QUESTION
If I don't file the written objection form, do I still have to pay $435 if I object in person in court?
Asked on Oct 05th, 2016 on Estate Planning - California
More details to this question:
I was mailed a right to administration form under the Independent Administrator Request statute (brother died without a will). My other brother filed with an attorney to be the administrator (only of the assets -House- that was acquired before marriage), but the deceased is still survived by a spouse. I want to contest because he is not allowing the widow enough time to process.
2 ANSWERS
I assume the $435 is the filing fee. If you do not pay it, you can not appear in court to argue the matter. That does not mean the judge will automatically appoint your brother as executor/administrator of the estate. But is this really your battle?
Answered on Oct 27th, 2016 at 7:51 PM
Edwin K. Niles
No, but the Judge may not be happy that no written objection was filed. I would advise the widow to appear also.
Answered on Oct 27th, 2016 at 7:51 PM