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Does Probate Always Go Before a Judge?

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LindaHill

Guest
If we have received a letter from an attorney stating that he was commencing the necessary proceedings in Probate Court, if we do nothing, will it go before a Judge? Although we have no legal claim and refuse to become involved in a legal wrangle over something that had already been agreed upon by everyone before the death, we would like to write to the Judge and ask for personal property that the other party has but to which they are not entitled. Things that the deceased had before the marriage, particularly things that our parent made. Would it be possible to do that? Thank you for any advice. This is taking place in California, if you need to know that.
 


ALawyer

Senior Member
Probate Court is the place all these issues are resolved. In California it is the Superior Court's Probate Division in the county where the deceased lived.

If you have an interest, you should follow the correct procedures to get it heard. A letter to the Judge does not cut it. And like it or not, you are in a wrangle UNLESS you can work it out with the people involved.

If you want something someone else does not want to give you, only the court can order that you get it. It's up to you to prove "everyone agreed".

 

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