Legal Question in Wills and Trusts in California

Intestate probate initiated -- holographic will discovered

Intestate probate proceedings initiated and letters issued, siblings are heirs at law. Now a holographic will has been discovered leaving the entire estate to one sibling. How to proceed? The will is valid. Do we revoke current probate? File new probate proceeding?


Asked on 10/19/04, 2:43 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Intestate probate initiated -- holographic will discovered

This is a very interesting question, no wonder noone has answered it.

I would think your first course of action would be to inform the Judge and see how he or she would like to handle it. My guess, and this is a guess since this is a surprisingly unique situation, is that they will incorporate into the current Probate (using another number would be a waste of the Court's time) but they will probably have to reissue letters and start again.

However, your best bet would be to ask the Judge how they would like it to be handled.

Good luck to you. If I can be of further assistance, please feel free to contact me through my firm's site www.No-Probate.com or directly at my office at 626-578-0708.

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Answered on 10/19/04, 8:06 pm


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