Los Angeles, CA asked in Probate for California

Q: I’m executor of an estate. Step bro. Opened probate without awill. Won’t relesase possessions. What do I do?

How do I join the two probates or make them release posessions?

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1 Lawyer Answer
Thomas E. Rossmeissl
Thomas E. Rossmeissl
  • Probate Lawyer
  • Los Gatos, CA
  • Licensed in California

A: There should be only one probate of the estate. If two have been opened, one will have to be closed. Usually, the first to file should continue, assuming that it was filed in the correct jurisdiction, and if there is a battle over which of the two of you should proceed to administer the estate, that battle should be decided by the court. You should consult with an experienced probate attorney near you for guidance. This is not something you will want to try and accomplish on your own.

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