Who Makes the Decision About a Probate Petition?

After the loss of your loved one, you may find yourself charged with the responsibility of administering his or her estate. Typically, the first step in this process is to file a petition with the appropriate probate court. If your loved one lived in San Diego, you file your petition in the Superior Court of San Diego. Who decides on a Probate Petition? The judge overseeing the estate’s probate administration will decide as to whether to approve or deny it.

How a Probate Examiner Helps the Judge Make a Decision on the Petition:

While the judge is the ultimate decision-maker, in most cases the judge is assisted by a probate examiner. The probate examiner is a staff member of the court. The probate examiner has many responsibilities when it comes to the decision-making on the initial petition, including the following:

• First of all, carefully reviewing the entire file for the estate.
• Then, ensuring that all of the California probate laws are complied with.
• Furthermore, making a recommendation to the judge assigned to the case as to whether it should be approved or denied.

After reviewing the findings of the probate examiner, the judge will make a decision and either approve/deny the petition. If you disagree with the recommendation that was made by the probate examiner, you do not have to simply accept it. You may request a hearing in front of the judge assigned to the case. At this hearing, you will be allowed to present your case to the judge.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.