Probate Hearing and Objections to the Petition

What is a Probate Hearing?

During the start of the administration of your loved one’s estate, you will likely have to submit a petition to open up a probate proceeding. That petition must be reviewed and approved by the judge. A judge at the appropriate court will be assigned to the case for your loved one’s estate. There is an approval process. In which interested parties will be given an opportunity to appear at a hearing and voice an objection.

Four Tips About Probate Administration Hearings

While the term “hearing” may give you cause for concern. Please note that hearings are typically very routine and uneventful. It is generally only in cases where an objection is made that the hearing becomes more involved. Your attorney will be able to guide you through the process in either scenario. The following is a helpful overview of what you can expect to happen:

1. The judge assigned to the probate case will call the name of the case from the approved list.
2. If someone is present to object to the petition when the case is called, the court will hear his or her testimony.
3. Parties who want to raise an objection to a petition often notify the probate examiner’s office, or the attorney for the opposing side, in order to make the objection known prior to the hearing.
4. Provided no one objects to the petition, the order may be signed by the judge without first having to hear testimony.

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.