What is a probate examiner?

If you are the executor of an estate and you are submitting a petition to probate court, then it is important to know what a probate examiner does and why it might matter to you.

According to the Superior Court of California, a probate examiner is employed by the probate court. It is the probate examiner’s responsibility to:

  • Review your initial petition for probate and any supporting documents to make sure that it complies with all applicable laws and court rules.
  • Review other petitions and documents for matters that are scheduled for hearings in probate court to make sure that they comply with all applicable laws and court rules.
  • Prepare a written summary called probate notes. The probate notes should describe any missing information in the petition or accompanying documentation. If you receive a copy of the probate notes that describe missing information then you will need to supply that information before your probate hearing. The probate notes are typically available about three to four weeks before your hearing date here: www.occourts.org. Simply go to Online Services/Probate Notes.

If you have concerns about the probate process, or about something that is brought to your attention in the probate examiner’s probate notes then it is important to get clarification promptly. In some cases you may be able to do that by contacting the probate court. However, in other cases you may also need the help of an experienced estate lawyer. To learn more about the proper implementation of an estate plan, please watch our free videos and browse our free library of articles.

 

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm