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Petition

Petitions are set for hearing at the time of filing and are not reserved ahead of time. See Probate Filing Fees for information regarding petition fees.

Ex Parte

Please see Ex Parte Procedures. See Probate Filing Fees for information regarding petition fees.

Mental Health

See the Probate Calendar Schedule located on this page for hearing days, times and department

Motion

See the Probate Calendar Schedule located on this page for information regarding days, times, and departments for motions. See Probate Filing Fees for information regarding fees.

Mandatory Settlement Conference

Mandatory Settlement Conference and trial dates are set by the court in the course of the action.

Probate Ex Parte Procedures

GENERAL PROCEDURES:

The court will only consider ex parte applications if the applicant has made an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or statutory basis for granting ex parte relief. CRC 3.1202(c).

All ex parte applications with supporting documents, proof of service and orders must be eFiled not later than 10:30 a.m. the day before the hearing except for Temporary Conservatorships and Temporary Guardianships (see below). Please be advised that if your ex parte application is not submitted by the 10:30 a.m. deadline, it will be scheduled for the next court day.

When eFiling the ex parte, please be sure to choose the Filing Type of Ex Parte which will assist the clerk’s office in processing expeditiously.

    Important Ex Parte notice Information!
  • Effective 06/11/20 all ex parte applications will be non-appearance and submitted on the papers. The outcome of the ex parte application will be sent to the parties involved via electronically or U.S. mail depending on the initial filing method.

Noticed and Contested Ex Parte Applications:

  • Requires notice to all parties who would have an interest in the ex parte application
  • A declaration stating facts relating to the efforts to give notice, if any, or facts supporting the conclusion that it was impossible to give notice, must be submitted before the hearing.

Ex Parte Applications for Appointment of Temporary Conservator:

  • The petition for temporary conservator must be submitted with or before the filing of a general petition for general conservator.
  • The ex parte will be set for hearing one week after the date of submission of the ex parte documents to allow for court investigation.
  • A completed “Notice of Hearing” (Judicial Council form GC-020) is required and must have been personally served, together with a copy of the petition, on the proposed conservatee at least 5 court days before the date of the non-appearance ex parte proceedings. (Probate Code section 2250, 2250(e)).
  • If seeking to shorten or waive the required notice, applicants must follow California Rules of Court, rule 7.1062 and a separate declaration must be submitted detailing the immediate and substantial harm to the proposed person and/or estate that could occur during the notice period in the 5 days required notice was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary

Ex Parte Applications for Appointment of Temporary Guardian:

  • The petition for temporary guardian must be submitted with or before the filing of a general petition for general guardianship.
  • A completed “Notice of Hearing” (Judicial Council form GC-020) is required and must have been personally served together with a copy of the petition, on the minor, if the minor is 12 years of over, at least 5 court days before the date of the non-appearance ex parte proceedings.
  • If the petition is by persons other than the parents and if the parents of the minor are living, a completed “Notice of Hearing” (Judicial Council form GC-020), together with a copy of the petition, is required and must also have been personally served on such parents at least 5 days before the date of the non-appearance ex parte proceedings.
  • The court may require notice to other persons.
  • If seeking to short or waive the required notice, applicants must follow California Rules of Court, rule 7.1012 and a separate declaration must be submitted detailing the immediate and substantial harm to the proposed person and/or estate that could during the notice period if the 5 court days required notice was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary only for the time to give notice and will require you to return after the required notice is given.

Ex Parte Applications for Special Letters of Administration:

  • See Superior Court of Orange County, Rule 603.01
  • The Petition for “Special Letters of Administration” must be submitted with or before the filing of a petition for appointment of a general personal representative, proofs of service and order.
  • A completed “Notice of Hearing” (Judicial Council form DE-120) is required and must have been personally served, together with a copy of the petition, at least 5 court days before the date of the non-appearance ex parte proceedings.

Ex Parte Applications that are not noticed or contested:

Applications for ex parte orders with supporting documents, and order must be eFiled for review and action by the court.

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