Probate Notes

If you are handling any kind of probate proceeding, on your own or with a lawyer, you will inevitably be confronted with Probate Notes, from the Court’s probate examiners.

The process of examining probate petitions and trust petitions through court probate examiners is common common throughout all probate courts in Southern California. Each Court may have a different approach to the timing and delivery of their probate examiners’ notes, but they all will issue them.

Probate Examiners are experienced employees of the court, usually lawyers, who diligently examine and effectively audit most petitions and filings that come before the court. Probate cases are very technical, and there are many statutory rules, and even local rules, that govern the procedures of how to get any matter through the courts. The Court itself needs and utilizes examiners to make sure everything is done correctly.

So, what exactly are Probate Examiner’s Notes?

For an excellent summary example, more specifically, of what Probate Notes actually consist of, here is an excerpt of the RIVERSIDE, COUNTY SUPERIOR COURT description regarding them, providing in relevant part:

“Probate notes provide a brief summary of your matter along with any errors and/or deficiencies regarding the paperwork you filed for an upcoming hearing. Probate notes also provide questions, statements, and suggestions primarily directed to the Judge to assist him/her during the review of your matter. The notes include the names of the parties, case number, type of hearing, and name of examiner.

The Court’s Probate Examiner reviews your case and prepares the probate notes. The
notes are available approximately 10 days prior to your scheduled hearing (Local Rule 7106)and are available for viewing online….

…After reading the Probate Notes, it is your responsibility to correct the errors/deficiencies to the best of your ability. If you do not make the corrections, your matter may be continued
until all corrections are made. Please note, Local Rule 7109 provides that any matter
continued two (2) times may be ordered off calendar or denied.

As provided by Local Rule 7101 any corrections/supplements made, must be
submitted to the court (4) court days prior to the scheduled hearing….”

As you can, there are responsibilities associated with making sure all of the errors, defects or criticisms embodied in the examiners’ notes, as to any petition and whether with respect to notice or other critical issues, are addressed and cleared, if the petition is to move forward. This can be a daunting task for the uninitiated, as even experienced lawyers are likely going to get their fair share of notes, quite routinely.

If you need assistance with PROBATE or any trust or probate petition, Bochnewich Law Offices, APC can help. Our firm serves clients in probate courts throughout Southern California. Please give us a call.

[This post is intended to be informatioal and helpful, is advertorial, and is not intended to constitute legal advice. Thank you.]