Little Rock, AR asked in Probate for California

Q: I am representing myself in a probate case in CA and contesting a will. How do I write a Motion requesting a trial date

I am stating in the Motion that “In the above will contest proceedings, the discovery deadlines have passed and I am prepared to move forward with this case in a trial setting.” Does this sound correct?

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James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: To request a trial date in a California probate case where you are contesting a will and representing yourself, you need to file a "Request/Counter-Request to Set Case for Trial - Probate" form (DE-150). Here's how you can proceed:

1. Fill out the DE-150 form, which you can find on the California Courts website.

2. In the form, you'll need to provide information about the case, the parties involved, and the estimated length of the trial.

3. In section 4 of the form, you can state that the discovery deadlines have passed and that you are prepared to move forward with the trial. Your proposed statement sounds correct, but you may want to be more specific, such as:

"In the above-mentioned will contest proceedings, the discovery deadlines set by the court have passed, and I, [Your Name], the contesting party, am prepared to proceed with this case in a trial setting."

4. File the completed form with the probate court where the case is being heard.

5. Serve copies of the filed form to all other parties in the case or their attorneys, if represented.

After filing the request, the court will either set a trial date or schedule a case management conference to discuss the trial's scheduling and any remaining issues.

It's important to note that probate litigation can be complex, and representing yourself may be challenging. Consider seeking legal advice from an attorney experienced in probate matters to ensure your rights and interests are fully protected.

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