Appearance Required in Probate Notes

Allen just lost everything. After his mother passed, he diligently prepared the probate petition, gathered the assets, and even managed to navigate the initial filing. But then came the “Appearance Required” Probate Note – a cryptic message from the court demanding personal attendance at a hearing he thought he could handle remotely. He’d already scheduled critical business meetings, and now faces potential delays, legal fees, and the agonizing uncertainty of a contested hearing. He’s facing $5,000 in unexpected costs just to be present.

As an Estate Planning Attorney and CPA with over 35 years of experience here in Moreno Valley, California, I see this scenario play out far too often. Clients assume probate is a paper process, and they’re shocked when the court demands they physically appear. Understanding these “Probate Notes” – and how to address them – is critical to a smooth administration.

What Exactly Is a Probate Note?

These aren’t formal court orders, but internal memos from the Probate Examiner reviewing your filings. Think of it as the court raising a flag – signaling a question or concern. They cover everything from missing documents and unclear asset valuations to requests for further information about potential heirs. Ignoring them is a recipe for disaster.

However, many clients misinterpret their meaning, assuming they’re insurmountable hurdles. Often, they are easily resolved with a targeted response. The key is understanding how to respond effectively.

How Do I Respond to an “Appearance Required” Note?

This is the most common and frustrating note. Clients believe it means they must personally appear in court, disrupting schedules and incurring significant travel expenses. While it’s true the judge retains discretion to require personal appearances, especially for evidentiary hearings or trials, Code of Civil Procedure § 367.75 now permanently allows for remote appearances in probate hearings, provided you give proper notice.

The problem? The court doesn’t automatically know you want to appear remotely. Simply stating your preference during a hearing is not enough.

The “Secret” Step: Supplement to Petition

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. This document specifically addresses the note, explains your position, and states whether you intend to appear remotely or in person. Include a statement like, “I respectfully request permission to appear remotely via Zoom, pursuant to Code of Civil Procedure § 367.75.”

This proactive approach demonstrates respect for the court and increases the likelihood of a favorable ruling on your remote appearance request.

What if the Note Concerns Valuations or Assets?

As a CPA, I understand that accurate asset valuation is crucial. Probate Notes frequently challenge the values you’ve declared. The court wants reassurance that the estate is being handled responsibly and that taxes will be correctly assessed. This is where my dual credential becomes invaluable.

The benefit of a “step-up in basis” is often overlooked. Proper valuation establishes that new cost basis for beneficiaries, minimizing future capital gains taxes. Ignoring a valuation request, or providing inadequate documentation, can lead to penalties and lost tax benefits. Provide supporting documentation like bank statements, appraisals, and brokerage statements to substantiate your numbers.

What Happens at the Hearing if There Are Still Notes?

Standard probate hearings are generally not “live witness” events. An affidavit or verified petition is received as evidence. Probate Code § 1022 outlines this procedure. 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.

However, if the Judge still has unresolved notes they will require a further explanation and can delay approval of your petition.

Can I Object to a Ruling at the Hearing?

Yes, you can. Probate Code § 1043 allows you to object orally to a ruling at the first hearing. The court must then grant you a continuance (usually 30 days) to file your written objection. However, this creates delays and increases legal fees. It’s far better to address concerns proactively through the “Supplement to Petition.”

What About the Final Order? Who Prepares It?

Many clients are surprised to learn the judge generally doesn’t write the order for you. The prevailing party is responsible for preparing the ‘Proposed Order’ and lodging it with the court before the hearing. California Rule of Court 3.1312 details this requirement. If the judge grants your petition but there is no Order in the file to sign, you leave with nothing.

What if I Miss a Hearing?

Missing a hearing can have serious consequences. Probate Code § 1220 states that if you weren’t properly notified, the order may be void. The petitioner has a strict duty to mail the Notice of Hearing (Form DE-120) to all interested persons at least 15 days prior. A ‘Proof of Service’ missing from the file will stop the hearing immediately.

How do enforcement rules in California probate court shape outcomes for heirs and fiduciaries?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

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.