Requesting a Continuance for My Hearing

Emily just received a notice of hearing for her mother’s probate, and she’s panicked. She’s a nurse working 12-hour shifts, and the hearing is scheduled for 8:30 AM on a workday—a time she absolutely cannot attend. Now, she’s facing the potential of the court moving forward without her, and the estate could be mismanaged, costing her siblings and herself thousands of dollars in lost assets.

As an estate planning attorney and CPA with over 35 years of experience here in Moreno Valley, I see this situation arise frequently. People get caught off guard by the probate process, and life inevitably interferes with court schedules. While probate can feel rigid, there are ways to address conflicts and ensure your voice is heard. Let’s talk about requesting a continuance and protecting your inheritance.

What Exactly is a Continuance?

A continuance simply means asking the court to reschedule a hearing to a later date. It’s not a right, but a courtesy the court may grant. Judges are busy, and courts have packed dockets, so a well-reasoned request is crucial. Simply stating you are unavailable is rarely enough.

What are Valid Reasons for Requesting a Continuance?

The court will consider a variety of reasons, but several are more compelling than others. Illness – either your own or a close family member’s – is a strong justification. Conflicting work schedules, like Emily’s, are common, but you need to demonstrate a genuine hardship. For example, explain that missing work would result in lost wages or potential job loss. Travel arrangements, especially pre-booked, non-refundable trips, can also be a valid reason. However, avoid vague statements like “personal obligations.” Be specific and provide supporting documentation whenever possible.

How Do I Formally Request a Continuance?

Don’t wait until the last minute! The sooner you act, the better. The appropriate method is a written “Request for Continuance” (Form FL-340) filed with the court. This form requires you to state the reasons for your request, propose new dates that work for you, and indicate whether opposing counsel agrees to the continuance. Crucially, you must serve a copy of the request on all other interested parties in the case – the other beneficiaries, the executor, etc. – and file proof of service with the court. Failing to properly serve the request is a common error that can lead to denial.

What if the Other Party Objects to My Request?

If the other party opposes your continuance, the court will likely schedule a hearing to determine whether to grant it. At that hearing, you’ll have the opportunity to present evidence and arguments in support of your request. Be prepared to explain why a continuance is necessary and how it won’t unduly prejudice the other party.

What if I Completely Miss the Hearing?

Missing a hearing without obtaining a continuance is a serious mistake. Probate Code § 1220 states that if you weren’t properly notified (meaning the Notice of Hearing wasn’t mailed to you at least 15 days before the hearing, and a Proof of Service is filed), the resulting order may be void. However, even with proper notice, missing the hearing can lead to adverse judgments against you. The court will likely proceed with the case as if you do not object, potentially approving actions you would have opposed.

What About Remote Appearances?

Thankfully, California law has adapted to modern challenges. Code of Civil Procedure § 367.75 permanently allows for remote appearances in probate hearings—via Zoom, for example—with proper notice. This can be a lifesaver for those with work conflicts or travel restrictions. However, the judge retains the discretion to require personal appearances for evidentiary hearings or trials.

What Role Does a CPA-Attorney Play in Handling Continuances?

My combined background as an attorney and CPA gives me a unique perspective. I understand not only the legal ramifications of probate but also the tax implications of asset distribution. A small delay in a hearing can sometimes allow for better tax planning, such as maximizing the step-up in basis for inherited assets, minimizing capital gains, and ensuring accurate valuations. These factors can significantly impact the overall inheritance your family receives.

What determines whether a California probate estate closes smoothly or turns into litigation?

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.

• Escalation: Prepare for probate litigation if agreement fails.
• Document Challenges: Understand the grounds for will contest process.
• Cross-Over: Navigate complex probate and trust disputes.

A stable probate administration outcome usually follows from clarity, consistency, and readiness for court review, especially when multiple stakeholders and competing interpretations are involved. When documentation supports enforcement and timelines are respected, families are less likely to face preventable escalation.

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.