Key Takeaways
- Probate notes are demands from the probate court for more information or documentation after reviewing any filed document probate.
- If you receive notes back from the court, you will need to file a supplemental pleading in order to clear the court’s concerns.
- A significant number of probate notes on your petitions may be an indicator that a probate lawyer may be a helpful resource for addressing these concerns and offering support to the executor.
- A probate and estate administration attorney can be a valuable resource for an executor or estate administrator in need of support in fulfilling their duties before and during probate to prevent probate notes.
Introduction
To initiate probate, an executor must file a petition with the probate court as an application to be appointed as the executor and begin the probate process. However, in most cases, the court will find that additional information about the probate petition or the estate is needed.
If the court does find the petition to be incomplete, it will send back demands for the required additional information in the form of probate examiner notes for the petitioner to review. Probate notes are used as a tool for the court to highlight issues or concerns with a submitted probate petition. The court will provide a list of “Matters To Clear” for the executor and the estate to address before the probate hearing can take place.
If you are an executor who receives probate notes back on a probate petition, you should hire a probate attorney for support in ensuring they are properly addressed. A probate lawyer is a valuable resource for guiding the executor in understanding the full scope of their duties and taking the necessary actions to preserve the well-being of the estate.
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 or believes the information is incomplete in your petition, they will request clarification or more information via a “probate note.” Probate notes will list multiple “Matters To Clear,” which are the issues that need to be addressed for the legal processes to be allowed to move forward.
When you receive probate notes, as many petitions do, it’s your job to answer them by filing a Probate Supplement.
How Probate Notes Guide Court Proceedings
Clearing probate notes is crucial for being able to move forward in your court proceedings. If you receive probate notes and haven’t addressed them, then your hearing will not be able to move forward, as the judge will not be able to consider approving your petition until these issues are addressed. Often, if you have a considerable amount of probate notes, the probate court will postpone your hearing until a later date. This process may also be referred to as “continuing” your court hearing. Moving the hearing will allow more time to address the notes in question.
If you haven’t addressed your probate notes properly, then the court will not be able to move forward with your case. If the hearing has been continued two or three times without the probate notes having been cleared, then the court may dismiss your petition entirely. In these cases, the petition is often denied “without prejudice,” meaning that you will still have the option to re-file your petition at a later time.
Supplement to Probate Notes
A probate supplemental pleading or memorandum 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.
A supplement to probate notes will help you “clear the notes” and demonstrate to the judge that the requests for clarification and additional information have been addressed. The probate supplement should include a reference to the specific notes it is responding to and a declaration that your response is true and correct under penalty of perjury.
Typically, you must file this supplement at least three court days in advance of your court hearing, but this may vary depending on local rules of the court in which you’re appearing. A court day is any day that the court is open, including weekdays and excluding weekends and government holidays.
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 and thorough response to the notes so that you can ensure a smooth beginning 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 information needed to satisfy the court’s expectations, protect the welfare of the estate, and preserve your role as an executor.
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Addressing Probate Note Issues
Probate notes are a normal part of the estate and probate administration process, but it is crucial that you address them swiftly and with the necessary detail so that the administration of the estate can move forward smoothly.
Timelines for Responding
It’s best to file the probate supplement well BEFORE your hearing date at your county probate court so that the probate judge can review your supplement prior to the hearing. This will give you a better chance of having your petition granted and avoiding another hearing in the future.
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 three court days in advance of the in-person hearing.
Be sure to review your local laws or consult a lawyer for additional guidance on timelines and the steps necessary to meet them in your local jurisdiction.
Review the Notes and Fulfill Documentation Requirements
After receiving probate notes back from the judge, it’s crucial to review them properly and ensure that they do not contain any errors. The probate notes should summarize the content of your initial petition, what actions you are requesting from the court, and what you are asking the court to do.
Once you review the notes, you should complete the probate supplement as the necessary documentation for addressing the court’s concerns in response. This probate supplement should address each of the listed matters in the notes. If you notice any issues or errors with the probate notes and what they are requesting, you should discuss the appropriate next steps with your attorney.
Effective Communication with Courts
Probate notes are available in advance of a court hearing, often about two weeks ahead of the scheduled hearing, so it’s important that you are diligent in receiving these notes and addressing the court’s questions or concerns. If you receive probate notes back, you should ensure that you provide a probate supplement within the necessary timeframe so that your hearing can proceed as scheduled. Failure to communicate properly with the courts could result in your petition not being addressed or your matter being placed off calendar, potentially leading to significant delays in the probate process.
When To Hire a Probate Lawyer
Often probate notes can be very technical and ask questions about the statutes and how the probate code applies to this case. Addressing probate notes as someone who may not be experienced in probate and doing so properly may be a challenge, so it’s advisable to hire a probate lawyer as soon as you are appointed as the executor of an estate, and especially after receiving notes from the court. Often, receiving a significant number of probate notes indicates that the executor may be inexperienced and raises concerns about their ability to manage the estate, so it is advisable to consult an attorney for support after receiving them.
However, hiring a probate lawyer is especially beneficial if you suspect that the estate administration process will not be straightforward. If you have a complex estate that includes a long list of assets, many beneficiaries, or assets spread out across multiple jurisdictions, all of these factors can be difficult to address and can make it challenging to ensure that everything is properly accounted for throughout the estate administration process. Complex estates that involve high-net-worth individuals and high-value assets may especially benefit from the support of an attorney.
Benefits of Hiring a Local Probate Attorney
Although some people consider responding to probate notes on their own, it’s advisable to consult a skilled probate attorney for support. The experience of a probate attorney will be helpful for responding to and clearing probate notes, but it can also be helpful for avoiding receiving probate notes at all.
A probate attorney offers support in all the following areas:
- Familiarity with county-specific laws and processes
- A strong understanding of the requirements of local courts
- The ability to build trust and credibility with the court
Altogether, probate can be a complex process to navigate on your own. An attorney will support you in navigating the process of filling out the initial petition for probate, clearing any probate notes, and attending any necessary hearings.
Communicating with Your Probate Lawyer
Once you find a probate attorney, be sure to set a strong standard for how you communicate so that you can maintain a positive working relationship. Having a strong lawyer-client relationship is important for being able to move forward in the probate process while adequately addressing probate notes and other potential concerns.
Consider taking the following steps:
- Set clear expectations – Communicate with your attorney and express what you expect of your working relationship and working style throughout the process.
- Request regular updates – Ask your attorney for consistent updates about the probate process and their communication with the court.
- Ask questions as they arise – Asking clarifying questions of your attorney before you act on behalf of the estate is essential for covering all of your bases and avoiding issues or probate notes in advance.
Consistent communication with your attorney will simplify the process of navigating probate and ensure you have the support needed to address all the necessary steps. It’s important to choose an experienced attorney that you can rely on and trust so that you can work together closely and successfully achieve as swift of a resolution as possible to the probate process.
Trust the Experienced Probate Attorneys of RMO Lawyers
Probate notes are requests for more information about a probate petition by the court. Understanding what probate notes are and when to hire a probate lawyer will help you understand how to move forward in the process. If you are an executor who has received probate notes on a filed petition, or a beneficiary concerned about the experience of an executor, you should consult an experienced probate estate administration 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 estate representatives and other 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 legal advice on fulfilling your duties, we can help.
Schedule a consultation with us to gather support in navigating your executor responsibilities.
Glossary
Probate – The process by 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.