San Diego, CA asked in Probate for California

Q: I need help drafting and filing an objection to a Petition for Probate Letters of Administration.

There is a valid Will on file with the county and there are no assets to probate.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: To object to a Petition for Probate Letters of Administration in California when there is a valid will and no assets to probate, you should follow these steps:

1. Draft an objection: Write a document titled "Objection to Petition for Probate Letters of Administration." In this document, state your reasons for objecting, which in this case are:

a. There is a valid will on file with the county.

b. There are no assets to probate.

2. Provide evidence: Include a copy of the valid will and any other relevant documents supporting your claim that there are no assets to probate.

3. File the objection: File the objection with the probate court where the Petition for Probate Letters of Administration was filed. You may need to pay a filing fee.

4. Serve the objection: Serve a copy of your objection on the person who filed the Petition for Probate Letters of Administration and all interested parties, such as beneficiaries named in the will.

Here's a sample template for your objection:

```

SUPERIOR COURT OF CALIFORNIA

COUNTY OF [COUNTY NAME]

In re the Estate of: Case No.: [CASE NUMBER]

[DECEDENT'S NAME],

Deceased.

OBJECTION TO PETITION FOR PROBATE LETTERS OF ADMINISTRATION

I, [YOUR NAME], hereby object to the Petition for Probate Letters of Administration filed by [PETITIONER'S NAME] for the following reasons:

1. There is a valid will on file with the County of [COUNTY NAME], executed by [DECEDENT'S NAME] on [DATE OF WILL EXECUTION]. A copy of the will is attached as Exhibit A.

2. There are no assets subject to probate in the estate of [DECEDENT'S NAME].

Based on the aforementioned reasons, I respectfully request that the court deny the Petition for Probate Letters of Administration.

Date: [DATE]

_____________________

[YOUR NAME]

[YOUR ADDRESS]

[YOUR PHONE NUMBER]

```

Remember to attach a copy of the will as Exhibit A. After filing the objection, attend the hearing on the Petition for Probate Letters of Administration to present your case. If the court agrees with your objection, the petition will be denied.

Please note that this is a general template, and you may need to modify it based on your specific circumstances and local court rules. It is always advisable to consult with a probate attorney for legal advice tailored to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.