Probate Notes & Tentative Rulings
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Probate Notes:
In San Joaquin County, the probate examiners review the pleadings and court documents in each case filed in probate. The examiners then create a list of procedural and/or legal issues that need correction and/or further explanation, this list is referred to as a “Probate Note.” The Probate Note also delineates anything that remains to be filed, or which appears to be omitted from the documents. The Probate Note is posted on the Court’s website approximately 10-15 days prior to the court hearing in each case.
To clear the Probate Notes, at least 1 week before the hearing, the Petitioner must file the necessary documents and/or a declaration responding to the Probate Notes. Documents can be eFiled, left in the drop box in front of the courthouse from 8 am to 4 pm, or mailed. If Probate Notes have not been addressed before the hearing, the matter will be continued to the next available date to give the parties time to address the Probate Note.
More information regarding clearing probate notes is available in a handout titled Checking and Clearing Probate Notes Handout, available on our website.
Tentative Rulings
The following tentative ruling procedure is in effect for CIVIL cases beginning May 4, 2020 until further notice from the Court.
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument.
The following tentative ruling procedure is in effect for PROBATE cases beginning September 1, 2020 until further notice from the Court.
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at probatecourtclerks@sjcourts.org that they intend to appear in person or telephoniclly no later than 4:00 PM on the day before the scheduled hearing. The Case Number must be in the header of the email. The email must include the Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and a declaration that they have already informed the opposing party’s counsel or unrepresented party. Unless the Court and opposing counsel or unrepresented parties have been notified, the tentative ruling shall become the ruling of the Court without oral argument.