You need to do two important things after you have reviewed the Probate Notes for your petition in the probate division of the Los Angeles County Superior Court (LASC) in California. That’s the only court division there that handles cases involving probate estates of decedents, conservatorships of incapacitated adults, and trusts subject to court supervision or legal dispute. It also handles all guardianships of minors in need of someone to manage their affairs and all minor’s compromise cases.
You obtained and reviewed the Probate Notes for the petition that you filed with the probate division. Now what do you do?
“Clear the Probate Notes” by Filing a Supplement to Your Petition Prior to Your Probate Court Hearing
You need to “clear the Probate Notes” by addressing each of the Matters to Clear in them. So it’s critical that you review the Probate Notes prior to your court hearing.
Normally you would clear the Probate Notes by filing with the court a pleading called a supplement to your petition. Through the supplement you would explain to the court that you satisfied all legal requirements. You also would answer any questions that came to the mind of the Probate Attorney.
You must file your supplement by at least three “court days” prior to the date of your court hearing. This is according to current probate division practices. The Probate Division Rules of the Los Angeles Superior Court Local Court Rules indicate otherwise. They indicate that you must file by 3:30 p.m. of the second court day prior to the date of your court hearing. That, however, is not the current practice of the probate division.
“Court days” are the days that the court is open. Check the court’s calendar if in doubt about whether the court is open on certain holidays. The court updates its holiday calendar annually. The court is not open on Saturdays or Sundays.
There may be a legal requirement that you didn’t satisfy and can’t satisfy prior to the court hearing.
For example, you may not have given proper notice of the court hearing. You need to give notice 15 or 30 days prior to the court hearing (depending on the type of case). The Probate Notes normally are not available until two weeks or less prior to the court hearing. Thus, when the Probate Notes inform you that you didn’t give proper notice it’s too late to correct it.
For more information about Probate Notes, see section 4.4 of the Probate Division Rules of the Los Angeles Superior Court Local Court Rules.
Continuance of Probate Court Hearing
If you haven’t cleared the Probate Notes, then the judge can’t consider approving your petition during the court hearing. You probably won’t even have the opportunity to speak to the judge.
Instead the probate court normally will “continue” (or postpone) your court hearing to a later date. It normally does this to provide you with additional time to clear the Probate Notes.
If after two or three continuances you haven’t cleared the Probate Notes, the court may deny or dismiss your petition. Normally, the court would deny your petition “without prejudice”. That means that you may re-file your petition with the court and start over if you want.
Correct any Errors by Filing a Supplement to Your Petition Prior to Your Probate Court Hearing
Another reason for reviewing the Probate Notes carefully is to ensure that they don’t contain any errors.
In addition to the “Matters to Clear”, the Probate Notes contain information about your probate division case and your petition. The Probate Notes summarize what you stated in your petition and what you are asking the court to do.
The “Relief” section of the Probate Notes summarizes what you are asking the court to do. The Probate Attorney transfers that language from your petition to the Probate Notes.
It’s critical to ensure that the Probate Notes are accurate. During the court hearing of your petition, the judge will make specific orders. Those orders likely will be based on the information in the Probate Notes. In other words, the judge will be reading from the Probate Notes. Accordingly, if the Probate Notes are incorrect, then the court’s orders may be incorrect and not helpful to you.
Get Help from an Experienced Los Angeles County Probate Attorney
Filing a supplement to clear the Probate Notes and to correct the Probate Notes are very challenging to the unexperienced. If you don’t do it correctly, then the court may not provide you with what you need.
Hiring an attorney with experience in the Los Angeles County probate court can help avoid all of this. In addition, the advice and guidance of an attorney experienced with probate court cases is invaluable for attaining your goals in cases involving probate estates of decedents, conservatorships of incapacitated adults, trusts subject to court supervision or legal dispute, guardianships of minors in need of someone to manage their affairs, and minor’s compromises.
At Meinzer Law Firm, P.C., we have over 20 years of experience helping clients achieve their goals in these types of cases in the Los Angeles County probate court. Contact Meinzer Law Firm, P.C., in Torrance to assist you with your Los Angeles County probate court case.
