Legal Question in Wills and Trusts in California

how can a beneficiary end a lengthy probate case

Can a beneficiary contact the probate court to force the executrix (my sister) and the estate lawyer to end my father's probate in a timely manner? My father's probate case is now in the 24th month.

Thanks for assisting me in this matter.


Asked on 11/11/03, 1:04 pm

5 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: how can a beneficiary end a lengthy probate case

The contact with the court has to be done either through an appearance at a scheduled hearing or by filing a petition to remove the executrix. It appears that you may have a basis to remove the executrix for delay in closing the estate. Contact a probate attorney to help you with the petition.

Good luck.

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Answered on 11/11/03, 1:08 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: how can a beneficiary end a lengthy probate case

You will need to file a petition with the probate court. The basis of the petition will depend on all the facts in the matter.

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Answered on 11/11/03, 1:11 pm
Michael Olden Law Offices of Michael A. Olden

Re: how can a beneficiary end a lengthy probate case

It sounds like you're the beneficiary the once in the probate. Absolutely. Unless there are good reasons, reasonable "excuses" the Corps wants to get rid of that case as much as you do. You, as a beneficiary of a vested interest because you're going to inherit something. The court went to get the case off its calendar. Go see a probate attorney immediately. Explain the situation and bring copy of all the paperwork you have. He/she may have to go and look at the file the courthouse but after he/she reviews the file you better understand what the state of the probate is in, what needs yet to be done if anything and he can then petitioned the court in your behalf. Petitioning the court may be the last resort. Hopefully the attorney will know the other attorney involved and find out, what's holding everything up and pushed them to conclude the probate. I've been doing the state plan/probate work in the San Francisco Bay area for over 30 years if I could be of assistance please contact me at 925 -- 945 -- 6000.

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Answered on 11/11/03, 1:32 pm
John D. Williams Law Offices of John D. Williams

Re: how can a beneficiary end a lengthy probate case

Yes. You need to file a petition with the probate court.

If would like a free initial consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664. I have over 20 years experience in these matters.

Good luck and thank you for your inquiry.

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Answered on 11/11/03, 3:59 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: how can a beneficiary end a lengthy probate case

Sometimes the court will do it on its own motion, but more likely you'll have to file a petition to force closure. This may be a petition to remove executor and replace her with someone else--see an attorney to review the case and give you some options.

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Answered on 11/11/03, 4:49 pm


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