Q: what is the form to file to expedite a special hearing in a Probate? The original hearing is set for Jan. 2018
I have been acting in Pro Per to my mother's small estate my mother died intestate on 6/10/16. I've been making payment to the lender to establish dialogue until the probate close. I do have a brother who is contesting my appointment as Executor of her estate. The lender is corresponding with to get something from the court give me temporary permission to handle the payments of the property to prevent a sale. The lender has accepted my loan modification package but is on hold until I go to court before 1/2018
A:
Los Angeles:
I think you are looking to be appointed as special administrator. A special administrator has limited powers pending the appointment of the general administrator or executor. These are heard on an ex parte basis, which mean the court will consider the matter on limited notice. The court will grant only powers that are immediately necessary. (For example, if the estate contained a rental property, the court would grant the power to receive rents and deal with tenant issues.)
Courts are hesitant to appoint special administrators, and the fact your brother is contesting you appointment as executor (administrator and executor can be used interchangeably for this response) the court may be extra cautious and require a third party (private fiduciary) to serve in that capacity.
I would not recommend that you proceed pro per, particularly in light of a contest. You should discuss this, and consider retaining, an experienced attorney who may be able to streamline the process. This will also help with the fact that the estate is "stale" in that it appears you just started probate and the decedent died over a year ago.
What most people do not realize is that an attorney representing the personal representative (executor or administrator) is not paid until the court authorizes and approves their fee. Although, most probate attorneys do require the client pay for costs (like filing fees) as they are incurred, the deferred attorney fee means that the initial out-of-pocket for the administrator significantly less than the cost of retaining an attorney in a general civil matter.
If you do not know where to find an attorney, you may try your local county bar association. Most provide an attorney referral service which matches you to a per-screened attorney in your area of need. The attorney then provides a consultation for a nominal or no fee.
Good luck.
Gerald Barry Dorfman agrees with this answer
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