after my Mom passed away(she was under conservatorship with the Solano Public Gardian.) a final accounting was made in the courts and it states,"that the remaining assets of the estate would be distributed to the personal representative of the estate of the conservatee.
When I called the solano county counsel the said no one was appoiinted "personal representative" as of yet and I or my sibling could file to be the representative.
Question: what form is need ? and if we do nothing will one be appointed to distribute this "inheratance" to her hildren(me and brother)?
Answer
Sorry for your loss.
There are several documents that need to be completed and filed with the court with the main one being a Petition for Probate. Steps have to be followed such as publishing notice, giving notice, etc. before the hearing where hopefully someone is appointed.
If neither you or your brother filed to be appointed, the public guardian could ultimately do it.
Any costs associated with the probate is paid from the probate estate, so it is a good idea to hire and attorney to help you do it right and quickly. My office handles probates in Solano if you would like to discuss it with us.
Answer
I strongly agree with the reccomendation to engage capable counsel to assist you in opening a probate proceeding. It is compley and time consuming, and you really benefit from assistance by probate counsel. Telephone Jennifer and provide her enough specifics so that she can guide you through the process. It will be time and money well spent.
Answer
There is no specific form for this purpose. The process involves a mix of forms and petitions, some of which are on pleading paper.
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