Skip to main content.

Probate Ex Parte Procedures

Probate Ex Parte General Procedures

All ex parte applications are to comply with California Rules of Court 3.1200 et. seq. (and in particular 3.1203 and 3.1204), 7.55, and (if applicable) 7.454.

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)).

When e-filing the ex parte application, please be sure to choose the filing type of ex parte which will assist the clerk’s office in processing your documents expeditiously.

Important Ex Parte notice Information!

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 either electronically or by U.S. mail depending on the initial filing method. Please see the section below regarding required notice language.

Filing, Notice, and Service Requirements:

• The department listed on the ex parte notice must be “Probate – XP”.

• Except where the court specifically declares otherwise, all notices must state that the ex parte application will be considered and ruled on in chambers based on the papers, without hearing or oral argument. Parties are not to make an in-person or remote appearance.

• All ex parte applications with supporting documents, proof of service and orders must be electronically filed and served on all persons entitled to notice no later than 10:00 a.m. the day before the hearing except for Temporary Conservatorships, Temporary Guardianships, and Letters of Special Administration with General Powers or General Powers with IAEA Powers (see below). Please be advised that if your ex parte application is not submitted by the 10:00 a.m. deadline, it will be scheduled for the next court day.

• Notice via email alone is insufficient, unless a consent to email notice signed by the receiving party has been filed with the court.

• Notice and service requirements are strictly observed by this court.

• Guardianship matters require personal service of notice at least 5 court days before the hearing date on legal parents of minors, giving them 5 court days to respond to the court. Minors who will come under the guardianship must be personally served with notice if they are age 12 or older. Revised 1/30/2023

• Conservatorship matters require personal service on the proposed conservatee at least 5 court days before the hearing date.

• A petition for Letters of Special Administration with General Powers or General Powers with IAEA Powers requires 15 days’ notice and publication. (Please note that a request for IAEA Powers with Letters of Special Administration also requires a request for General Powers.)

 

Back to top

Opposition Filing and Service Requirements:

Any written opposition to an ex parte application must be electronically filed and served on all persons entitled to notice by 10:00 a.m. the day of the ex parte hearing.

Length Restrictions and Electronic Bookmarking Requirements:

An ex parte application or opposition may not exceed 10 pages. The page limit does not include the caption page, exhibits, declarations, attachments, the table of contents, the table of authorities, or any proof of service.

An application that exceeds 5 pages must state in the opening paragraph the relief requested by the order being sought and the grounds for issuance of the order.

A party may apply to the court ex parte for permission to file a longer application. The application must state the reasons why the argument cannot be made within the stated limit.

All attachments and exhibits must be electronically bookmarked. Any citation to a specific section or page in an attachment or exhibit must have its own unique bookmark. Filings that do not contain electronic bookmarks may be denied on this basis.

Ex Parte Applications for Appointment of Temporary Conservator:

  • The petition for temporary conservatorship must be submitted with or after the filing of a general petition for conservatorship.
  • The ex parte will be set for hearing one week after the date of submission of the ex parte documents.
  • 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 ex parte proceedings. (Probate Code sections 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 if the 5 days’ required notice were to be given.

Ex Parte Applications for Appointment of a Temporary Guardian:

  • The petition for temporary guardian must be submitted with or after the filing of a general petition for guardianship.
  • The ex parte will be set for hearing one week after the date of submission of the ex parte documents.
  •  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 ex parte proceeding.
  •  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 ex parte proceeding.
  •  The court may require notice to other persons.
  •  If seeking to shorten 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 were to be given.

Ex Parte Applications for Special Letters of Administration:

  • Parties must comply with Local Rule 603.01 of the Superior Court of Orange County.
  •  Any ex parte petition for Letters of Special Administration must be submitted with or after the filing of a petition for appointment of a general personal representative.
  •  A completed Notice of Hearing (Judicial Council form DE-120) and an order must be submitted with the ex parte petition for Letters of Administration
  •  An ex parte petition for Letters of Special Administration with General Powers requires 15 days’ notice and publication. (Probate Code sections 8545(a), 8003.)
  •  A request for IAEA Powers with Letters of Special Administration also requires a request for General Powers. (Probate Code section 10405.)
  •  An ex parte petition for Letters of Special Administration seeking only special powers will be set for hearing one week after the date of submission of the ex parte documents. For any ex parte petition for Letters of Special Administration seeking only special powers, 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 ex parte proceedings on the persons listed in Local Rule 603.01.

Ex Parte Applications that are not noticed:

Only the following types of documents are accepted as non-noticed ex partes:

• Application for summary distribution of estate per Probate Code section 7660;

• Application to waive accountings per Probate Code section 2628;

• Application for approval of sale of personal property (Probate Code section 2591); Revised 1/30/2023

• Application for nunc pro tunc order to correct clerical errors that are visible in the court’s records.

• Application for authority to sell securities (Probate Code section 2591);

• Application to complete capacity declaration (Judicial Council Form GC-333);

• Application for appointment of a qualified attorney or other professional fiduciary as Guardian Ad Litem (Judicial Council Form DE-350)

• Application to increase bond (Probate, Conservatorship, and Guardianships)

• Application for issuance of citation;

• Application for issuance of summons;

• Application for authorization to pay burial expenses;

• Application for transfer of funds;

• Application for withdrawal of funds from blocked account;

• Application for appointment of a probate referee (Probate Code section 8921)

• Application and order for publication of summons or citation. The court retains the discretion to require notice to all parties. Applications for ex parte orders with supporting documents and a related order must be filed for review and action by the court.

Back to top