PROBATE RULE 2: PROBATE ORDERS
All orders in probate matters must be complete and bear the noticed hearing date and department. In addition, the court signature and date lines must not be on a page by themselves; the signature page must contain some text of the order. If a matter is taken off calendar, any order submitted will be returned to the party and a new order must be submitted for the re-noticed hearing date. All orders signed by a judge during a hearing shall be filed before leaving the courthouse.
In all matters where no objections are on file, a petitioning party must submit a proposed order at least four court days in advance of the scheduled hearing date or the matter may be ordered off calendar.
Matters concerning decedents’ estates and trusts may be presented ex parte unless a noticed hearing is required by the Probate Code, Court order, or the Local Probate Rules. All ex parte petitions and supporting documentation must first be presented to the Probate Examiner's office for review. An ex parte petition or application must contain sufficient facts to justify the orders requested. The procedures for submitting such ex parte matters are as follows:
(1) The petitioner must first determine if there is anyone who would oppose the matter if he or she knew about it.
(2) If there is no objection, and the matter is:
- Not urgent: Submit the petition to the Probate Examiner’s office.
- Urgent: Contact the Probate Examiner’s office for an appointment.
(3) If there is an objection, and the matter is:
- Not urgent: Do not submit it ex parte. Instead, have the matter set for a noticed hearing on the regular Probate calendar.
- Urgent: Contact the Probate Examiner’s office to discuss how the matter will be specially set for hearing.
(4) A notice and copy of the petition must be served on all parties 24 hours before presenting the ex parte petition to the Court unless the Court orders that notice may be dispensed. The petition and a proposed order shall be presented to the Probate Examiner’s office with a declaration regarding notice. If the matter does not require immediate action, defined to mean action within the day the matter is presented to the Court, the Court will allow two court days for the opposing party to present the opposition.
(5) The above procedures do not apply to temporary conservatorships and guardianships. The procedures for those matters are set forth in Local Probate Rules 11T and 12M below.