California probate is the time-sensitive and deadline-driven process of formally dissolving a deceased person’s estate. Since probate is overseen by state courts, judges and clerks must sometimes ask clarifying questions to ensure that a decedent’s estate is being distributed in accordance with local law. When these questions are formally presented to an estate executor, they are called “probate notes.” Our California probate lawyer explains more below.
When a state-appointed probate examiner reviews a probate petition, they will prepare a summary of the case before transmitting it to the presiding judge. Probate notes typically include information such as:
If the probate examiner or the probate judge believes that a petition has been improperly filed or must be amended, they may forward their probate notes to the executor who is responsible for making all necessary adjustments.
Probate notes can delay the adjudication of a case if the executor has failed to respond to the examiner or judge’s questions. If the executor is not prepared to address the deficiencies in an application, the case may be delayed, preventing creditors from being paid and heirs from receiving their inheritances.
However, probate notes are not especially difficult to obtain. Executors in Los Angeles County can typically view their probate notes online by following these instructions:
Orange County allows executors and estate representatives to receive notifications about probate notes by text message and email.
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Read Our Current NewsletterBeing an estate executor can be exhausting and challenging. While many probate notes are simple requests for clarification or additional information, initiating and managing probate proceedings can be as difficult as it is time-consuming—especially if creditors try to seize an undue portion of the estate or the heirs disagree with the terms of their inheritances.
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