Users' questions

What happens with summary judgment?

What happens with summary judgment?

A summary judgment is a ruling by the court without a trial. Once the court enters summary judgment in favor of a party, the case is over, just as it would have been after a trial, and the losing party may either accept the judgment or appeal it.

When can estate assets be distributed?

Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.

Is the California Superior Court still a probate court?

The Probate Court had been a court of limited jurisdiction. • Following abolition of the Probate Court as a separate court, the California courts managed to retain limited jurisdiction concepts for probate matters by creation of the concept of the “Superior Court sitting in probate.”

What do probate judges expect in the Los Angeles probate?

Probate judges expect civility among lawyers in the estate court system. After all, we do not have an emotional stake in the case. One of the reasons people have lawyers is that the attorney can help defuse the emotional undertones of the case.

When was the Probate Court abolished in California?

The source of this controversy is a combination of history, combined with the practical consequences of having two sets of procedures. • The Probate Court was abolished as a separate court in California in 1879. 18 Cal L Revision Comm’n Reports 1281 (1986). The Probate Court had been a court of limited jurisdiction.

Why was a case dismissed in probate court?

The Superior Court sitting in probate dismissed the case on the grounds of lack of jurisdiction and the appellate court affirmed.

Which is the official record for probate in California?

The Superior Court of Sacramento County has designated the electronic record as the official record for all Probate cases with activity after February 5, 2007. California Rules of Court differentiate between access to electronic documents via the internet and access to electronic documents at the courthouse.

How do you file for probate in California?

Someone, called “the petitioner,” must start a case in court by filing a Petition for Probate (form DE-111). The case must be filed in the county where the person who died lived (or if the person lived outside of California, in the California county where that person owned property). The Petition for Probate has different options, like:

When is a motion for summary judgment heard in California?

A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise.

Who is the estate representative in a probate case?

If the case has to go through a formal probate court case, then the court appoints an administrator to be the estate representative. If someone dies without a will, the law gives a priority list for who should be the administrator. You can find the full list in Probate Code §8461.