AB 308: Procedures for litigation.

(1)Existing law governs the procedures for litigation to resolve certain disputes relating to property that is subject to an estate, conservatorship, guardianship, or trust. These procedures include, among others, a requirement to serve the petition for relief and a notice of hearing on specific persons.

This bill would require the notice of hearing to include a description of the property at issue, whether the petition seeks specified damages or attorneys fees and costs, and a statement that any person interested in the property may file a response to the petition.

(2)Existing law requires that the rules of practice relating to discovery in civil actions apply to actions under the Probate Code, except as provided.

The bill would provide when a petitioner in specified actions under the Probate Code may commence discovery, including, among others, an action to resolve a dispute relating to property that is subject to an estate, conservatorship, guardianship, or trust.