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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56565
Experience:  Licensed attorney helping individuals and businesses.
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Can a non-adversarial probate proceeding be dismissed for

Customer Question

Can a non-adversarial probate proceeding be dismissed for lack of prosecution
Submitted: 11 months ago.
Category: Estate Law
Expert:  Infolawyer replied 11 months ago.

Yes, if there is inaction, one may file a motion to do so.

One can also wait to see if court does on its own.

Practically, sometimes its best to leave it alone, if concern the motion may spark activity.

Customer: replied 11 months ago.
But what if the estate is not entirely probated? Does the probate attorney have to re-file? There is an ongoing lawsuit in which our executor is a plaintiff and may win more money to be distributed in thru the estate.
Expert:  Infolawyer replied 11 months ago.

It could be discontinued and later filed. Normally the court will want to see it to completion, and may call a conference to find out what is causing the delay and appoint someone to complete it if there are issues.

Expert:  Infolawyer replied 11 months ago.

Kindly rate me positively, thank you.

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