Detailed Answer
Gathering estate records through a court-ordered subpoena in California follows a defined process under the California Code of Civil Procedure. A personal representative, petitioner or interested party can compel third parties to produce records or testify under oath. Here’s how it works:
1. Verify Your Authority to Request a Subpoena
Under California Probate Code §58, a personal representative or any party in interest may conduct discovery in a probate proceeding. Probate matters are treated as civil actions for purposes of subpoenas (Prob. Code §58; CCP §1985 et seq.).
2. Choose the Correct Subpoena Form
- Subpoena duces tecum (for documents): Judicial Council Form SUBP-003.
- Subpoena for personal appearance (for testimony): Form SUBP-002.
These are available at www.courts.ca.gov/forms.
3. Prepare and Issue the Subpoena
- Complete the form, specifying the estate records needed.
- File a notice of intent or supporting declaration, if required by local rules.
- Submit the form to the probate clerk for signature and seal (CCP §2020.220).
4. Serve the Subpoena Properly
Service must follow CCP timelines:
- Personal service: at least 15 court days before the return date.
- Substituted or mail service: at least 25 calendar days if within California (CCP §2020.260).
File a proof of service with the court after serving the subpoena.
5. Address Objections and Enforcement
If the subpoenaed party objects or refuses to comply, you may:
- File a motion to compel production under CCP §2020.300.
- Request a protective order under CCP §2025.420 to limit scope.
- Seek contempt sanctions under CCP §1989 for non-compliance.
Once the party produces the records or appears to testify, you may use those documents or testimony in the probate case to establish asset values, beneficiary entitlements or to resolve disputes.
Helpful Hints
- Start early: Factor in service and objection deadlines.
- Check local rules: Counties may have specific form or filing requirements.
- Be precise: Clearly describe documents to avoid relevance objections.
- Keep proof: Always file a proof of service to validate the record.
- Consider counsel: Subpoena disputes can delay estate administration.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.