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Probate Division - Major Litigation (LIT)

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• General Information
• Forms
• Publications

General Information

Complaints filed in the Probate Division since January 1, 2009 are filed in the Major Litigation (LIT) case type. All complaints are considered to arise out of an underlying Probate case, such as a Decedent’s Estate (ADM or SEB), an Intervention Proceeding (INT or IDD), or a Foreign Estate (FEP). If there is an existing underlying case on record, then the LIT case is linked to the underlying case and the judge assigned to the underlying case will be assigned to the LIT case. If there is no underlying case on record, a new underlying case will be created, and the LIT case will be linked to it.

The Superior Court, Civil Division Rules apply in the Probate Division when a LIT case is opened. The Probate Clerk’s Office will issue (1) a summons and (2) Initial Order & Notice of Proposed Schedule of Events (“Initial Order”) to the plaintiff for service on each defendant named in the complaint. When the complaint is prepared, the name and address of each plaintiff and each defendant must be listed in the complaint, and each summons must contain the name and address of the defendant to whom it is addressed in the caption of the summons. The complaint, summons and Initial Order must be served on the defendant and proof of that service must be filed within 60 days from the filing date of the complaint. The defendant must file an answer to the complaint within 20 days of service.

The Probate Division issues notices of dismissal (when proof of service of the complaint is not filed) and notices of entry of default (when the defendant’s answer to the complaint is not filed). If additional time is needed to serve the complaint or to file an answer to the complaint, file a motion for an extension of time.

All parties are expected to appear at the Scheduling Conference, which is set by the Initial Order 90 to 120 days from filing of the complaint. Each party receives a copy of the Initial Order and should review it carefully. The Initial Order outlines various due dates, such as the due date to file proof of service of the complaint, the last day for making discovery requests, and the deadline for filing witness lists, and includes the date of the scheduling conference. You will not receive any further notices from the court prior to the scheduling conference so be sure to place these important dates on your calendar.

The cost for filing a complaint in the Probate Division is $120.00. If paying by check, make the check payable to the Register of Wills.

Forms

Major Litigation Forms (LIT)

	Title
87KB	Affidavit in Compliance with the Service Members Civil Relief Act (2003)
60KB	Affidavit of Service by Mail
92KB	Affidavit of Service by Process Server
72KB	Answer of Defendant
504KB	Bill of Costs
61KB	Certificate Regarding Discovery
173KB	Motion to Proceed In Forma Pauperis with Affidavit and Order
	Notice and Acknowledgement of Receipt of Summons, Complaint & Initial Order (not yet updated)
104KB	Notice of Appeal
99KB	Pro Se Motion with Order
91KB	Settlement Agreement Praecipe
	Subpoena (not yet updated)
	Summons (not yet updated)
83KB	Verified Complaint

Publications

Probate Practice Standards

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