Effective July 15, 2019, the Probate and Mental Health Division will implement changes to the Appointment of Probate Referee process. In addition, the Court is mandating the use of specific forms as described below.
Probate referees will be randomly selected by accessing the State Controller’s authorized list, unless a specific probate referee is appointed for good cause.
The name of the appointed probate referee will be announced during the hearing and will be included in the minutes. Counsel/litigants are instructed to include the name of the probate referee in the proposed order prior to submitting it to the Court for processing.
Mental Health Appointments
Proposed orders are to be submitted as “drop-off” documents to the Mental Health Clerk’s Office. If applicable, the probate referee will be randomly selected and the proposed order will be forwarded to the bench officer for final review and determination.
Proposed Order Forms
One of the following proposed order forms must be used:
• A proposed order drafted on pleading paper
• JCC Form DE-140 – Order for Probate
• JCC Form GC-240 – Order Appointing Guardian or Extending Guardianship of the Person
• JCC Form GC-340 – Order Appointing Probate Conservator
• LASC MH 047 (New Form) – Application and Order Appointing Probate Referee Lanterman-Petris-Short Act Conservatorship (for use in mental health cases only)
• LASC XLIT 008 (New form) – Application and Order Appointing Successor Probate Referee (for use in probate and mental health cases)
Note: PRO 001 – Application and Order Appointing Probate Referee is obsolete and should not be used.
Categorized in: Legal Procedure
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