Rest assured, many Los Angeles Superior Court probate petitions generate probate notes. They’re very common and easy to address. If you’re working with a probate attorney, they should be handling everything. If you’re doing things on your own, here’s a simple guide to LASC probate notes:
What are probate notes?
Probate notes are simply questions, corrections or additional information needed for your probate petition form. When you submit your probate petition, a court probate examiner will review your form and answers. If any of the items are answered incorrectly, incompletely, or additional information is needed, the probate examiner will create a probate note asking for clarification, correction or more information.
“The court may have questions about, or you may need to correct, the forms you filed. These questions are commonly referred to in the probate court as “Probate Notes”. You may respond to those questions before the hearing by filing a “Supplement to Clear Probate Notes.”
If you work with a probate lawyer, they likely will have used their experience to minimize the number of note, or to avoid notes altogether. At RMO lawyers, we double down on that experience, leveraging the fact that our lawyers are in probate courts daily with the decades of experienced probate paralegals and an exhaustive understanding of what the probate code, probate court, probate attorneys and probate examiners need to see, and what they don’t, to avoid or minimize probate notes.
Does my probate petition have probate notes?
All too often we see good, well-intentioned people in probate court being asked by probate judges whether they have seen the probate notes, only to respond that the don’t know what they are. The result? Their case gets continued, delayed, and the individual leaves frustrated. It does not have to be that way.
The Los Angeles Superior Court typically posts probates notes one to five days prior to your court hearing. When you receive these notes, you may correct your petition form by filing what is known as a “supplement” that addresses the deficiencies in your probate petition. Assuming the supplement fully and completely responds to those deficiencies, and your supplement is filed before the day of the hearing, then the court like will accept the updated information, “clear” your notes, and approve your probate petition.
As the Los Angeles Superior Court website states: “Probate Notes are usually available online 5 days before a hearing. To check and respond to Probate Notes you may do the following:
INSTRUCTIONS: (to download the Clearing Probate Notes PDF, click here)
- Go to www.lasuperiorcourt.org
- Go to Online Services and select Probate > Probate Notes.
- Type in your case number – Usually two letters and 6 digits.
- Review Notes under “MATTERS TO CLEAR”.
- Complete Supplement to Clear Probate Notes by answering or responding to each note. (See Attached Example Format.)
- Once you have completed the Supplement to Clear Notes, complete a Notice of Hearing (Form DE-120): A. Make 2 copies of all forms and file the originals & copies in Room 429. 7. All heirs and persons requesting special notice must receive a copy of the Notice of Hearing and Supplement to Clear Notes before the hearing date.
If Probate Notes are not available on the Court’s Website before the hearing date, you can get a copy at the hearing.”
When are Los Angeles Superior Court probate notes updated?
As mentioned above, probate notes are typically available one to five days prior to your hearing at the Los Angeles Superior Court. We often see them posted as late as the day prior. Sometimes we find LASC probate notes as early as a week prior. At RMO lawyers, we begin checking for probate notes as early as ten days before your hearing and respond quickly to supplement the probate petition and clear notes.
“Central Probate Notes are generally updated at the following times: Monday through Friday: 9:10 a.m., 10:10 a.m., 11:10 a.m., 12:10 p.m., 1:10 p.m., 2:10 p.m., 3:10 p.m., 4:10 p.m., 5:10 p.m., and 6:10 p.m. Saturday and Sunday: 6:10 p.m. only NOTE: The clearing period is not expanded as a result of Internet access to calendar notes. Supplements and other documents to be filed to clear the Probate Notes must be filed no later than 3:30 p.m. of the second court day preceding the hearing date pursuant to Los Angeles County Local Rule 4.4(b).”
How do I clear probate notes?
You might have already guessed, but here’s the answer: View the probate notes and prepare a supplement that corrects inaccurate/unclear information and addresses any outstanding information requests. The “trick” is to submit your supplement to clear the probate petition notes before your court hearing.
What if your new answers aren’t cleared? You’ll receive another round of LASC probate notes, and you will have to return to Los Angeles Superior Court for another probate hearing. The downside is the time involved waiting for your next court hearing, time that you won’t have your inheritance and have to listen to other beneficiaries complain about not getting theirs.
Avoiding probate notes, or clearing probate notes swiftly, will expedite your probate and put you in a position to distribute everyone’s inheritance faster and cheaper.
Want help clearing probate notes?
At RMO, we help clients like you through the probate process every day. If the submission for probate filing is for an estate with a value over $150,000, email us anytime: [email protected] or call (424) 320-9440 to set up a free consultation.
If the estate in question is valued under $150,000, then you may be eligible to simply fill out and submit the California Small Estate Affidavit form, click to download.
Do I need a probate attorney near me?
It often helps to work with a probate attorney near you. However, it’s more important to retain a probate lawyer who is familiar with the county probate court in the decedent’s county of residence. For example, if the decedent lived in Los Angeles, the executor may consider retaining a probate attorney familiar working with the Los Angeles Superior Court – Probate Division.
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About RMO Lawyers
RMO LLP serves clients in Los Angeles, Hollywood, West Los Angeles, Santa Monica, Beverly Hills, Kansas City, San Diego, Miami, Anaheim, Orange County, Houston, and communities throughout California, Florida, Missouri and Kansas. Our founding partner, Scott E. Rahn, has been named “Top 100 – Trust and Estate” SuperLawyers 2017- 2019 by Southern California Super Lawyers. Contact us for a free consultation: https://rmolawyers.com