San Diego County Probate News

Probate news often does not rattle the legal world, compared to criminal cases, high-profile divorce battles, and the like.  There is a change in procedure and proposed orders in San Diego County which, to the competent attorney, is not too big a deal.  However, to the self-representing ("pro per") litigant, this little change in rules may result in having to continue a matter for 30 to 60 days to correct.

Commencing January 1, 2015, San Diego Probate Jurisdiction requires an Order on a Motion or Petition be filed, and/or presented at the hearing date before the case is called, or the matter will not be heard.  Many jurisdictions allow a party who has prevailed on their motion or petition to provide an order for the judge to sign after the order is made (many self-represented litigants do not remember to bring in a proposed order).  No longer will this happen in San Diego.  You can find a copy of the Notice here.  

If you don't bring in a copy of a proposed order, the Court shall simply use a minute order created by the Court.  Minute orders sometimes may miss the fine details, or state erroneous terms due to mistake or error that results in you having to return to Court, often on another costly Motion or Petition to correct.   

Having the proper counsel at your side can make a big difference in your probate matter.  Counsel generally can keep up with the latest local rules, and between the six southern California counties (Ventura, Los Angeles, San Diego, Orange, Riverside, and San Bernardino), each has its own quirks and local rules requiring complete compliance.  Call my office today to discuss your probate matter (yes, we do practice outside of Riverside and San Bernardino county).