Is it best to show up in person for a petition to probate hearing if you are the one slated to be appointed as Executor?

If I have legal representation, and the petition to probate has a court hearing date assigned, and I believe my siblings may contest me being appointed as Executor is it best to be at the hearing in person as well or not go and wait to see what the outcome of the court hearing is. I've been told if I go to the hearing I won't be able to say or do anything anyway. What do you advise your clients in a similiar situation to do?

San Jose, CA -

Attorney Answers (4)

Michael Raymond Daymude

Michael Raymond Daymude

Probate Attorney - Sherman Oaks, CA
Answered

This is a question you should ask your attorney. Then, follow that advice.

Most probate hearings are perfunctory. If the notes are cleared and no objections have been filed the matter will either be approved or continued if an objection is made at the hearing.

In 99.9% of the cases your appearance will not make any difference to the outcome. IMO, whether you attend is simply a matter of your personal preference. Good luck.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Shawn Michael Haggerty

Shawn Michael Haggerty

Estate Planning Attorney - Hacienda Heights, CA
Answered

I feel the answer is "yes." Speak with your probate attorney.

Minda B. Parrish

Minda B. Parrish

Probate Attorney - San Jose, CA
Answered

If you believe it will be contested, I would advise my client to attend

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Estate Planning Attorney - Largo, FL
Answered

Most likely-any petition to object to your appointment would be filed and your attorney would be aware of the situation. You should discuss with your attorney and take his/her advice.

The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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