Five Tips About a Probate Examiner’s Review of a Petition to Probate a Will

In order to make the probate administration process more efficient, here in California we use a system that involves a third party. This third-party is known as a probate examiner. The probate examiner executes the review of a petition to begin the probate of the will. Following the review, he or she makes a recommendation to the judge as to whether the petition should be approved or denied.

Helpful Facts About Probate Examiners and Petition Reviews

Unless you have experienced the probate process in the past, you may not have ever heard of a probate examiner; therefore, you may be unsure as to the role of this individual. The following is an overview of the role of the probate examiner when the probate administration process begins:

  1. The probate examiner does the review of a petition and all supporting documents relating to the probate case.
  2. The examiner also reviews the documents to determine whether they are complete.
  3. The probate examiner also reviews the petition and documents in order to verify that they comply with California law as well as local court rules. For example, if the court overseeing the probate administration is the Superior Court in San Diego, the probate documents must comply the rules of that court.
  4. If issues are discovered, the probate examiner will set forth notes regarding deficiencies or need for additional information. The notes are essentially a summary of the information contained in the file. These notes are given to the applicant, as well as to the judge. Probate notes are typically available for viewing before the hearing. If the notes are marked with “need,” “needed,” or “defects,” the applicant must take action to correct the petition that was filed.
  5. Additional information in the probate examiner’s notes include identification of the parties in the matter, the relief that is being sought, summaries of previous reports and objections relating to the estate.

We hope that you have found this information helpful. The more that you understand about the probate administration process, the less frustration you will ideally experience as you carry out your loved one’s wishes. We encourage you to share this article with your friends and family on Facebook.

Related Links:

Types of Petitions to Start a Probate

Tips to Prevent a Probate Petition Rejection

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307