Probate courts are often feared as a place that no person or family wants to be entangled in. Thoughts of a most unpleasant situation lasting for years filled with legal procedures and mountains of fees and costs are common. The probate court is not a place anyone would typically elect to go. With this said, the probate court can take even longer for those who are not familiar with the process. This is especially true with regards to probate note deficiencies.
Inside of California probate courts, there are employees of the court known as “Probate Examiners”. Many times they are attorneys, employed by the court to review filings and documents submitted on cases. When petitions are filed and hearings set up, the examiners spring into action and are tasked with reviewing these documents to ensure that all requirements of the probate procedure has been met. This would include being sure that all documents are correct and complete, that all attachments are included as well as proper notification to all parties has been given.
After review of the case file, the probate examiner will make an overview of the case known as probate notes. These notes are published online, as well as placed in the case file. The probate notes will include a few key elements. The notes will summarize the parties on the case, the requests made as well as a checklist that all procedures have been met.
These probate notes are intended for a few different people to use. They are with the case file so that the assigned Judge has a quick summary of the case before the hearing. The Judge can easily see if the case is ready to move forward to the next phase. These notes are also intended for the petitioner, or their attorney, to make sure all elements have been addressed prior to entering into the court room. The court wants all issues to be addressed prior so that the case can smoothly move to the next phase.
So what happens when there is a problem with the probate filing? If the probate examiner finds any issues, they will be noted on the probate notes, in their own section, known as “Deficiencies”. This is basically a list of items that are in-complete or in error, and need to be addressed or corrected before the hearing. The deficiencies often refer to an error in the handling of a petition that does not meet legal requirements or local court rules. Perhaps a document was prepared incorrectly, a procedure was overlooked, or a document still needs to be filed. A few examples of a deficiency are, “No notice of hearing filed”, “Notice filed mailed less than 30 days prior to hearing” or “No accounting filed”.
Deficiencies must be cleared or corrected before a court order is signed by the judge and filed with the court. In some cases, if there are no deficiencies, the petition will be approved without a court appearance necessary. To avoid any delays, it’s important to review the probate notes far enough in advance to allow time to make the correction and have it in the file prior to the hearing.
The court, and the probate examiner will not send out notice of deficiencies, so if these probates notes are not checked and cleared (fixed), it will likely result in a continuance at the court hearing, until these problems are resolved.
If you have checked your probate notes and have deficiencies you can’t resolve, we are happy to help. Call our team here, and we can give you a no obligation quote to clear your probate note deficiencies.
Get in Touch
