Orange County Superior Court probate notes are received after you’ve filed your Petition for Probate with the OCSC probate division. Probate notes are simply the probate court examiner asking for clarification regarding information entered on your Petition for Probate. To address the notes, you’ll file a Supplement to Petition for Probate prior to your probate court hearing.
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.
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.
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.
If you have any questions, the consultation is always free: (949) 226-8509
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.
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.
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:
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
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.
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.
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas. Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation – Trusts and Estates. For a free consultation, call (424) 320-9444 or visit: https://rmolawyers.com