Legal Question in Wills and Trusts in California

can I see an example of the form that needs to be filed to start probate?


Asked on 7/14/11, 1:45 pm

3 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

http://www.courts.ca.gov/forms.htm?filter=DE

http://www.courts.ca.gov/documents/de111.pdf

It is called Petition for Probate.

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Answered on 7/14/11, 1:58 pm

You can buy a pack of forms at the probate Court for a few bucks but the forms are only part of the issue. There is a tremendous amount of knowledge needed to successfully navigate probate along with a few forms which are not sold to you by the Court. Call me to discuss your case. -John

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Answered on 7/14/11, 2:01 pm

Don't let Mr. Palley scare you. For an estate that is small enough not to have significant tax issues, and does not have conflicting claims, an educated person of reasonable intelligence can handle a probate. Nolo Press has an excellent book on how to probate an estate in California. Pick up a copy, look through it, and if you feel comfortable go ahead and do it yourself. My one caveat is that whether or not to do legal work yourself is a lot like the end of a day of skiing. If you have to ask yourself whether you have enough in you to take that one last run on the slopes, there's a good chance you are too tired and may hurt yourself. Likewise, if you have any doubts you can handle the legal work yourself after informing yourself of what is involved, it's pretty much guaranteed that you should consult an attorney.

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Answered on 7/14/11, 3:00 pm


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