Q: What should I expect in a probate hearing?
I am the person named in my mother's will as her personal representative. I have spent the last several months sorting through her affairs, making repairs to her house, distributing inheritances and insurance policy claims, paying for and arranging the burial, dropping off the will at the court, etc....There are no probate assets and I was going to file a petition for Summary Administration. I have been keeping the other beneficiary updated on things. Out of the blue, I was served with a formal notice of FORMAL Administration from the other beneficiary, who names her attorney as the PR instead of me. I was shocked by this and don't understand why or what this even means since there had been no problems and no dispute from what I know - other than the other beneficiary's wanting things to move faster than is possible since there is so much work here that I have been doing all day every day myself. There is a hearing with the judge and I don't know what to expect. Very confused about it.
A: You need to retain an attorney and file a counter petition for administration and your oath, or the judge is most likely going to appoint the person who has petitioned.
A: The answer to your question is most likely court and dispute specific. Contact the attorney who is probating your mother’s will for you. They may have already spoken with the lawyer representing the other beneficiary. Your attorney should have a clearer understanding of what the dispute is.
A: I highly recommend that you engage legal counsel before the proceeding. They may advise you best how to proceed based upon your specific circumstances, especially if there are no assets in the probate estate.
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