Do I need to go to the probate court review hearing if I file a Status Report?
I need to keep the probate open after the one year review date.
Can I go ahead and file the Receipt & Waiver by Heir or Beneficiary form now?
Landlord / Tenant Lawyer
If the court has issued an order telling you to show up for a review hearing and you don't go, the probate could be dismissed without being closed, and that could be a huge problem. If you file a status report, you still need to show up in case the court has any questions for you.
You can file the receipt and waiver forms at any time. You state that you "need" to keep the probate open, but you don't say why, so it's tough to comment on that part.
Hope this helps anyway. Elizabeth Powell
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Estate Planning Attorney
As mentioned, without all the relevant facts, it is hard to give you advice here. What is your point or need in keeping it open? Is there still an outstanding issue or asset?
Contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.