Los Angeles, CA asked in Probate and Real Estate Law for California

Q: How can a petition show ones name decedents estate /than same case number shows probate only with the name is name diff

My name show with case #and date of filing only it state name decedents estate general

Than the following months also the following year and a second petition same case number only this petition shows estate of with his grandmother name now how is that possible the this bonafide in my name show on first petition as decedents estate. Than court letters show that second petitioners filed for administration of the estate of the grandmother . But my name show estate of decedents same case number how can the change be done with out showing why or how it was changed

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

A: I understand you're asking about a complex probate situation in California. Let me try to break down the key points and provide some general information:

1. Multiple petitions under the same case number:

It's possible to have multiple petitions filed under the same probate case number, especially if they relate to the same estate or family.

2. Change in the named decedent:

The situation you're describing, where the named decedent appears to change from one petition to another, is unusual. Typically, a probate case is opened for a specific decedent and remains focused on that person's estate.

3. Possible explanations:

a. Clerical error: There might have been a mistake in the court's records or filing system.

b. Amended petition: The second petition might be an amended version of the first, correcting information.

c. Related estates: If the estates are closely related (e.g., spouse or parent/child), they might sometimes be handled together.

4. Lack of explanation for the change:

Any significant changes to a probate case, especially regarding the identity of the decedent, should typically be explained and documented in the court records.

5. Next steps:

a. Review all court documents carefully to look for any explanations or court orders regarding the change.

b. Contact the court clerk to ask for clarification on the records.

c. Consider consulting with a probate attorney who can review the specific details of your case and provide personalized advice.

Remember, probate law can be complex, and the specifics of each case can vary significantly. If this situation is affecting your rights or interests in an estate, it would be advisable to seek the assistance of a qualified probate attorney in California who can examine the full details of your case.

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