Legal Question in Wills and Trusts in California
I'm filing a Motion "In Pro Per" with a California Probate Court as a "Beneficiary" of a relative's Estate, to clean up a matter that wasn't resolved before the matter of the estate was closed, and there are other parties that have stated no need to receive notice of my action, as it won't really involve an actual "Hearing" requiring anyone's presence in Court.
My question is, even though I was NOT appointed an "Administrator" of the estate and am simply a Representative of the Estate, MUST I have the other parties fill-out and sign-off on official DE-166 "Waiver Of Notice" forms to submit along with my Motion, or just have them sign-off on one that I create myself as "Beneficiary"?
I just want to ensure that this doesn't create a "Legal-Hiccup" , and delays the processing of my Motion-Thanks.
1 Answer from Attorneys
A waiver of notice of proposed action (Form DE 166) is probably not the appropriate form to use unless you are the court appointed personal representative, the estate is still open and you are taking a proposed action that requires a notice.
Any filing with the probate court that is set for hearing requires notice to all parties unless the court orders that notice is not required or the people entitled to notice waive notice in writing.
Based on the information you provided, you would be well served by talking with an attorney. The probate court has very specific procedures that must be followed or your matter will be dropped or continued.
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