In re Estate of Mills

Howard H. Mills (the Decedent) died, survived by three sons - Howard W. (Howard), John, and David. On August 21, 2014, Howard petitioned for formal probate of Decedent’s will and appointment of a personal representative. The district court informed the parties that any objections may be filed within fourteen days, by October 6, 2014. Neither John nor David filed an objection by the district court’s deadline. On October 15, 2014, Howard moved the district court for entry of default against John and David for failure to object to the petition. Before an actual default was entered, John and David each filed motions to set aside the default. After a hearing at which neither John nor David was present, the district court issued an order denying John and David’s requests to set aside the defaults. The district court subsequently appointed Howard as personal representative and admitted the will to formal probate. The Supreme Court reversed, holding that the district court abused its discretion by determining that David failed to establish good cause for not filing timely and potentially meritorious objections to the initiation of the formal probate proceedings. View "In re Estate of Mills" on Justia Law