Probate judge told me that he would consider dismissing a sanction fee in a conservatorship case, How to request this?

Question

I just need to know how this request should be submitted. Do I submit it as a Petition to the court as part of the Accounting? This method would avoid any filing fees. If not, how do I proceed?  Also, do I need to submit a proposed order, as well? Thanks in advance for any help

James L. Arrasmith · Answer

In California, if a probate judge has indicated a willingness to consider dismissing a sanction fee in a conservatorship case, you should proceed by submitting a formal request to the court. This can typically be done through a written petition or motion. 
 
If you are already submitting an Accounting in the conservatorship case, it may be possible to include your request to dismiss the sanction fee as part of that submission. This approach could be more efficient and might help you avoid additional filing fees. However, ensure that your request is clearly outlined and justified within the context of the Accounting document. 
 
Additionally, it's generally a good practice to submit a proposed order along with your petition or motion. A proposed order should clearly state the relief you are seeking – in this case, the dismissal of the sanction fee. This makes it easier for the judge to issue a ruling. 
 
Before proceeding, it might be beneficial to consult with the court clerk or a legal professional. They can provide specific guidance on the proper procedure and any local court rules that you need to follow. Remember, each case is unique, and following the correct procedure is essential for a successful outcome.

Q: Probate judge told me that he would consider dismissing a sanction fee in a conservatorship case, How to request this?