Complaint probate 2025

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The document is a verified complaint filed by John Smith, as Executor of the Estate of Jane Doe, in the Superior Court of New Jersey. It seeks to admit Jane Doe's will for probate and requests letters testamentary. The complaint outlines details regarding the decedent's death, her will, and the relationship of heirs. It also mentions a caveat filed by Jane Smith, a step-daughter of the decedent, against the probate of the will.

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Can you sue an estate after probate?

While you cannot take the deceased defendant to court, the California Probate Code 377.40 377.43 allows for filing a lawsuit against their estate.

What happens after probate closes?

Once probate is closed, assets can be divided between the beneficiaries. The personal representative can then apply to be relieved of their duties. At this point, theyre no longer personally responsible for the estate.

Can an executor be held personally liable?

If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for breach of fiduciary duty. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.

Can you sue after probate?

Yes, an executor can sue on behalf of the estate. California Probate Code 9820 empowers an executor to commence and maintain legal actions and proceedings for the benefit of the estate.

Do all beneficiaries have to agree to sue an executor?

If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.

What is a probate investigation?

The Probate Investigator will investigate whether the conservatorship is still necessary, whether the care and living situation of the conservatee are appropriate and inquire about the wishes of the conservatee related to the conservatorship.

Complaint probate 2025

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