In Probate Court, must an "Order" verbally made at a hearing be subsequently provided in writing and signed by the Judge?

Asked almost 2 years ago - Grover Beach, CA

In probate court where the matter before the judge is focused on a petition by a beneficiary against the Trustee over delays in terminating the Trust, where the court has had no previous jurisdiction, does this one petition now place the entire administration of the Trust under the Court's jurisdiction? Does the court have the jurisdiction, without calling a hearing on a matter, to verbally "order" an action be taken by the Trustee (on opposing counsel's demands) under threat of sanctions, without subsequently providing a follow-up written order, signed by the Judge, filed with the court and properly served on the Trustee and involved parties?

Attorney answers (1)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    Answered . This is a question that cannot be answered without reference to the specific facts. Your own attorney is in the best position to advise you regarding the effect of any court orders.

    A probate court has jurisdiction to determine all issues which are raised by the petition. It is also presumed that a court acts within its jurisdiction when it makes an order.

    A written "follow-up" order is not always required particularly if the party is present in court when the order is made -- the minute order would suffice in most cases. Still, the party who brought the petition or who sought the order would probably submit a written order for the court to sign to be served on all parties entitled to notice.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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