“If you want to make enemies, try to change something.”
— Woodrow Wilson

In 2017, I was assigned to preside over the Probate Department of the Marin County Superior Court. Since I had never practiced probate law as an attorney, had no will or trust myself, and had no idea who or what a probate examiner was, I knew that this could be “interesting.” The first year had its ups and downs, culminating with my first probate trial lasting several weeks, involving five attorneys, charitable trusts, and millions in requested attorney fees. That experience provided many “teachable moments,” some more…let’s say instructive than others. (Did you know that both sides can appeal the same decision???)

“Change is hardest at the beginning, messiest in the middle and best at the end.”
― Robin S. Sharma

Around the end of 2018 or the beginning of 2019, I started to gain traction and confidence in my new role as the probate court judge. It seemed to me that the attorneys who practiced in the probate court and I had successfully made it through that initial transition stage and were now “in the groove.” However, said groove was interrupted in mid-2019 when Dean Ross, our long-time probate examiner, announced his retirement and a new transition began.

In August 2019, the court hired Trudy Verzosa as our new probate examiner. Trudy had been a probate examiner in San Francisco for 16 years and brought great experience with her. On her first day in the office, however, I introduced her to one of the local probate attorneys, who told her, “We do things differently here. We are much less formal than San Francisco.” I should have known at that point that this new transition was going to be challenging.

“Change is not a four-letter word...but often your reaction to it is!”
― Jeffrey Gitomer

I have since heard polite grumblings about how the probate examiner is making things more difficult for the parties, or that petitions are being rejected for “minor errors,” much to the chagrin of everyone involved. In light of these concerns, I thought it might be a good idea to explain the review process each file goes through prior to posting the tentative rulings on Friday afternoons. Bear in mind that both the probate examiner and yours truly review each file as part of that process.

First, let’s not forget that the job of the probate examiner is to review all documents related to decedents' estates, conservatorships, and guardianships for procedural correctness (and substantive completeness) before they are heard by the Court. The probate examiner is required to advise the parties of any defects in the documents that have been filed and to recommend appropriate changes to the filings. Each week, the probate examiner reviews the filings for the upcoming week’s calendar. Once done, she brings any procedural issues to the attention of the Court, along with a recommended process for moving forward.

The Court then reviews the file and either adopts the probate examiner’s recommendation, modifies it, or rejects it altogether. No tentative rulings are posted until after both the probate examiner and the judge have reviewed the file. So…technically, if you have been frustrated with the probate examiner’s notes, your frustrations might be a tad bit misplaced. The good news is that you can advise the Court that you wish to contest the tentative ruling, inform all interested parties of your appearance, and talk to me about your concerns. Not only do Trudy and I want to make sure that the filings are done correctly, but we also want to have a great working relationship with our legal partners.

“Change is inevitable – except from a vending machine.”
― Robert C. Gallagher

Historically, I have found that it is uncommon for attorneys to appear in court to contest tentative rulings on the basis of technical violations. Instead, the attorneys do their best to take care of any noted pleading defects and then come back to court on another day. I respect that approach and encourage you to continue to take it. If, however, you feel that the court’s tentative ruling is too onerous or not supported by the various code sections or case law cited, please follow the procedure and come to see me on my Monday calendar. I would be happy to discuss whatever issues you may have and to try to find a path forward.

There are a few common issues that might be worthy of a small reminder:

1. Please make sure that you have filed all your proofs of service and noticed all those people required to be noticed. (The new Judicial Council forms should help make this easier.)
2. Please do not file your papers after the deadlines in the local rules.
3. Please do not file an ex parte request if there is not an emergency.
4. Please provide authority for what you are seeking.

The probate department has been through quite a bit of transition over the last few years. I am sure there are more transitions to come. However, I am certain that, with your help, we can get through these transitions quickly, efficiently and amicably.

Speaking of transitions, this month our probate examiner and I will be working on updating our local rules (which have not been updated in years). Please keep an eye out for the draft proposal in July and provide your feedback.

And finally, just remember:

“A kick in the ass is still a step forward.”
― Trudy Verzosa