Probate,
Civil Procedure
May 15, 2025
Goebner clarifies California probate court demurrer deadline
Goebner confirms that in probate court, the deadline to file a demurrer is any time at or before the hearing, rather than within 30 days of service of the petition, as would be required in civil actions.
Matt Owens
Partner
Sheppard Mullin Richter & Hampton LLP
Private Wealth and Fiduciary Litigation Practice Group
The intersection between probate rules and civil rules enriches probate litigation and keeps trust and estate litigators on their toes. A foundational rule in probate court is that "rules applicable to civil actions" apply in probate court, unless the Probate Code provides its own rule. (Prob. Code, § 1000, subd. (a).) The demurrer deadline presented a wobbler. The Probate Code tells us that respondents can present their objection any time at or before the hearing on the peti...
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