Do you need to prepare a supplement to clear probate notes? At A People’s Choice, we can help you check the deficiencies noted by the probate examiner and prepare a supplement to clear probate notes before your scheduled probate hearing. A People’s Choice has been providing statewide non-attorney probate services since 1980 which means our staff has a wealth of information and experience clearing probate notes! We offer affordable non-attorney probate legal document preparation services for all California counties. Read on to learn more about what you need to do to clear probate notes in your probate case. Also, as you are learning about probate, be sure to check out our exciting new website ProbatebyME.com which is completely dedicated to probate and estate administration matters in California.
What is Probate?
Based on the size of the estate, when a person passes away, California law requires probate of his/her estate. Probate involves the court-supervised process of administering a deceased estate to his/her beneficiaries or heirs. The decedent may have appointed an Executor in his/her will to distribute his/her estate. If not, a family member may ask to be appointed as the estate’s administrator in the event the decedent passed away without a will.
Get Help to Prepare a Supplement to Clear Probate Notes!
What are Probate Notes?
Probate notes provide a brief overview of the matter on upcoming probate calendar. These notes highlight errors and deficiencies in the probate petition. In general, probate notes can also ask for any information the examiner feels the court needs before being able to approve the pending petition. Probate notes identify parties involved in the probate and will list deficiencies in the filed petition. The probate notes will also show whether a petition has been recommended for approval and point out procedural defects.
Do not be alarmed if you see your probate court has probate notes and deficiencies. By and large, it is quite common for a personal representative to have to prepare a supplement to clear probate notes. In this regard, the personal representative is responsible for fixing any errors or deficiencies noted so the judge can approve the petition at the hearing. Sometimes the probate notes appear to be written in a foreign language. Probate examiners often use a form of probate shorthand when they write probate notes. Contact A People’s Choice if you are not able to understand the notes. Keep in mind, the court will continue the hearing until a supplement is filed to fix all the errors and deficiencies.
What is a Probate Examiner?
A probate examiner is a person within the Superior Court who reviews all probate petitions before the judge hears the case. The examiner is responsible for making sure the probate petition is complete, meets all the legal requirements and complies with local rules and procedures. In this regard, the examiner will review the probate petition sometime before the scheduled hearing. Probate notes contain the examiner’s written findings in regards to the filed petition. The examiner will provide detailed notes outlining and describing in detail what other information the petitioner needs to submit to the court before the hearing.
In the best case scenario, the examiner will post the notes a week before the hearing, probate notes are usually available five days before the hearing in most courts, however sometimes notes are not available until the day before hearing. In this regard, parties often have to ask for a hearing continuance to allow them more time to respond to the notes.
How Do You Prepare a Supplement to Clear Probate Notes?
Unfortunately, you cannot prepare a supplement to clear probate notes using a judicial council form. To prepare a supplement to clear probate notes, it must meet strict guidelines, and identify each separate deficiency followed by the correction. Typically you would prepare a supplement to clear probate notes on numbered pleading paper. Sometimes if there is confusion about the probate notes, it may be necessary to contact the probate examiner directly. In this regard, you can go to the local court website to get the probate examiner’s contact information. Ideally, the local court’s website will publish the notes online. When probate notes are published on the court’s website, it makes it very convenient to get access to the notes. If you need help locating probate notes in an existing case, contact A People’s Choice. Avoid having your probate hearing further delayed. We can prepare the necessary supplement to clear probate notes and keep your case on track. Call us today at 800-747-2780.
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