Thank you so much for all of this useful information! You’re making these forms manageable for people without a law degree. Updated January 1,2020 there is a box under question 1 that reads - “The filing is a report of the status of a decedent’s estate administration made under probate code section 12200. See the Notice below. The notice reads: if the filing described in 1 is a report of the status of a decedent’s estate administration made under probate code section 12200, you have the right to petition for an accounting under section 10950 of the probate code. Could you please let us know the circumstance in which you check this box? Thank you!!!
That box would only be checked were the Executor of a probate estate is filing a status report. A status report is required where an Executor does not file to close the estate within 12 months of being issued Letters Testamentary (meaning the date they officially start acting as Executor). If you are not an Executor and you are not filing a status report, then you do not need to check the box. Hope this helps.
I believe there is additional special language under an 850 Petition such as remote hearing instructions you need to disclose under 1, and you should have also added ALL conformed copies returned by the Court with exception to a few docs.
Hi I know this is an old video but I hope you still get this. I was wondering what you file if you need to continue the case due to not being notified that there was a court date? I only know there was a hearing because I checked the public access online. thanks
Yes, we are still here! There is no pre-printed form for that. In some counties you can email the probate clerk by checking the probate notes online. You go to the probate department on the court website and look for probate notes. But if that does not work, then you would need to show up at the hearing and ask for a continuance. Most courts now let you appear via Zoom if you can't be there in person.
I was concerned about this as well. That's exactly what Line 1 of the form is saying. I'm surprised he didn't acknowledge that. Nolo's, "How to Probate an Estate in California" states explicitly, on page 228, "The petitioner cannot mail the notice. Another adult who does not have interest in the estate can sign and mail the form."
You are right. I am surprised he did not point that out. You cannot be the party and the server. Simply put your wife or a friend's name their and their signature, but only on the Proof of Service.
I have a question, please... It seems to be like when filing this form back with the court I need to submit both pages to show the notice and when it was served and to whom, however, my question is if I also need to send the people I'm serving the notice to both pages or if I only need to send page 1 to them... I'd appreciate your prompt response. Thank you.
Typically you would send both pages to the people to whom you are serving notice. You would fill out the form, fill out the proof of service on page two, sign it, and then mail the two-page form on the same day as it is signed. You then file the form with the court. Also note, if you are a party to the lawsuit, you can't be the one to sign the proof of service.
Well, we wouldn't call them penalties, but there can be consequences. It depends on if there were any damages that resulted from the failure. You should seek a consultation with a lawyer to answer your specific question.
Hello, my brother & I are at the stage where we need to request a second hearing for final distribution and waiver of accounting. Would this form work and what if I don't have a hearing date can I send it in and the court provide the date, time, dept & room number?
is this form still necessary in a spousal property petition case where the decedent has no siblings, children, or living parents? the spouse is the only person mentioned in the will as well and is executor.
Maybe not, but some courts will still want to see the form filed because they will think notice was not given otherwise. Technically, a petitioner does not have to give notice to themselves, but it never hurts to provide notice to give the court comfort. Every court is different in this regard.
WHAT IF YOUR PARENT DIED INTESTATE AND THEY HAVE NO SPOUSE BUT YOU ARE AN ONLY CHILD..NO SIBLINGS OR HEIRS AT LAW , dO I HAVE TO NOTICE MYSELF OR MY CHILDREN
In most cases, yes. DE-120 is a general purpose notice form it works for just about anything, except a petition for probate. Of course, you should always consult with a lawyer to answer your specific question.
I recently lost my husband to cancer (3 weeks ago) he has a will where I am Exec,spouse and only beneficiary (all family has passed on and no children ) is there a simplified way for me to proceed with my husbands estate?
Sorry to hear about that. You can use a Spousal Property Petition. We have a video on this form on our website. Here is a link: www.aldavlaw.com/forms/. You want Form DE-221.
@@AlDavLaw thank you so much--this will make things so much easier in me,I appreciate your videos they have been really really helpful.I am going to file it on Monday--thank you again
