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How can I obtain a hearing to probate a will?

Los Angeles, CA |

I have the DE-310 form filled out and I'm ready to file it. However, I don't know the hearing date. I'm assuming the court will contact me with a hearing date upon receipt of this filed document.

Attorney Answers 3


  1. You'll need to prepare a Notice of Hearing (form DE-120)and bring it with you when you file your Petition to Determine Succession to Real Property. The court will file in the date, time and department or room. You must serve copies on all who are entitled to notice and file the Notice with the court once you have completed the proof of service.

    Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.


  2. I agree with Ms. Meagher-Leonard. If you plan to mail these forms to the Probate Court, make sure you two-hole punch them (or the forms will be returned to you unfiled!). Enclose extra copies for the Court to return to you "endorsed, file stamped". Also enclose a self-addressed, stamped envelope.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  3. Yes you are correct. Once you file the Petition to Determine Succession of Real Property (DE-310), the court will assign a hearing date.

    Also as the attorneys above have stated, you will also need to serve the Notice of Hearing (DE-120) on interested parties and file your proof of service with the court when you have served the parties.

    It is also important to note that the DE-310 is a small estates administration procedure used for estates involving real property and personal property valued at $150,000 or less. Therefore you will likely need to contact a probate referee to have an Inventory and Appraisal (DE-160) done on the estate to establish the value.

    A Petition for Probate of a Will (DE-111) is typically used for probate if the estate does not fall under an available small estate administration procedure.

    This answer is provided solely for informational purposes only. Any opinions stated in response to Avvo questions are based upon the facts stated in the question. This answer does not constitute legal advice, create an attorney-client relationship, and/or constitute attorney advertising in any form whatsoever.

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