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

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2 Lawyer Answers
Anthony M. Avery
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A: File a Motion To Set Trial with the Court. Serve all interested parties.

James L. Arrasmith
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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.

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