What Happens If the Probate Examiner Finds Deficiencies?

Deficiencies are not fatal, but they must be fixed. When the examiner flags problems in your file, the petition will not be granted until those items are cured. Many issues can be resolved by filing a supplemental declaration or corrected document before the hearing, and the matter then proceeds as scheduled.

If an item cannot be cured in time, the hearing is usually continued to a later date to give you the chance to fix it, rather than the petition being denied outright. Repeated or serious deficiencies cause delay, which is one more reason to have an experienced probate attorney prepare the filings. Clearing examiner notes promptly is the difference between a case that moves and one that stalls for months.