Disclaimer: This article does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When you’ve filed a probate petition but no hearing date appears on the court calendar, you must take steps to formally request and schedule a hearing under California law. Probate hearings follow procedures set out in the California Probate Code and local court rules.
1. Confirm Petition Filing and Fee Payment
First, verify that the clerk has accepted your Petition for Probate (Cal. Prob. Code § 8000). You also need to pay the required filing fee. Without accepted documents and fees, the court won’t set a hearing date.
2. Prepare Notice of Petition for Probate
Under Cal. Prob. Code § 8120, you must serve a Notice of Petition for Probate on all statutory heirs and interested parties. Use Judicial Council Form DE-121 (Notice of Petition for Probate). The notice must include:
- Court name, case number and judge;
- Date, time and location of hearing (leave blank until you secure a hearing date);
- Description of the relief sought;
- Deadline and method to file objections.
Link to Cal. Prob. Code § 8120: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8120&lawCode=PROB
3. Request Hearing Date from the Court Clerk
Contact the probate clerk’s office in the county where you filed. Explain that you filed a petition under Prob. Code § 8000 but received no hearing date. Ask for the next available probate calendar date. Clerks typically schedule hearings 30–60 days after petition filing.
4. Complete and File Proof of Service
Once you have a date, fill in the hearing information on Form DE-121 and personally serve or mail the Notice of Petition for Probate per Cal. Prob. Code § 1215. After service, complete Form DE-120 (Proof of Service of Notice of Petition) and file it with the court clerk.
5. Attend Your Probate Hearing
On the hearing date, bring originals of your petition, proof of service, and any required waivers or consents. Arrive early, check in with the clerk, and be prepared to answer the judge’s questions.
Key Statute: Petition requirements—Cal. Prob. Code § 8000.
Helpful Hints
- Keep a file folder with stamped copies of every document you file or serve.
- Double-check local court rules for zoom or in-person appearance guidelines.
- Serve notice at least 15 days before the hearing for personal service or 21 days for mail service.
- Use certified mail with return receipt for proof of service when possible.
- Follow up with the clerk in writing if you don’t receive a hearing date within two weeks of filing.
- Consider drafting a proposed order for the judge to sign on the hearing day to speed up the process.
By following these steps and citing the relevant statutes, you ensure your probate hearing is scheduled correctly and you comply with California procedures.