Here is what I can do for your clients.
Where all of the beneficiaries of the trust and other interested parties are in agreement, nobody would contest (even someone with no standing), and an uncontested ex parte matter would be appropriate:
- Have all beneficiaries of the trust and other interested parties waive notice and consent to the petition;
- Draft the appropriate petition, waivers of notice of hearing and consents, and proposed order. [NOTE: If there are one or more minor beneficiaries or interested parties, incapacitated beneficiaries or interested parties, or unknown location beneficiaries or interest parties, then an ex parte Guardian ad Litem (GAL) will need to be appointed at the same time as the petition is Court. Typically, the Courts I work with require a member of the State Bar to be a GAL, and will be the one to waive notice consent to the petition;
- Circulate paperwork electronically or by mail to your client and trust beneficiaries for electronic signature [NOTE: An “urgent” ex parte may require wet ink signatures from everyone depending on the County];;
- Once completed, either e-file or hand carry and filed the completed ex parte petition with attachments and declarations depending on the County. San Mateo County and Contra Costa can be submitted in person, while Santa Clara County requires e-filing (unless “urgent”);
- Once order is signed by the Probate Court, then file the order with the Clerk, and obtain copy(ies) of the order (including certified copy(ies) if needed) for delivery to client or client’s attorney as directed.