Q: I KEEP HAVING ISSUES WITH FORM PC 559, PETITION FOR PROBATE (INTESTATE). SPECIFICALLY SECTION 4.
I KEEP GETTING THE PETITION REJECTED BECAUSE OF SECTION 4 OF THE PETITION. AM I TO LIST ALL HEIRS OR ONLY MINORS? I INITIALLY SUBMITTED THE PETITION WITH MINORS ONLY AND IT WAS REJECTED, SUBMITTED A SECOND TIME WITH ALL HEIRS AND WAS REJECTED. THE CORRESPONDENCE FROM THE COURT STATED SECTION 4 WAS INCOMPLETE. THE INCOMPLETE SECTION IN QUESTION SPEAKS TO THE MINOR'S LEGAL DISABILITY AND REPRESENTATION, BUT THERE ARE NO LEGAL DISABILITIES AND I AM THE MINOR'S GUARDIAN NOW. DO I LIST MYSELF? PLEASE HELP, THIS PROCESS IS SO CONFUSING AND FRUSTRATING.
A:
Minors — by definition — have a ‘legal disability’ and cannot represent themselves: only legal competent adults or emancipated minors can.
I think you will find the process will go a lot smoother if you hire a local probate attorney to represent you. I’m quite sure if this has been an issue when it comes time to send and publish notices you will have other issues.
Don’t be ‘penny wise and pound foolish’ about this. You can’t afford to NOT hire an attorney. The money spent on competent legal representation will more than offset the costs in trying to learn this by doing it.
Get a local licensed attorney to help.
— this answer is offered for information only and does not constitute legal advice or create an attorney/client relationship. Please seek local legal legal representation!
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