COVID-19 Court Information

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Probate Procedures During Emergency Conditions

The Court resumed hearing all probate matters beginning June 17, 2020. The Court encourages the use of remote appearances at probate hearings using acceptable electronic platforms provided by the Court.

All probate hearings that were scheduled between March 18, 2020 through June 10, 2020 and reset due to the Court’s closure at that time remain eligible for use of the Emergency Agreement protocols set forth below. These protocols permit the court to rule on a filed petition without a hearing, but review is at the court’s discretion. If the court takes no action on the Emergency Agreement, the matter will remain on calendar for determination at the scheduled hearing.

General Process for Emergency Agreement to Waive Hearing and Submit Matters on the Papers:

  1. E-file an Emergency Agreement to Waive Hearing and Submit on Papers. Depending on the nature of the petition, the request must comply with the below requirements.
  2. Send a copy of the Emergency Agreement to emergencyprobate@monterey.courts.ca.gov.
  3. Court will then review the matter again and either issue an order on the merits and vacate the rescheduled hearing date, or keep the matter scheduled for the future hearing date.
  4. Any interested person (as defined by Probate Code § 48) who does not sign the Emergency Agreement may file a written objection to the petition/application no later than 60 days following the Court’s order, and the Court will set the matter for hearing on reconsideration of the order.