Can I Watch a Probate Hearing Online

Emily was devastated. Her mother had passed away unexpectedly, and she’d meticulously prepared a codicil to her estate plan just weeks before, leaving a specific piece of jewelry to her sister, Clara. Emily submitted the codicil with her Petition for Probate, only to be told by the executor, David, that the court rejected it. He claimed it didn’t meet the legal requirements. Emily lost over $15,000 in legal fees fighting him – fees she couldn’t afford – all because she didn’t understand the court process and the importance of proper filing.

As an estate planning attorney and CPA with over 35 years of experience in Escondido, California, I often see situations like Emily’s unfold. Clients assume probate is a simple formality, or they try to navigate it alone, leading to costly errors and delays. While watching a probate hearing online seems like a straightforward way to stay informed, the reality is far more nuanced.

Can I Actually View Probate Hearings Remotely?

The short answer is: sometimes. Many California Superior Courts now offer live streaming or video conferencing for certain types of hearings, including probate. However, it’s not universal. Access depends on the individual court’s policies and the specific type of hearing. Routine uncontested matters are far more likely to be accessible than complex contested trials. It’s also critical to understand which hearings are streamed. Often, only the main hearing is broadcast; preliminary conferences or settlement discussions remain closed.

What Happens if My Court Doesn’t Offer Live Streaming?

If your local court doesn’t provide online access, don’t despair. You still have options. You can attend the hearing in person at the Superior Court where the probate case is filed. Remember, Probate Code § 7051 dictates that you cannot just pick the most convenient courthouse. The petition MUST be filed in the Superior Court of the county where the decedent was ‘domiciled’ at death. If they lived in Los Angeles but died in a hospital in Riverside, the proper venue is Los Angeles.

Even if you can’t attend in person, you’re not left in the dark. You can obtain a certified copy of the court reporter’s transcript after the hearing (for a fee, of course). This transcript provides a verbatim record of everything that was said. Also, your attorney can provide you with a detailed summary of the proceedings.

What About “Tentative Rulings” – Are Those Online?

This is where things get really important. California Rule of Court 3.1308 states that most California probate departments post ‘Tentative Rulings’ online 1-2 days before the hearing. If the ruling is ‘Recommended for Approval’ and no one objects, the physical hearing may be waived. This means the judge has already made a decision, and your opportunity to challenge it is limited. If you disagree with the ruling, you MUST notify the court and opposing counsel by 4:00 PM the day before. Ignoring the Tentative Ruling is a common mistake that can have devastating consequences.

Why is Understanding Probate Notes so Important?

Before the judge ever sees your file, a ‘Probate Examiner’ reviews it for defects. They post ‘Probate Notes’ weeks in advance. You MUST file a ‘Supplement’ to cure these defects before the hearing, or your case will be continued (delayed) for months. These notes can range from minor formatting issues to significant legal deficiencies. Addressing them proactively can save you significant time and expense.

If I Disagree with Something at the Hearing, How Do I Object?

You can appear at the hearing and object orally. However, Probate Code § 1043 states that the court will typically continue the case and order you to file a written objection within a specific time (usually 30 days). If you fail to file the written objection, your oral objection is waived. A clear, concise written objection, prepared by legal counsel, is crucial for preserving your rights.

What If I Need Immediate Action – An Emergency Order?

It’s tempting to rush to court, but California Rule of Court 3.1203 makes it clear that you cannot just walk into court for an emergency. You generally must give notice to all parties by 10:00 AM the court day before the appearance. ‘Ex Parte’ relief is reserved for irreparable harm (e.g., stopping a foreclosure), not just because you are in a hurry.

What If There’s a Dispute Over Who Owns the Property?

This is where Probate Court’s specialized jurisdiction really shines. Unlike civil court, the Probate Court has specialized jurisdiction under Probate Code § 850 to decide ownership disputes between the estate and third parties (e.g., ‘Mom put my name on the deed, but the executor says it belongs to the estate’). This “Superpower” of Probate Court can be invaluable in resolving complex ownership issues.

As a CPA as well as an attorney, I bring a unique perspective to estate planning and probate. Understanding the step-up in basis, potential capital gains implications, and accurate valuation of assets are critical for minimizing taxes and maximizing your inheritance. Don’t leave your financial future to chance.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

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.

• Will-Based Power: Secure executor authority letters if a will exists.
• No-Will Power: Obtain administrator authority letters if there is no will.
• Who is Involved: Clarify roles using key parties.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

Verified Authority on California Probate Court Operations

• Jurisdiction & Venue: California Probate Code § 7051 (Domicile Rule)
  This statute dictates strictly where the probate case must be heard. It is based on the decedent’s “domicile” (permanent legal residence), not where they died or where their property is located. Filing in the wrong county will result in the case being transferred or dismissed.
• The “850 Petition” (Title Disputes): California Probate Code § 850 (Heggstad/Title)
  The Probate Court is not just for processing paperwork; it is a trial court that can determine property ownership. A Section 850 petition allows the judge to order property returned to the estate (from a thief) or transferred out of the estate (to a rightful owner) without a separate civil lawsuit.
• Oral Objections & Continuances: California Probate Code § 1043
  You have a right to be heard. This code allows any interested person to appear at the hearing and object orally. The court may grant a continuance to allow you time to file a written objection. This is a critical tool for beneficiaries who find out about a hearing at the last minute.
• Appeals (What Orders are Final?): California Probate Code § 1300 (Appealable Orders)
  Not every decision by a probate judge can be appealed immediately. This section lists exactly which orders are “appealable” (e.g., directing distribution, determining heirship). Understanding this list is vital for litigation strategy.
• Tentative Rulings: California Rules of Court 3.1308
  In modern California probate practice, the “hearing” often happens on paper before the actual court date. This rule governs the Tentative Ruling system. Checking the tentative ruling the day before is mandatory practice; if you don’t contest it properly, the judge’s tentative decision becomes final.
• Fee Waivers: California Government Code § 68633
  Probate filing fees are high (often $435+ per petition). This code authorizes the court to waive these fees for petitioners who are low-income or receiving public benefits, ensuring that access to the probate court is not limited only to the wealthy.