This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000297
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Not all estates need to go through formal probate. Depending on how the property is owned, and the type and amount of property, you may not need to go to court or you may be able to use a simpler court process.
The good news is that Probate Code 850 offers litigants the ability to resolve property disputes related to a decedent's estate or trust, or a guardianship or conservatorship estate in the probate court. One of the most frequently used 850 petitions is a Heggstad petition.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
California probate law permits the removal of an estate executor if justified reasons are presented. This process involves submitting a formal Petition to Remove Administrator of Estate to the probate court, detailing the grounds for removal and possibly proposing a successor.
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.
A petition to remove an executor, or an application to remove an executor, is a legal motion filed with a probate court on behalf of an interested party to a will or estate. A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity.
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate.
Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.
To receive your letters of administration, you'll first file an application to be estate administrator with your local probate court. You'll then attend a court hearing, where a judge will evaluate your application, verify that you're able to serve as administrator, and either approve or deny your request.
Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient.