When publishing an Amended Petition for Probate in a newspaper, must the Will also be published with it?
Ventura, CA |
AMENDED PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY, PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED AND AUTHORIZATION TO ADMINISTER UNDER THE INDEPENDENT ADMINISTRATION OF ESTATES ACT.
If you have published your initial Notice of Death and Petition to Administer Estate (a Judicial Council approved Form), the fact that the petition may be amended does not invalidate your notice. If you must re-publish the Notice of Death and Petition to Administer the Estate, because of defects or errors in the original notice, then only the required Notice as set forth in the Judicial Council Form need be published. The Will is not required to be published at all. Please check with the local probate research attorney (employee of the courts) who assists the probate judge in your county, to be sure you have complied with the publication requirements. If the probate attorney is not available, consult a probate professional to be sure you have complied with probate requirements.
Diana J. Carloni, Esq.
Efficient, Effective, Excellent Representation
The foregoing answer identifies legal issues and matters of which the reader should be concerned in taking steps to resolve the problem. The reader is urged to seek legal advice from a competent lawyer versed in the subject matter for a full opinion. This answer does not create an attorney client relationship with the individual asking the question nor any other person reviewing and accepting the preliminary opinion expressed herein. It is not intended to be a comprehensive opinion on the issues and thus should not be solely relied upon when taking action.
In Ventura County we do not have a Probate attorney who is employed by the court and available for consult. You should work with a local probate attorney who knows the procedure. It is apparent that you did not get the first step correct and it gets much more complicated. There is a reason for the statutory fee, probate is complicated. Choosing to go it alone without a probate attorney is false economy.