Probate Examiner

San Bernardino Superior Court • Fontana, CA

5d • Onsite

About The Position

Under broad supervision, performs a range of probate assignments requiring the use of advanced specialized knowledge of probate policies, practices and procedures; reviews and processes pleadings and accounts in probate matters, ensuring their sufficiency with all applicable legal requirements; addresses questions from other court staff, litigants, attorneys and the public regarding probate statutory requirements and legal processes and procedures; and performs related duties as assigned. A Probate Examiner provides paraprofessional legal assistance on the technical and procedural aspects of probate law, applying probate rules, policies, procedures and practices in carrying out difficult and detailed processes, often involving the use of problem-solving skills to ensure all court requirements are met and the rights of litigants and claimants are safeguarded. Incumbents are expected to correctly interpret and explain legal probate requirements and judicial orders to court staff, litigants and attorneys. Incumbents perform the final examination on probate case files prior to hearing in the Superior Court, and recommends court approval on matters that are in order and may be approved by petition. Probate Examiner is distinguished from Paralegal in that incumbents in the former class perform highly specialized and responsible probate examination/processing duties requiring specialized knowledge of probate court policies, practices and procedures and the ability to interpret and apply established policies and procedures to probate cases and claims.

Requirements

• A Paralegal Certificate or associate degree with four (4) years of experience in a court, private law office or public conservator office; or graduation from an accredited four (4) year college or university and two (2) years of experience in a court, private law office or public administrator/public conservator office; or a Juris Doctor degree and six (6) months of experience in a court, private law office or public administrator/public conservator office.

Responsibilities

• Examines pleadings and reviews the accountings of a variety of pending probate case files set for hearing by the court for compliance with jurisdictional and procedural requirements of statutes and rules; notes deficiencies when identified; recommends approval to a judicial officer those cases in good order; prepares notes on probate calendar; discusses probate notes with attorneys, paralegals and court staff as needed; may attend court hearings and provide consultation on procedural matters.
• Prepares written analyses and calendar notes for judicial officers, ascertaining relevant facts, identifying statutory issues and deficiencies, and determining potential harm to estates in probate/ conservatorship/guardianship/trusts; makes recommendations on resolving deficiencies based on statutory requirements; provides alternative recommendations and instructs where statutes provide discretion to the court.
• Examines accountings for mathematical accuracy, investments, sufficient bond and compliance with prior court orders, breach of fiduciary duties; recommends appropriate surcharge, if applicable.
• Examines reasonableness of applications from fiduciaries and attorneys for fee requests following established guidelines and Rules of court; reviews billing statements against accounting and accuracy for services rendered; recommends payment or reduction.
• Examines proposed distribution of estates to beneficiaries against decedents' wills by intestate succession; makes calendar notes to the judicial officer.
• Examines document images on laserfiche as filed in both form and pleading formats for petitions for appointment of guardianship or conservatorship, petitions for instructions, reports of sale of residences, petitions for substituted judgment, petitions for termination, annual reports and accountings of conservatorships of the estate, and other miscellaneous conservatorship matters.
• Examines and analyzes Court Investigator reports to determine the needs of conservatees and ensures money spent in an accounting period is appropriate.
• Performs other duties as assigned.

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: Associate degree