Can I Appear by Zoom for Probate Hearings

Emily just lost her mother, and the first hearing is next week. She discovered a crucial codicil after the petition was filed, changing everything. But now the court won’t accept it because it wasn’t filed before the hearing notice went out. The cost? Years of litigation and a fractured family, all because of a technicality. This happens far too often.

As an Estate Planning Attorney and CPA with over 35 years of experience here in Escondido, I’ve seen countless probate cases derailed by misunderstandings about court procedures. My CPA background gives me a unique advantage in these matters – understanding the tax implications, particularly the step-up in basis and potential capital gains, is critical when dealing with estate assets and valuations. I want to share what you need to know about appearing remotely for probate hearings in California.

Can I Appear by Zoom for a Probate Hearing?

The good news is that, unlike the early days of the pandemic, California probate courts now routinely allow remote appearances via Zoom. However, it’s not a simple as just clicking a link. You need to understand the rules. Code of Civil Procedure § 367.75 permanently authorizes remote appearances in probate hearings, provided proper notice is given. The judge, however, retains the right to demand in-person attendance for evidentiary hearings or trials where live testimony is essential.

What Steps Do I Need to Take to Arrange a Remote Appearance?

First, check the local court rules for the specific county where the probate case is filed. Some courts may have additional requirements beyond the statewide rules. Beyond that, you must ensure that the Notice of Hearing clearly states your intent to appear remotely. The notice should include your email address so the court can send you the Zoom link. Be aware that technical difficulties are not an excuse for missing a hearing. You’re responsible for ensuring you have a reliable internet connection and a functional camera and microphone.

What if the Judge Still Wants Me to Appear in Person?

While the law allows for remote appearances, the judge isn’t powerless. They can require personal attendance for certain proceedings. If this happens, and you have a legitimate reason why you can’t be there in person, you need to file a formal request with the court, explaining the circumstances and asking for a continuance or a waiver of the in-person requirement. The judge will then consider your request and make a ruling.

What’s the Biggest Mistake People Make with Probate Hearings?

Failing to address “Probate Notes.” These are essentially flags the Probate Examiner raises about your petition. 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. Ignoring these notes can lead to continuances, costing you time and money.

How Does the Court View Evidence at a Probate Hearing?

It’s important to understand that standard probate hearings aren’t usually “live witness” events. Probate Code § 1022 stipulates that an affidavit or verified petition is generally accepted as evidence. If you need a witness to testify, the judge will typically continue the matter to a formal “Evidentiary Hearing” or trial date. This adds significant time and expense to the process.

What If I Disagree with Something the Opposing Party is Saying?

You don’t need a lengthy lawyer-written brief to voice your objection. You can appear and object orally at the first hearing. Probate Code § 1043 requires the court to pause and grant you a continuance – usually 30 days – to file a written objection. This is a critical tool for protecting your interests without immediately escalating the legal battle.

What About the Final Order – Who Prepares That?

Don’t assume the judge will draft the final order for you. California Rule of Court 3.1312 places the responsibility on the prevailing party to prepare the “Proposed Order” and submit it to the court before the hearing. If the judge grants your petition and there’s no order ready to sign, you could leave the hearing with no official documentation.

What Happens If I Miss a Hearing?

Missing a hearing can have serious consequences. Probate Code § 1220 states that if you weren’t properly notified, the order may be void. The petitioner has a strict duty to mail the Notice of Hearing (Form DE-120) to all interested parties at least 15 days prior. A missing “Proof of Service” in the file will immediately halt the proceedings.

What causes California probate cases to spiral into delay, disputes, and extra cost?

California probate is designed to provide court-supervised transfer of property, yet cases often break down when authority is unclear, required steps are missed, or disputes arise over assets, notice, and fiduciary conduct. When the process is misunderstood, families can face avoidable delay, escalating conflict, and increased exposure to creditor issues, hearings, or litigation before the estate can close.

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.