Q: Filed a Petition to Probate but recently learned there are no probate assets. Need to withdraw petition.
I filed summary administration and homestead exemption. One of the witnesses to the will checked both boxes - one for personally knows the decedent and one for presenting license. The judge threw it out. As it turns out, there is not enough money in the estate to need probate. I was told by the JA that I needed to file the correct motion and order, but she wouldn't tell me WHICH motion or oder.
A: Of course she isn't going to tell you. That would be giving you legal advice, and she cannot do that under any circumstances. You'll need to consult with a lawyer.
Bruce Alexander Minnick agrees with this answer
A: It looks like it was the notary, not a witness who checked both boxes. If I were the judge I would not have "thrown out" the will under those circumstances (the notary knew the decedent AND saw an ID; that makes sense to me). But in any event, if the petition was dismissed and "there is not enough money in the estate to need probate", it appears that there is nothing more which needs to be done by you.
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