What evidence is admissible in probate court as proof of your case?
3 attorney answers
You do not need Probate Code sections 811 or 850 if there is a Court order for final distribution. All you need is to file a Motion for Contempt requesting that the Court hold the Executor in contempt of court for not make distribution according to the Court's order. And most Court's hate when their orders are ignored, so it is an easy argument to make. I agree with the first comment though, that you need to give the executor some time to perform before going into court, but after a few weeks, you should be good to go.
How long has it been since the court ordered final distribution? If it has been several months and there is no reasonable explanation, you can file a Petition to enforce the order on final distribution. Again, it depends upon how long it has been whether the court will side with you. Timeline - 6-8 weeks at least.
If you are citing specific statutes and needing evidentiary advice I would say it's time you met with a lawyer in person.
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