local rule 4.21.4(C), that a petition may only be dismissed upon an order of the court. I expect that other jurisdictions have similar procedural rules.