San Diego Probate Court Implements Procedures to Reduce Probate Length
San Diego County implemented new procedures in the Probate Court with the goal of reducing wait times for hearings on the initial Petition for Probate. These new procedures can reduce the overall time it takes to complete Probate Administration if Petitioners and Practitioners are adequately prepared.
Initiating Probate
Probate administration begins with the filing of the initial Petition for Probate (DE-111). After the initial petition is filed, the Probate Court will set a hearing on the Petition to appoint a Personal Representative for the estate. Previously, scheduling a hearing on a Petition for Probate in San Diego could take a frustrating 3-4 months. But thanks to the recent implementation of the new procedures, wait times for the initial hearings can take place within one month.
Probate Code Section 8003(a)
This code section, enacted in 1990, states that hearing dates for initial Petitions for Probate shall take place within 15-45 days of filing. The San Diego Probate Court had not always adhered to this code section. Now, effective February 1, 2024, the court is working diligently to comply with this section, leading to significant reduction in waiting times for the initial Probate Petition hearing.
SDSC PR-198
San Diego County has introduced a new mandatory form, the Attachment to Initial or Competing Petition for Probate (SDSC PR-198), that must be submitted along with the initial Petition for Probate. This new form provides information regarding publication requirements, notice requirements, and Probate Examiner notes. It also allows Petitioners to request a hearing date either 15-30 days or 30-45 days from the time of the initial filing. Petitioners should ensure that this form is completed and filed along with any initial Petition for Probate.
Preparing for the Hearing
These new procedures require the diligence of Petitioners and Practitioners to ensure that all documents are properly prepared, all notices are timely filed, and all defects are cleared prior to the hearing. If there are any defects in the initial Petition or if notice is inadequate before the date of the hearing, the hearing may still be delayed.
Getting Ready for Your Hearing:
While the court is streamlining the process, remember, your active participation is crucial for a smooth and efficient hearing:
- Engage a qualified probate attorney: Navigating legal complexities requires expertise. An experienced attorney can guide you through the process, ensuring all requirements are met and potential issues are addressed promptly.
- Stay organized: Gather all necessary documentation well in advance.
- Communicate effectively: Maintain clear communication with your attorney, the court, and other involved parties.
- Be prepared: Ensure that all notice requirements are met and monitor the court’s website for any defects that must be cleared prior to the hearing.
Waiting Times for Hearings Can be Reduced:
The San Diego Probate Court’s commitment to efficiency is a welcome change for anyone navigating the probate process. By understanding the new procedures, actively preparing, and seeking professional guidance, you can potentially reduce wait times for the initial hearing. While these new procedures help to reduce unnecessary delays, Probate is still a long process that can take 1-2 years in California.
Remember, Naimish & Lewis is here to help! Contact our experienced San Diego probate attorneys for personalized guidance and support throughout your probate journey.
