Probate court laws protect the interests of individuals involved in probate court matters. These include the administration of an estate after someone dies, and the protection of the rights of minors or mentally incapacitated individuals.
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Procedures that can be used to manage the assets and debts of a decedent, and / or to obtain authority to distribute the assets to those entitled to receive them.
A guardianship is a court case in which a person who is not the parent of a child asks for custody of the child, the power to manage the child’s property, or both.
A conservatorship is a court case in which a judge appoints a family member, friend or other responsible person (called a conservator) to care for another adult who cannot care for him or herself (called a conservatee).
When a minor has a disputed claim for damages, money or other property and does not have a guardian of the estate, the following persons have the right to compromise, or execute a covenant not to sue on or a covenant not to enforce judgment on, the claim, unless the claim is against such person or persons:
- Either parent if the parents of the minor are not living separate and apart.
- The parent having the care, custody, or control of the minor if the parents of the minor are living separate and apart.
The compromise or covenant is valid only after it has been approved, upon the filing of a petition, by the superior court of either of the following counties:
- The county where the minor resides when the petition is filed.
- Any county where suit on the claim or matter properly could be brought.
- Any money or other property to be paid or delivered for the benefit of the minor pursuant to the compromise or covenant shall be paid and delivered in the manner and upon the terms and conditions specified in Chapter 4 of Probate Code Section 3600.
- A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered.
Petitions for Minor's Compromise filed in Riverside must be filed with the Probate Division
Petitions for Minor's Compromise filed in Indio must be filed with the Probate Division
Probate Trial Information
For trials in department 8, T1, or 1A, the litigants a re expected to do the following:
- Prepare a joint list of agreed facts.
- Each party shall prepare a list of witnesses and a list of exhibits, and serve these lists on all parties with copies of all exhibits 10 court days before the date of trial.
- Any trial motions must be served on all parties 10 court days before the date of trial.
Oppositions are due at the time of trial.
- On the date of trial, bring all court copies of the above documents to the trial
department along with 2 additional copies
For trials in other departments, please refer to the civil trial rules for the department.
For current information regarding your case, please visit our Public Access site where you can view your case online.
Applicability: Countywide Probate Division
All ex parte matters are to be submitted to the Probate Department pursuant to Local Rule 7130. All ex parte applications are to comply with California Rules of Court 3.1200 et. seq. (and in particular 3.1203 and 3.1204), 7.55, and (if applicable) 7.454. An optional form for Declaration Regarding Notice of Ex Parte Application can be found on the Court’s website under the link for local forms.
Applications for ex parte relief are to be submitted for filing at the probate clerk’s office located:
Riverside Probate Court
Temecula Probate Court
Applications filed by 11:00 a.m. in Temecula will be set for hearing at 10:00 a.m. in Department T1 the following day. If you have any questions or concerns, please contact the Riverside Probate Clerk’s Office at 951.777.3147.
46-200 Oasis Street
Indio, Ca. 92201
Applications submitted by noon will be set for hearing on the following day at 10:00 a.m. in Department 1A. If you have any questions or concerns, please contact the Probate Clerk’s Office at 760.393.2617.
Documents to be submitted: Ex-parte petition or application, supporting declarations and memo of points and authorities, declaration regarding urgency (may be included in application), proposed order, declaration regarding notice to any and all parties entitled to notice. Leave originals and at least one copy with the court.
Remember that 24-hour notice to parties is required for ex-parte hearings. Notice requirements are strictly observed by this court.
Guardianship matters require a 5-day personal service of notice on natural parents of minors, giving them 5 days to respond to the court. Minors who will come under the guardianship must be personally served with notice if they are age 12 or older.
Conservatorship matters require a 5-day personal service of notice upon the proposed conservatee.
How to Contact a Probate Examiner Regarding Probate Notes
After reviewing the probate notes on the website, you may email a probate examiner. (Email is checked daily and you should receive a response within 24 hours)
However, keep in mind the examiner may only answer procedural questions. Examiners may not give legal advice or advise you how to handle your matter.Email a Probate Examiner relating to Probate Notes
Pursuant to Probate Code 2340, the court no longer maintains a list of private professional fiduciaries. Private professional fiduciaries are now licensed by the Professional Fiduciaries Bureau pursuant to Probate Code 60.1. Contact information for the Professional Fiduciaries Bureau is provided below:
Professional Fiduciaries Bureau
Post Office Box 989005
West Sacramento , CA. 95798-9005
Telephone: 916.574.7340 Fax: 916.574.8645