Skandia, MI asked in Probate for California

Q: Can a final distribution petition be amended or withdrawn (temporarily) before the court hearing?

My siblings and I listed in the distribution petition that we would each receive a 25% interest in our father's home, the court hearing is 2 months away. We have since received an offer on the house and have been told we can not sell it until after the hearing since we are all to receive ownership (as opposed to the the proceeds from the sale). We want to withdraw the final distribution petition or amend it, but have been told it cannot be done. We are all in agreement to sell and agree on the price and terms.

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1 Lawyer Answer
Genene N. Dunn
PREMIUM
Genene N. Dunn
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: You should be able to amend your petition with a supplement. It depends what kind of authority the administrator has to answer the question on selling the property.

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