Probate Ex Parte Procedures

GENERAL PROCEDURES:

The court will only consider ex parte applications, if the applicants have 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 petitions for ex parte orders with supporting documents, proof of service and orders must be delivered to the designated box in the Probate Clerk's Office no later than 2 p.m. the day before the hearing except for temporary conservatorships (See below).

Noticed and contested ex parte petitions are heard Monday through Thursday at 10:30 a.m. in Dept. L73.

Attorneys should appear in the designated department on the scheduled date and at least 15 minutes before the scheduled time of hearing, advising the clerk that the petition has been scheduled for that date/time and whether or not anyone is present to oppose the petition.

Noticed and Contested ex parte petitions:

• requires notice to all parties who would have an interest in the ex parte petition
• 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 petitions for Appointment of Temporary Conservator:

• the petition for temporary conservator must be submitted with a conformed copy of the petition for appointment of a general conservator with the assigned case number and the proposed temporary order
• 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 consservatee at least 5 days before the date selected to appear ex parte (Prob. Code 2250.2 (c))
• requires 5 days notice on the person persons required to be named in the petition for appointment of conservator (Probate Code 2250(e)(2))
• If seeking to shorten or waive the required notice, applicant must follow California Rule of Court 7.1062 and a seperate declaration must be submitted detailing the immediate and substantial harm to the proposed person and/or estate that could occur during the notice period if the 5 day 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 was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary only for the time tto give notice and will require you to return after the required notice is given.
• appearance of the Conservatee is required at hearings for Temporary Conservatorships with limited exceptions (Probate Code 2250.4)

Ex parte petitions for Appointment of Temporary Guardian:

• the petition for temporary guardian must be submitted with a comformed copy of the petition for appointment of a general guardian with the assigned case number, proofs of service, and the proposed temporary order
• 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 or over, at least 5 days before the date selected to appear ex parte
• 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 for 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 selected to appear ex parte
• the court may require notice to other persons
• if seeking to shorten or waive the required notice, applicant must follow California Rule of Court 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 if the 5 day 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 petitions for Special Letters of Administration:

• see Orange County Rule of Court 603.01
• the petition for a Special letters must be submitted with a conformed copy of the petition for appointment of a general personal representative, proofs of service and order
• 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, at least 5 days prior to date selected to appear ex parte

Ex parte petitions that are not noticed or contested:

Petitions for ex parte orders with supporting documents, method of return, and orders must be delivered to the designated box in the Probate Clerk's Office for review and action by the court. All ex parte petitions when submitted must include a means of return which may be one of the following:

• an atttorney service buckslip
• a self addressed stamped envelope with sufficient postage