So you’ve filed your petition with the probate court. There are many things that you need to do after you start a case in the probate division of the Los Angeles County Superior Court (LASC) in California. That’s the only court division there that handles cases involving probate estates of decedents, conservatorships of incapacitated adults, and trusts subject to court supervision or legal dispute. It also handles all guardianships of minors in need of someone to manage their affairs and all minor’s compromise cases.
You filed your initial petition or other pleading with the probate court already. Now what do you do?
You need to learn the “rules of the road”, so to speak. You need to follow the requirements of at least four sets of rules:
- California Probate Code;
- California Code of Civil Procedure;
- California Rules of Court; and
- Los Angeles Superior Court Local Court Rules.
California Probate Code
The California Probate Code is a body of statutes. They provide the rules for all manner of things in the probate courts across California. They state the requirements of everything from the steps of a probate decedent’s estate court proceeding to the people who need to receive notice of a petition for appointment of a conservator.
California Code of Civil Procedure
The California Code of Civil Procedure provides general rules of court procedure for all California cases, including the probate division. Some of the procedural rules of the California Probate Code refer to the California Code of Civil Procedure.
Otherwise, you won’t normally need the California Code of Civil Procedure unless your case requires discovery. Discovery is a formal process that parties to a court case, normally when litigated, use to exchange information.
California Rules of Court
The California Rules of Court exist to standardize the ways that courts manage their cases across all of California. For probate cases, Title 7 (Probate Rules) is most applicable.
Los Angeles Superior Court Local Court Rules
Finally, you’ll need to comply with the Los Angeles Superior Court Local Court Rules. Many courts have local rules that they use to manage cases of only their court. The Los Angeles County Superior Court probate division is no different. You’ll need to pay close attention to Chapter 4 (Probate Division Rules).
Probate Court Help from an Experienced Los Angeles County Probate Attorney
Navigating these rules is an enormous task for the inexperienced. Failing to follow one important rule could lead to extra work or delay. It also could result in the court refusing to do what you’re asking the court to do.
Hiring an attorney with experience in the Los Angeles County probate court helps you avoid wasting a lot of time. In addition, the advice and guidance of an attorney experienced with probate court cases is invaluable for attaining your goals in cases involving probate estates of decedents, conservatorships of incapacitated adults, trusts subject to court supervision or legal dispute, guardianships of minors in need of someone to manage their affairs, and minor’s compromises.
Probate Court Experience
At Meinzer Law Firm, P.C., we have over 20 years of experience in the Los Angeles County probate court. Contact Meinzer Law Firm, P.C., in Torrance to assist you with your Los Angeles County probate court case.