Legal Question in Wills and Trusts in California

I am in court, in pro per, attempting to resolve my [deceased] fathers' estate. I have a petition filed for Letters of Administration and have a second petition filed for the trust, because the probate examiner told me the court could not review the trust in the first petition filed. My question is, I have two court dates, 3 months apart. Can I file a paper asking the court to hear the trust matter (filed second) on the same date as the petition for letters of letters of administration is reviewed? The court clerk stated she could not tell me the form I need to file requesting the court date for the second petition be expedited for hearing with the first. The date of the first petition is scheduled on a day the court also hears matters on trust matters. What can I do? I am located in Alameda County, CA.


Asked on 4/23/15, 1:52 pm

2 Answers from Attorneys

Scott Jordan Jordan Law Office

I guess the first question is why are you filing probate when there is a trust? Is there property not held in the trust? Is a bank making you do this?

What is the petition for the trust trying to resolve? In other words, what is the dispute?

Is there anyone opposing the probate? Are there competing individuals trying to be name administrator of the probate estate? If not, you can file a request to continue the probate hearing to the later trust hearing date.

What I am really trying to see here is the I would need more information from you to know how to work with the court and streamline the process. Alameda County is very difficult to work with and even seasoned attorneys have trouble in that court.

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Answered on 4/23/15, 2:05 pm
Charles Perry Law Offices of Charles R. Perry

I suppose you could file an application to advance the hearing on the trust petition. That, however, would require the drafting of specific papers -- there is no form. You would have to give notice to everyone, and got to court just to get the hearing advanced. I suspect it is more trouble than it is worth.

I am surprised you have a petition as to the trust. Unless there is more to your situation, this makes no sense to me. I suggest you meet with a lawyer experienced in probate and trust matters for assistance. You may actually be making this more complicated than it needs to be.

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Answered on 4/23/15, 2:10 pm


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