What is an OCSC probate note, supplement, or guidance note?
An Orange County Superior Court probate note is a request for more information, in regards to the information you entered on your Petition for Probate. Example, if you listed a real estate property for the deceased, yet didn’t provide the complete street address of the real estate, the probate examiner may issue a note in your probate case number. The probate note will require you to file a supplement stating the complete street address of the real estate property.
Some probate notes may be very easy to address, simply correcting informational oversights. However, some probate examiner notes may ask for more extensive information that could benefit from the experience of a probate lawyer.
What is a probate examiner at Orange County Superior Court?
The probate examiner is a person working within the OCSC, whose job is to review Petitions for Probate, ensuring all the correct information has been submitted. While it’s easy to worry that the probate examiner is a gatekeeper to getting your inheritance, most examiners are just dedicated to following probate laws and codes that help heirs and beneficiaries receive the inheritances to which they are entitled.
Do I have to file a supplement to clear probate notes at OCSC?
Yes, you or your probate attorney MUST file supplements to clear nearly all probate notes, and prior to your scheduled probate hearing. If you do not, then you should expect that your Petition for Probate will not be granted, the hearing continued (i.e. delayed), and you will then need to file a supplement to clear those probate notes. Filing a Petition for Probate is a strict process that requires accurate information. Note, if you’re working with a probate attorney, they can appear at your probate hearing for you. If you’re self-administering probate, then you should attend your probate court hearing in-person, on your assigned date/time.
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Where do I check to see if my petition for probate has received notes?
To check if your Petition for Probate has received notes from the probate examiner, go to The Superior Court of California County of Orange Probate Division, and enter your case number. Here’s a link.
When do I check if my petition for probate received probate notes?
Probate notes are typically posted to your case number at least 24-72 hours ahead of your court hearing. In some cases, they may be posted several days in advance. So, check the OCSC website frequently starting 10 days prior to your probate court hearing.
When do I have to file my supplement to my Petition for Probate?
You must file your supplement prior to your court hearing date. We recommend filing it as soon as possible, after receiving your probate notes. If you need the OCSC supplement form, click here to download it. So, to make it crystal clear:
- Your probate notes will be posted prior to your in-person OCSC court hearing, start checking a few days in advance. Most notes are posted 24-72 hours in advance.
- When you see the notes posts, immediately gather information required to clear the note, and file a supplement.
- As soon as possible, prior your OCSC in-person court hearing, complete and file your probate supplement.
- Then, when you attend your OCSC probate court hearing, bring a courtesy copy of the supplement you filed just in case the judge has not yet had an opportunity to see your probate supplement, so that you have the best chance to have the court approve your Petition for Probate.
When do I need a probate lawyer?
If the value of the decedent’s estate is over $150,000 or if the estate owns real property, you should consider a probate lawyer. As the value approaches and exceeds $1,000,000, then the cost of engaging a probate lawyer becomes almost “negligible,” considering the scope of “risks” involved throughout the probate process. Also, the time requirements of self-administering probate may simply be too much for people with busy schedules. It’s very typical for the entire probate process to take up to 2 years, or even longer, if you self-administer. If you don’t have a lot of time to devote to the probate process, consider engaging a probate lawyer. An experienced probate lawyer will help expedite the probate process, many times in less than 12 months, and they handle just about everything for you.
If you have any questions, call us. The consultation is free: (949) 226-8509
How much does a probate lawyer cost?
Retaining and working with a probate lawyer, should in most cases, cost you nothing. All the costs associated with working with a probate lawyer are paid directly from the decedent’s estate. Most probate lawyers will not ask you for any upfront payment, and they will only be paid at the end of the probate process, when closing the estate. Note, rarely probate lawyers will request an upfront retainer. This is uncommon, and at RMO, LLP we don’t ask for any upfront retainer payments in probate administration cases.
Do I need a probate lawyer near me in Orange County?
We recommend finding an experienced probate lawyer familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Orange County, CA, we recommend working with a probate lawyer in Orange County. An Orange County probate lawyer will generally be more familiar with the The Superior Court of California County of Orange Probate Division, versus an out of state attorney.
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About RMO Lawyers, LLP
RMO LLP provides personal and efficient inheritance dispute services to individual and institutional clients. The firm’s attorneys focus on probate litigation involving contested trust, estate, probate, and conservatorship matters. Serving California and Texas, with offices in Los Angeles, Pasadena, Orange County, San Diego, Fresno, the Bay Area, Dallas, and Houston. For more information, please visit https://rmolawyers.com/.