Amending My Petition Before the Hearing

Emily just lost everything. After her mother passed, she diligently prepared the petition for probate, painstakingly listing all assets and beneficiaries. Then, she discovered a previously unknown bank account – a significant sum her mother had quietly saved. Emily, thinking she could simply announce it to the judge at the hearing, arrived prepared…only to have her case dismissed. The judge, citing a lack of proper notice and a complete financial picture, ordered her to start the entire process over, costing her months of delay and thousands in additional legal fees.

As an estate planning attorney and CPA with over 35 years of experience here in Moreno Valley, I see these scenarios far too often. People assume a probate hearing is a casual discussion where they can “update” the judge on new information. It’s not. It’s a formal legal proceeding with strict rules. And while a small correction might be overlooked, a significant omission – like an undiscovered asset – can be devastating. My CPA background gives me a unique advantage in these cases. Understanding the implications of unreported assets on step-up in basis, potential capital gains taxes, and proper valuation is critical to protecting your clients’ inheritances.

What Happens If I Find New Assets After Filing My Petition?

Discovering previously unknown assets after you’ve filed your probate petition is surprisingly common. Maybe you find an old stock certificate, uncover a hidden bank account, or realize you overlooked a valuable piece of jewelry. The key isn’t to panic, but to act decisively and correctly. Simply hoping the judge won’t notice isn’t a strategy; it’s a recipe for disaster. You need to formally amend your petition before the hearing. This isn’t a matter of being “nice” to the court; it’s a legal requirement. The court needs an accurate and complete accounting of the estate’s assets to ensure proper distribution to the heirs.

How Do I Formally Amend My Probate Petition?

Amending your petition isn’t as simple as scribbling a note on the original document. You must file a formal “Amendment to Petition for Probate.” This document outlines the changes you’re making, specifically identifying the newly discovered asset, its estimated value, and any impact it has on the overall estate. Importantly, this amendment must be verified under penalty of perjury. That means you’re swearing that the information is true and correct to the best of your knowledge. Don’t underestimate the importance of accuracy. Even small errors can raise red flags and lead to further scrutiny.

What If I Realize I Need to Amend Right Before the Hearing?

Time is of the essence. If you discover the need to amend your petition very close to the hearing date, you absolutely must notify the court and opposing counsel immediately. Don’t wait until you’re standing in front of the judge to announce your amendment. A late filing, even if technically allowed, can create complications and potentially lead to a continuance (delay) of the hearing. The court might be understandably frustrated by the last-minute change, and it could reflect negatively on your case.

What About “Probate Notes” and Clearing Them Before My Hearing?

Most hearing delays are caused by uncleared “Probate Notes.” You cannot simply explain the issue to the judge in court; you MUST file a verified “Supplement to Petition” in writing at least 2-3 court days before the hearing to satisfy the Probate Examiner. These notes flag issues the examiner found during their review of your petition. Ignoring them won’t make them disappear – it will just postpone your hearing. Addressing these notes proactively demonstrates your diligence and helps ensure a smooth and efficient process.

What Happens If I Don’t Amend My Petition?

The consequences of failing to amend your petition can be severe. At a minimum, the judge will likely continue the hearing, giving you time to file the amended petition. However, depending on the nature of the omission and the judge’s discretion, the court could impose sanctions, including financial penalties or even dismissal of your case. In extreme cases, misrepresenting the estate’s assets could be considered fraud, leading to serious legal repercussions. Remember, honesty and transparency are paramount in probate proceedings.

What If I Need to Present Evidence of the New Asset at the Hearing?

Probate Code § 1022 states that standard probate hearings are generally not “live witness” events. An affidavit or verified petition is received as evidence. If you want to put a witness on the stand to testify, the judge will typically continue the matter to a set “Evidentiary Hearing” or trial date. So, while you can present documentation supporting the new asset at the hearing, don’t expect to question witnesses on the spot.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

California probate is designed to provide court-supervised transfer of property, yet cases often break down when authority is unclear, required steps are missed, or disputes arise over assets, notice, and fiduciary conduct. When the process is misunderstood, families can face avoidable delay, escalating conflict, and increased exposure to creditor issues, hearings, or litigation before the estate can close.

California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.

Verified Authority on California Probate Hearings

• Oral Objections (The “Stop” Button): California Probate Code § 1043
  This is the most important statute for beneficiaries. It grants an interested person the right to appear at the hearing and object orally to the petition. Once an oral objection is made, the court generally must continue the hearing to allow time for written objections to be filed.
• Remote Appearances (Zoom/CourtCall): California Code of Civil Procedure § 367.75
  Modern probate hearings are often hybrid. This code section governs the right to appear remotely. While convenient, note that the court can typically require a physical appearance for “evidentiary” hearings where witness credibility is being judged.
• Affidavits as Evidence: California Probate Code § 1022
  Unlike criminal court, probate hearings rely heavily on paper. A verified petition or an affidavit is admissible as evidence in an uncontested probate hearing. This is why “clearing your notes” in writing is more important than your oral argument.
• Notice of Hearing Requirements: California Probate Code § 1220
  The court’s jurisdiction depends on this. The petitioner must mail notice of the hearing at least 15 days in advance to all interested parties. If the “Proof of Service” is not filed or is defective, the judge cannot legally hold the hearing.
• Lodging the Proposed Order: California Rules of Court 3.1312
  A common rookie mistake is showing up without the paperwork. The “Proposed Order” (the document the judge signs) should generally be lodged with the court before the hearing. If the judge approves your petition but has nothing to sign, your Letters cannot be issued.
• Proving the Will (Witnesses): California Probate Code § 8220
  If a Will is contested, or if it is not “self-proving” (lacking a proper attestation clause), the court may require the testimony of a subscribing witness at the hearing to prove the Will is authentic.