Little Rock, AR asked in Probate for California

Q: How do I request a trial date in Probate court in CA?

I am contesting the will in CA probate case and can not find the information on how to request a trial date. Please email me your answer

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California Probate Court, when you're contesting a will and need to request a trial date, the process involves several steps. First, ensure that your contest or objection to the will is properly filed with the court. This involves submitting a written document outlining your grounds for contesting the will. Once your contest is on record, the next steps involve procedural motions and hearings that may lead up to a trial.

To officially request a trial date, you might need to file a Request for Trial Setting or a Notice of Trial Setting, depending on the specific requirements of the probate court in your jurisdiction. This document signals to the court that the case is ready to be tried and requests that a date be set. The exact form and the name of the document can vary, so it's important to check with the local probate court or its website for the correct form and procedure.

Additionally, it's beneficial to attend any case management conferences scheduled by the court, as these are opportunities to inform the judge that you believe the case is ready for trial and to request a trial date. If you're unsure of the process or the next steps, consider consulting with a legal professional who has experience in probate matters. They can provide guidance tailored to your specific situation and help ensure that you're following the correct procedures to advance your case towards trial.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Knoxville, TN

A: File a Motion To Set Trial with the Court. Serve all interested parties.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.