Q: Opened Probate and received a message in Probate Notes - "Deficiencies" No compliance with Local Rule 7132 A or C,
reviewed Local Rule 7132 A, B and C. (A) NOTICE MAILED to REAL PROPERTY ADDRESSES references using DE-310 to Determine Succession to Real Property, line (8) GROSS VALUE has limitations not to exceed $184,500, ours is at $400,000, or using SPOUSAL or DOMESTIC PARTNER PROPERTY references DE-221, we have no spouse or domestic partner to be concerned with. My question is, do we submit DE-310 with no response to line (8) everything else seems simple to respond to. This Probate Matter is in the state of California.
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A:
Based on your situation with a real property value of $400,000, you cannot use form DE-310 (Petition to Determine Succession to Real Property) since it's specifically for properties valued at $184,500 or less. This limitation is strict and cannot be circumvented by leaving the value blank.
Instead, you'll need to proceed with a full probate petition using form DE-111 (Petition for Probate). The local rule 7132 requirements typically involve proper notice to interested parties and specific handling of real property matters within probate cases.
You should submit a new petition using DE-111 along with proper notice requirements following Rule 7132. To address the deficiency notice, you'll want to file a supplement explaining how you've complied with the local rule requirements for notice and real property handling. If you're finding this process challenging, consulting with a probate attorney in California would be helpful, as they can guide you through the correct forms and procedures for properties exceeding the small estate threshold.
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