Can I appear by Zoom for my probate hearing

Can I Appear Remotely for My Probate Hearing?

The question of remote appearances is incredibly common, and understandably so. The pandemic forced a rapid shift in court procedures, and many clients are understandably confused about what’s still allowed. The good news is that California probate law now largely accommodates Zoom appearances, but it’s not a simple ‘yes’ or ‘no’ answer.

What Does California Law Say About Zoom Hearings?

California law, specifically Code of Civil Procedure § 367.75, permanently authorizes remote appearances in probate hearings, with certain caveats. 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. Crucially, the court can require you to appear in person if your case involves credibility disputes or complex evidence.

What if the Judge Doesn’t Want Me on Zoom?

The judge’s discretion is paramount. You must proactively request permission to appear remotely in your petition or a noticed motion. A simple email to the clerk isn’t sufficient; the request must be formally filed with the court. Be prepared to explain the reason for your request (e.g., illness, distance, cost). Furthermore, even if granted, the judge can revoke permission if they deem an in-person appearance essential. Failing to obtain pre-approval can lead to the hearing proceeding in your absence.

What About “Clearing the Notes” and Ensuring Jurisdiction?

Even if you’re attending via Zoom, remember that probate court is heavily document-driven. I always advise clients to “clear the notes” – that is, address any objections or concerns the court or opposing counsel might have in writing before the hearing. This means filing replies to any objections, submitting supporting declarations, and ensuring all required paperwork is properly served and filed. Additionally, confirming proper notice is crucial. The court’s jurisdiction hinges on the petitioner complying with California Probate Code § 1220 regarding service of the notice of hearing. A technical defect in the notice can invalidate the entire proceeding.

Why You Need a CPA-Attorney for Probate

As both an attorney and a Certified Public Accountant (CPA) with over 20 years of experience, I bring a unique perspective to probate matters. I understand not only the legal intricacies of probate but also the significant tax implications. Properly structuring the estate and navigating issues like stepped-up basis and capital gains requires expertise in both areas. Don’t risk leaving money on the table due to avoidable tax errors.

• 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.

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

The path through California probate is rarely a straight line; it requires precise adherence to statutory deadlines, accurate asset characterization, and strict fiduciary compliance. Without a clear roadmap, what begins as a standard administrative proceeding can quickly dissolve into a costly battle over interpretation, valuation, and beneficiary rights.

Case Stage	Key Guide
The Roadmap	Start with the probate process in California.
Court Structure	Understand the probate court system.
Probate Options	Compare types of probate.

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.

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About the Author & Legal Review Process

This article was researched and drafted by the The Law Firm of Steven F. Bliss Esq.’s Legal Editorial Team, a collective of experienced Attorneys, legal writers, and paralegals dedicated to making complex law accessible.

Legal Review: To ensure the highest level of accuracy and strategic insight, this content was rigorously reviewed and approved by Steven Farley Bliss. With over 32 years of experience in Estate Planning & Probate, Mr. Bliss ensures that all information meets the firm’s strict standards for legal precision and current case law compliance.

With more than 32 years of experience in California Probate and Estate Administration, Mr. Bliss focuses on guiding executors through the complex court system, resolving creditor disputes, and managing estate assets to ensure a smooth distribution process that minimizes delay and protects the executor from liability.

Visit our Escondido Law office:

Address:

Escondido Probate Law
720 N Broadway 107
Escondido, CA 92025
(760) 884-4044

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