Appearance Required in Probate Notes

As an estate planning attorney and CPA with over 35 years of experience here in Escondido, I see this scenario far too often. It usually boils down to unresolved “Probate Notes” – essentially, questions or concerns raised by the probate examiner that haven’t been formally addressed with the court. These aren’t major objections, but seemingly small issues that create roadblocks, and often trigger these urgent hearings. And while the ‘emergency’ rules have evolved, California law now permanently allows for remote appearances in probate hearings, provided you give notice. However, the judge retains discretion to require specific personal appearances for evidentiary hearings or trials.

Why is the Court Requiring My Appearance?

The court doesn’t want to make you appear. These “appearances required” notices are almost always a signal that the probate examiner needs clarification on something. It could be a discrepancy in the inventory, a question about a debt, or something seemingly minor. The problem is, you can’t simply explain this to the judge during the hearing. The Probate Examiner has documented the issue, and the court needs a formal record of its resolution. Failing to address these notes can lead to delays, increased legal fees, and, as in Emily’s case, the threat of a costly and inconvenient court appearance.

What Are Probate Notes, Exactly?

Probate Notes are requests for information or clarification from the probate examiner. They are usually generated when the examiner is reviewing your initial petition and supporting documents. These notes might seem minor, but the Probate Examiner can’t proceed until they’re satisfied. These could involve anything from verifying the valuation of an asset to confirming the date of a beneficiary’s death. Ignoring these notes is the biggest mistake I see clients make. It’s not about the issue itself; it’s about failing to formally respond.

How Do I Clear These Probate Notes?

Most hearing delays are caused by uncleared ‘Probate Notes.’ You cannot simply explain the issue to the judge in court; you MUST file a verified ‘Supplement to Petition’ in writing at least 2-3 court days before the hearing to satisfy the Probate Examiner. This document answers the examiner’s questions, provides additional documentation if needed, and formally addresses the issue. It’s essentially a mini-petition that specifically targets the points raised in the Probate Notes. Be thorough, be clear, and ensure your answers are supported by evidence. Think of it as a proactive solution rather than a reactive defense.

What Evidence Should I Include with My Response?

Standard probate hearings are generally not ‘live witness’ events. An affidavit or verified petition is received as evidence. If you want to put a witness on the stand to testify, the judge will typically continue the matter to a set ‘Evidentiary Hearing’ or trial date. For clearing Probate Notes, attach relevant documentation – bank statements, appraisals, receipts, and any other evidence that supports your answers. Remember, the goal is to provide the examiner with everything they need to approve your petition without further delay. As a CPA, I can tell you that accurate valuation is critical here; a well-supported appraisal can prevent significant problems down the road, particularly when dealing with the step-up in basis and potential capital gains taxes.

What If I Already Have a Hearing Scheduled?

Even if you have a hearing scheduled before you can file the Supplement to Petition, it’s crucial to do so. The court is far more likely to continue the hearing to allow time for the examiner to review your response than to proceed without addressing the notes. You can also ask the court to consider your supplement at the hearing, but it’s far better to give the examiner time to review it beforehand.

Can I Object to the Court’s Request for My Appearance?

You do not need to file a lawyer-written brief to stop a petition at the first hearing. You can appear and object orally. The court must then pause and give you a continuance (usually 30 days) to file your written objection. However, objecting simply delays things. Addressing the underlying Probate Notes is always the more efficient and cost-effective solution. A well-prepared Supplement to Petition demonstrates your commitment to resolving the issue and is far more likely to lead to a positive outcome.

What About the Final Order?

The judge generally does not write the order for you. The prevailing party is responsible for preparing the ‘Proposed Order’ and lodging it with the court before the hearing. If the judge grants your petition but there is no Order in the file to sign, you leave with nothing. It sounds simple, but I’ve seen countless estates delayed because a proposed order wasn’t submitted. Ensure your Proposed Order accurately reflects the judge’s rulings and addresses all outstanding issues.

What If I Miss a Hearing?

If you missed a hearing because you weren’t told about it, the order may be void. The petitioner has a strict duty to mail the Notice of Hearing (Form DE-120) to all interested persons at least 15 days prior. A ‘Proof of Service’ missing from the file will stop the hearing immediately. Keep meticulous records of all notices sent and received, and always confirm that all interested parties have been properly informed.

How do enforcement rules in California probate court shape outcomes for heirs and fiduciaries?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

A stable probate administration outcome usually follows from clarity, consistency, and readiness for court review, especially when multiple stakeholders and competing interpretations are involved. When documentation supports enforcement and timelines are respected, families are less likely to face preventable escalation.

Verified Authority on California Probate Hearings

• Oral Objections (The “Stop” Button): California Probate Code § 1043
  This is the most important statute for beneficiaries. It grants an interested person the right to appear at the hearing and object orally to the petition. Once an oral objection is made, the court generally must continue the hearing to allow time for written objections to be filed.
• Remote Appearances (Zoom/CourtCall): California Code of Civil Procedure § 367.75
  Modern probate hearings are often hybrid. This code section governs the right to appear remotely. While convenient, note that the court can typically require a physical appearance for “evidentiary” hearings where witness credibility is being judged.
• Affidavits as Evidence: California Probate Code § 1022
  Unlike criminal court, probate hearings rely heavily on paper. A verified petition or an affidavit is admissible as evidence in an uncontested probate hearing. This is why “clearing your notes” in writing is more important than your oral argument.
• Notice of Hearing Requirements: California Probate Code § 1220
  The court’s jurisdiction depends on this. The petitioner must mail notice of the hearing at least 15 days in advance to all interested parties. If the “Proof of Service” is not filed or is defective, the judge cannot legally hold the hearing.
• Lodging the Proposed Order: California Rules of Court 3.1312
  A common rookie mistake is showing up without the paperwork. The “Proposed Order” (the document the judge signs) should generally be lodged with the court before the hearing. If the judge approves your petition but has nothing to sign, your Letters cannot be issued.
• Proving the Will (Witnesses): California Probate Code § 8220
  If a Will is contested, or if it is not “self-proving” (lacking a proper attestation clause), the court may require the testimony of a subscribing witness at the hearing to prove the Will is authentic.