SCSD HomeClick here for more info on the One Day Divorce Pilot Program.
Court Seal, Superior Court of California, County of San Diego
 
Probate HomeProbate Home  
Wills, Estates & TrustsWills, Estates & Trusts  
GuardianshipGuardianship  
ConservatorshipConservatorship  
Probate Examiner NotesProbate Examiner Notes  
Tentative RulingsTentative Rulings  
FormsForms  
Frequently Asked QuestionsFrequently Asked Questions  
CalendarCalendar  
LocationsLocations  
FeesFees  
Probate RulesProbate Rules  
Probate MediationProbate Mediation  
AppealsAppeals  
Probate ImagingProbate Imaging  
Probate eFilingProbate eFiling  



Superior Court of California - County of San Diego: Probate: Probate FAQ: Probate eFiling FAQ
    

Probate eFiling Frequently Asked Questions

  1. Are any Probate cases ordered as Mandatory eFile?
  2. Are there any documents or case types that are not eligible for eFiling?
  3. How do I submit the items, listed in item #1, that are not eligible for eFiling to court?
  4. Can a Petition for Probate of Will and for Letters Testamentary or Letters of Administration with Will Annexed be eFiled?  Will the court reject the petition for not including the original will?
  5. Does the Court maintain a physical case file on imaged cases that can be checked out and viewed by the public?
  6. Why was my Notice of Hearing rejected, when submitted with the petition?
  7. Should my proposed order be submitted with the petition, when it is eFiled?
  8. Can I eFile my uncontested Ex Parte Application?
  9. Can I eFile my contested Ex Parte Application?
10. When filling out the firm information, can I enter my own email rather than my attorney's email if I would like the court to contact me?
11. What types of documents are accepted? Are there any formatting requirements?
12. What are the document signature requirements?
13. Is there a file size limitation for my filing? How large can the file be?
14. How do I know my eFiling has been received by the Court?
15. Are courtesy copies required on any types of filings eFiled?
16. Can I scan multiple documents together and upload as one document?
17. Should I include punctuation when adding parties to a case?
18.What do I do if my party has an "aka"?

 

1. Are any Probate cases ordered as Mandatory eFile?

Not at this time.

 Back to Top

2. Are there any documents or case types that are not eligible for eFiling?

  • Wills
  • Letters
  • Bonds
  • Writs
  • Abstracts
  • Warrants
  • Lodgments
  • Settlement Conference Briefs
  • Request for Payment of Trust Funds
  • Real Property of Small Value (Prob. C. 13200)
  • Compromise of Minors Claim (No Civil Case Filed)
  • Out-of-State Commission Subpoena
  • Confidential documents lodged conditionally under seal

3. How do I submit the items, listed in item #1, that are not eligible for eFiling to court?

These items must be filed in paper-form, in person or via mail or messenger service.

 Back to Top

4. Can a Petition for Probate of Will and for Letters Testamentary or Letters of Administration with Will Annexed be eFiled?  Will the court reject the petition for not including the original will?

These petitions may be eFiled and will not be rejected for lack of original will.  The will can be lodged/deposited with the court prior to the petition being filed, or after the petition is filed with a cover letter that includes the case number assigned to the petition.  The original will must in the court’s possession in order to admit the will to probate and will be noted as a defect in the Probate Notes.

5. Why is the hearing information blank on my petition?

The hearing information will not appear on the face-page of the petition when it is returned to you.  Instead, a Notice of Hearing will be generated by the court and returned with your petition.  Note: The court-generated Notice of Hearing does not replace the mandatory Judicial Council forms for noticing purposes.

 Back to Top

6. Why was my Notice of Hearing rejected, when submitted with the petition?

The hearing information cannot be applied to the mandatory Judicial Council forms.  The Judicial Council Notice of Hearing should only be submitted to the court once service has been completed.

7. Should my proposed order be submitted with the petition, when it is eFiled?

For ease of processing and returning of conformed copies it is preferred that your order be sent to the court in paper form any time after the petition is filed and at least three weeks before the hearing is set.  This will allow you to submit the order with the letters and bond, if applicable.  It also gives you the flexibility of requesting certified copies of the order.  Most importantly, a conformed copy can be returned to you if a self-addressed stamped envelope or attorney service slip is provided with the paper order. 

  • If a proposed order is eFiled in the same transaction with the petition, and an attorney service is not noted in the “MESSAGE TO THE eFILING CLERK” section, a conformed copy cannot be returned to you at this time.
  • If a proposed order is eFiled on its own, a signed copy can be returned to you electronically.
 Back to Top

8. Can I eFile my uncontested Ex Parte Application?

Yes, you must include a Probate Ex Parte Coversheet (SDSC #PR-136) along with the ex parte petition, proposed order and declaration regarding notice.  It will be returned electronically once approved.

9. Can I eFile my contested Ex Parte Application?

Yes, you must include a Probate Ex Parte Coversheet (SDSC #PR-136) along with the ex parte petition and proposed order.  The hearing date will be noted on a court-generated Notice of Hearing that will be returned to you electronically.  If an attorney service is not noted in the “MESSAGE TO THE eFILING CLERK” section a conformed copy of the order cannot be returned to you at this time.

 Back to Top

10. When filling out the firm information, can I enter my own email rather than my attorney's email if I would like the court to contact me?

Yes. You may enter either your attorney's email address or your email address, depending upon who you would like the court to contact regarding your filing.

11. What types of documents are accepted? Are there any formatting requirements?

The eFiling system converts all standard document types (Word, WordPerfect, Corel, Lotus, TIF, JPEG, for example) into PDF upon upload. Documents submitted to the court’s E-filing vendor must be in a format that is fully text searchable. The Court also requires that users bookmark documents with exhibits. This can be done with Adobe Acrobat or similar applications.

12. What are the document signature requirements?

Per California Rule of Court 2.257, eFiled documents signed under penalty of perjury must be signed on a printed form of the document. E-Filed documents NOT signed under penalty of perjury are deemed signed by the party if the document is filed electronically. Documents requiring signatures of opposing parties, such as a stipulation, must be signed on a printed form of the document. A party is not required to use a digital signature on an electronically filed document.

 Back to Top

13. Is there a file size limitation for my filing? How large can the file be?

There is a 120 MB limit per document when uploading to the system. There is a 120 MB limit to the total files uploaded per order.

14. How do I know my eFiling has been received by the Court?

One Legal will provide immediate order confirmation when an order is submitted and a Filed Endorsed Copy upon acceptance by the court clerk.

 Back to Top

15. Are courtesy copies required on any types of filings eFiled?

If exhibits are NOT attached to an eFiled Notice of Lodgment, litigant to provide hard copies of documents to the business office with a copy of the Notice of Lodgment that includes the eFiling Transaction ID noted in the upper right-hand corner upon confirmation that the document has been received by the court’s eFiling Unit. Note: It is preferred that a Notice of Lodgment not be eFiled and Local Rule 4.3.2.E be adhered to.

16. Can I scan multiple documents together and upload as one document?

No. All documents should be filed as stand-alone documents unless filing a Motion. If filing a notice of motion, all documents can be scanned and filed as one document under a filing that most closely captures the type of motion. Please bookmark all filings and exhibits within these filings.

17. Should I include punctuation when adding parties to a case?

No. Punctuation such as periods and commas should not be included as part of a party’s name. If a party’s name includes a hyphen, this should be included. The court will delete any commas, periods, etc., which adds processing time to each transaction.

 Back to Top

18. What do I do if my party has an "aka"?

Enter the Alternate Name by selecting the appropriate name from the drop down menu.

 

 

 

 

 


 


HelpSite MapUse/Privacy Policy

© 2014 Court Information Technology
Superior Court of California, County of San Diego