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To file a caveat, the person signs a document and files it with the Clerk of the Court, Probate Division, along with a filing feecurrently about $41.00. If you have concerns about a disputed estate or probate, you should consult an experienced probate attorney who can advise and assist you in filing a caveat.
Although a caveat is only effective for 6 months it can be renewed indefinitely, so it is a very effective means of preventing an estate being administered.
To be legally effective, a caveat must be filed with the surrogate in the county in which the decedent was domiciled within 10 days after the decedents death. However, a caveat can be filed at any time after death but prior to the filing of the Will proposed for probate.
A caveat is a formal notice to a judicial officer requesting the officer to suspend a specific action until the party has received an opportunity to be heard on the matter. Caveats are typically filed in probate proceedings by a party seeking to challenge the validity of a will.
Key Takeaways. A caveat is a notice, warning, or word of caution provided to an individual or entity before they take action. By including a caveat as part of an agreement, one party warns the other of the possibility of a dangerous or undesirable circumstance if they proceed any further.
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A caveat is most commonly used in probate where there is concern about the validity of the deceased persons will. The caveat will stop someone from obtaining a grant and administering the estate while those concerns are being investigated.
(b) The caveat shall be filed in the decedents estate file. The clerk of superior court shall give notice of the filing by making an entry upon the page of the will book where the will is recorded, evidencing that the caveat has been filed and giving the date of such filing.
The Caveat is a request for the Register of Wills not to probate the Will until the person who files the Caveat is given a hearing before the Register. The Register may accept an informal Caveat if local practice permits it. A formal Caveat is a legal document with allegations, facts, and a request for relief.
If you have responded to a formal warning by entering an appearance, you cannot withdraw your caveat. It can only be removed by order of a District Probate Registrar, High Court Judge or District Judge.
How to enter a caveat. You must be 18 or over. You can do it yourself, or use a solicitor or another person licensed to provide probate services.

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