Castle Rock, WA asked in Probate for California

Q: How can I file with probate 6541

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2 Lawyer Answers
Howard E. Kane
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Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Per Probate Code section 6541, the court may grant or modify a family allowance on petition of any interested person. This can be done ex parte or via a regularly noticed petition, depending on whether or not an Inventory and Appraisal has been filed. In short, like most requests to the probate court, a petition must be filed to obtain the relief sought. I hope this explanation helps. Good luck with this.

James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you're looking to initiate a probate proceeding, you would start by filing a Petition for Probate with the Superior Court in the county where the deceased person lived. Ensure you have all necessary supporting documents, such as the will (if there is one) and death certificate. There's a filing fee, which varies by county. Once filed, you'll need to provide notice to interested parties and publish a notice in a local newspaper. Attend any required court hearings and follow the court's instructions throughout the process. If you're unsure about a specific form or procedure, consulting the local court's self-help resources or seeking legal guidance can be beneficial. Always ensure you're using the correct and current forms for your specific situation.

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