Executive Summary
- Probate notes are requests submitted by the court to the probate petitioner for additional information or documentation.
- A significant number of probate notes may act as an indicator that an estate executor does not have the experience or capacity to fulfill their duties in the probate process.
- A probate supplement is a procedure for responding to probate notes and clarifying questions left by the probate court.
- Executors who have difficulty fulfilling their duties can consult a probate and estate administration lawyer for support and guidance in doing so.
Introduction
To open the probate process, an executor must file a petition with the probate court to apply to be recognized as the executor and receive a validation of the will. However, in some cases, the court may need more information than is provided in the original petition.
In these instances, the court will send back information known as “probate notes” for the petitioner, or examiner, to review. Probate examiner notes serve as requests from the court for additional information about an executor’s probate petition.
All interested parties in an estate should be aware of probate notes so that they can understand the potential consequences of an incomplete probate petition, hold the executor accountable, and ensure the smooth continuation of the probate process.
If an executor receives a significant number of probate notes on an estate probate petition, it may be a red flag that the executor does not have enough information or experience to adequately complete the probate process.
Ready to Get Started?
Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
What are probate notes?
Probate notes are simply questions and requests for additional information regarding your Petition for Probate. When you file your Petition for Probate with your County Probate Court, the Petition will be reviewed by a county probate examiner.
If the examiner has questions about the information on your petition, they will request clarification or more information via a “probate note.” When you receive probate notes, as many petitions do, it’s your job to answer them by filing a Probate Supplement.
I have probate notes, do I need a probate lawyer?
Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue “probate notes” that ask for additional information or clarification. Then it’s your job to file a supplement to answer the examiner’s questions. In many cases, it makes sense to hire a probate lawyer to handle the administration for you.
What is the process involved in probate notes?
Upon submitting your probate petition to the court, the county probate examiner reviews the documents in the case to ensure the legitimacy of the documents submitted and determine whether there is enough information to proceed with probate.
After the examination, the probate examiner will create a list that notes anything that still needs to be filed or seems to be omitted from the submitted documentation. The list will include notations to identify each separate note, typically labeled “A” through “Z”.
However, the number of notes will depend on the detail and legitimacy of the petition submitted by the petitioner—a well-put-together probate petition with all necessary documentation will have minimal to no probate examiner notes, while a petition that is missing significant amounts of information can have numerous.
The process for probate notes may differ slightly by county and the corresponding court procedures. In some cases, these notes will be submitted online for an executor to answer or sent directly back to the executor. Upon receiving the notes, it is the executor’s responsibility to check and clear the notes by responding with reference to each note using the proper citation. Typically, a court will require all probate notes be resolved before granting the petition.
What is a probate supplement?
A probate supplement acts as a response to probate notes to provide answers to the probate examiner’s questions or requests for additional information. You complete the probate supplement form and add it to your case file to be submitted back to the court. The probate supplement should include a reference to the specific probate notes it is responding to and a declaration that your response is true and correct under penalty of perjury.
It’s best to file the probate supplement well BEFORE your hearing date at your county probate court. Why? If you file your probate supplement before your in-person hearing, then the probate judge can review your supplement prior to the hearing, which gives you a better chance of having your petition granted and a continued hearing avoided.
Depending on your county’s laws and requirements, you may be required to submit your probate supplement within a specific time frame. For example, in some counties, the petitioner must submit a declaration responding to the probate notes at least one week before the in-person hearing. Be sure to consult your local laws or a lawyer for additional guidance.
Can I file a probate supplement myself?
Yes, you can file a probate supplement yourself. If you live in Los Angeles County, you can download the probate supplement form for the LASC-Probate Division by clicking here. If you live in Orange County, you can download the probate supplement for The Superior Court of California County of Orange by clicking here.
Although you have the option to file a probate supplement on your own, it is not necessarily the most advisable approach. It’s important that you file a detailed probate supplement to provide an accurate response to your probate notes so that you can ensure a smooth continuation of the probate process.
If you are an executor who has received a significant number of probate notes, it is in your best interest to consult a lawyer. A lawyer can help you make the necessary corrections and provide the necessary information to satisfy the court, protect the welfare of the estate, and preserve your role as an executor.
When do I need a probate lawyer?
There are a variety of situations that may justify seeking a probate lawyer. In California, if the value of the estate is over $184,500, or the estate owns real property (e.g., house, condo, commercial property, etc.), then the estate must go through probate. In Texas, an estate must go through probate if the value exceeds $75,000 or more.
It’s not necessary to have a lawyer to pass through the probate process—You always have the option to self-administer probate or retain a probate lawyer, regardless of the value of the estate. However, as the value of the estate escalates and becomes more complex, it typically becomes advantageous to retain a probate lawyer for several reasons:
- Time: Probating a high-value estate demands a significant amount of time. The typical timeframe for self-administering an estate can be substantially longer, which only increases costs and frustration for the heirs of the estate, which could subject you to adverse claims when all you are trying to do is your best.
- Complexity: As the number of estate assets and liabilities increases, the value of the estate and its exposure escalates, and the number of heirs or beneficiaries grows, it becomes a demanding task to account for everything and everyone in the probate process. Many of the steps of self-administering the estate will be new to the executor, who often is busy with their own life and may not have time to dedicate to the demands of handling probate.
- Risk: As the value of the estate escalates and the number of interested parties grows, it becomes more likely that a dispute will arise and litigation may ensue. An experienced probate attorney who knows the process can help anticipate and handle these risks.
Ultimately, it is at the executor’s discretion whether or not it’s worthwhile to consult a probate administration attorney after considering the above factors. If you are an executor and have any concerns about your capacity to fulfill your duties during the probate process or are unsure about how to respond to probate notes, consulting an estate administration attorney is a good idea.
Questions about probate law?
RMO attorneys provide legal guidance in contested probate matters.
Serving clients across California and Texas
When should a beneficiary consult a probate lawyer?
If you are a beneficiary or an interested party in an estate and you notice a considerable number of probate notes concerning your case, this may be a reason to keep a close eye on the executor. A large number of notes can often be a sign that an executor failed to understand their duties in the probate process and does not have the experience to confidently act in the best interests of the estate.
If you suspect that an executor lacks the expertise or experience to fulfill their duties, you may pursue a petition for executor removal. An attorney can provide guidance on whether a petition for removal may be necessary to uphold the interests of the estate and how to navigate the process.
What does a probate lawyer do?
A probate lawyer can be a valuable source of information and legal guidance to ensure an executor fully understands their duties and how to comply with them within the requirements of the courts. In some cases, a lawyer can handle the entire probate administration process for the executor of the estate.
All together, a probate lawyer can handle everything from assisting in the filing of a probate petition to mediating disputes between beneficiaries and executors. A lawyer is a versatile resource that can provide assistance throughout probate and offer support for a smooth administration of the estate.
Some of the most common responsibilities of a probate lawyer include:
- Filing the Petition for Probate
- Clearing probate notes by filing supplements
- Appearing in probate court (you do not need to appear unless told otherwise)
- Helping to open an estate account
- Handling creditor claims
- Managing real estate appraisals
- Managing the sale of real estate
- Distributing assets fairly to heirs and beneficiaries
- Preparing and filing the formal accounting and petition for final distribution with the court; and
- Closing the estate
An experienced executor may be able to conduct the above responsibilities on their own and without the support of an attorney. However, if the probate court returns a significant number of probate notes, then it’s often worthwhile to seek the support of an experienced probate administration attorney for guidance in navigating the necessary steps in line with state law.
How much does a probate lawyer cost?
Typically, probate lawyer fees are paid by the estate at the close of probate.
In California, probate lawyer fees are based on the value of the estate and determined by a statutory fee schedule. California Probate Code section 10800 specifies “ordinary” compensation as follows:
- 4% of the estate’s value for the first $100,000.
- 3% of the estate’s value for the subsequent $100,000.
- 2% of the estate’s value for the next $800,000.
- 1% of the next $9 million.
- .5% of the next $15 million.
- *Estates over $25 million, the court will determine a reasonable amount.
Please use our California Probate Fee Calculator to estimate your costs. https://rmolawyers.com/california-probate-calculator/
In Texas, the estate typically pays the probate attorney’s fees and other associated costs out of its assets. These fees are considered administrative expenses of the estate and are generally paid before any distributions are made to the beneficiaries. The specific costs and fees can vary depending on the complexity of the probate process and the services provided by the attorney.
To determine what an estate and probate administration attorney will cost and if the estate will cover the expense, you should consult with a qualified RMO attorney.
While some probate lawyers may ask for nothing out of pocket, others, like RMO Lawyers, may ask for a minimal upfront fee or retainer for expenses and hard costs to get the case started.
Questions to ask a probate lawyer before hiring
Before hiring a probate lawyer, it’s important to ensure that you have the best fit for your case. You can research around to find an attorney that has the most experience, the best availability, and inspires the most confidence for you.
As you research your options, consider the following questions:
- What is your experience in probate law?
- How are fees calculated, and when are they due?
- What are your preferred communication methods and the best ways to keep in touch with you?
- How do you handle complex cases and probate disputes?
- Can you provide references or testimonials from previous clients?
Using these questions can help you narrow down the best attorney for your case and determine who provides you with the most confidence. During an initial consultation here at RMO, we’ll aim to answer all your questions and cover all the details you can expect from working with our experienced team.
Common challenges in probate administration
Unfortunately, the probate administration process is not always simple and straightforward. In addition to the challenges associated with responding to and resolving probate notes, the process itself may coincide with a variety of potential challenges.
Some potential probate issues that an executor may face include:
- Delays in the probate process – Delays may occur as the result of incomplete paperwork or unresolved disputes that delay the administration of estate assets.
- Disputes among heirs or beneficiaries – Heirs and beneficiaries may disagree on the share of assets allocated to them according to the decedent’s will, and the mediation process can cause a delay in the administration of assets.
- Handling creditor claims – Sifting through and validating creditor claims for unresolved debts can be a time-consuming process and lead to delays in the administration process.
- Managing and appraising real estate assets – It can take time to value estate assets if there is a wide variety of assets or highly valuable ones that require accurate appraisal from an appraiser.
Having a skilled estate and probate administration attorney by your side to support you will make navigating these challenges easier.
Secure Your Peace of Mind with Probate Assistance From RMO Today
Probate notes are requests for more information about a probate petition by the court. A significant number of probate notes is often an indicator that an executor may need support in filing a probate supplement to properly address the court’s concerns. If you are an executor who has received probate notes back, or a beneficiary concerned about the experience of an executor, you should consult a skilled probate attorney for support.
At RMO Lawyers, we have decades of experience in supporting executors and beneficiaries throughout the probate administration process. We work closely with interested parties to ensure they understand their legal responsibilities so they can uphold the best interests of the estate. Whether you have a quick question about probate notes or need more advanced guidance on navigating the complete process of your duties, we can help.
Schedule a consultation with us to gather support in navigating your executor responsibilities.
Glossary
Probate – The process in which an estate is administered and assets are distributed to beneficiaries either according to a valid will or state intestacy laws.
Probate petition – An initial filing with the court to initiate the probate process that includes an application to be appointed as an executor or administrator, the death certificate, and the original will (if one exists).
Probate notes – Notes left by the court regarding a probate petition either requesting more information or calling for additional documentation.
Probate supplement – A procedure in which a petitioner responds to probate notes and provides additional context requested by the court.
Petitioner – The individual, often an executor or estate administrator, who petitions the court for the initial process to open probate.