This piece was contributed by Sam Price, local probate attorney and San Bernardino County Bar Association probate section chair . Other attorneys are invited to provide their own comments by emailing Aidan McGloin at editor@ielaw.news.

Attorneys will be required to electronically file and receive electronic service for probate matters beginning on Monday, June 16. San Bernardino County Superior Court Presiding Judge Lisa Rogan issued General Order G024-030 on May 19, making electronic filing and electronic service mandatory for attorneys and their clients in probate matters as of Monday.  While the General Order sunsets on December 31, 2025, it will most likely be extended.  Once eFiling becomes mandatory, the clerk’s window will no longer accept filings for documents in probate matters, unless the documents are ineligible for eFiling as listed below.  Mandatory electronic filing and service are governed by Code of Civil Procedure §1010.6, California Rules of Court Rules 2.251 and 2.253, and Superior Court of San Bernardino County, Local Rules, Rule 1810.B.  Additionally, the court has issued guidance on Probate eFiling Requirements.

eFiling

Persons Exempt from eFiling and Electronic Service:

  • Self-represented parties (but they are strongly encouraged to participate in eFiling and electronic service)
  • Any party may request to be excused from filing or service documents electronically upon a showing of undue hardship or significant prejudice by a Request for Exemption from Mandatory Electronic Fling and Service (Form EFS-007)

Exhibits & Electronic Bookmarks

  • When an attorney has eFiled exhibits, the document must include electronic bookmarks with links to the first page of each exhibit and titles that identify the exhibit number or letter and briefly describe the exhibit. (Cal. Rules of Court, rule 3.1110(f)(4).)
  • The court encourages the use of electronic bookmarks in electronic documents for each heading, subheading, and document components, such as table of contents, table of authorities, declarations, and proof of service, if included.

The following documents cannot be filed electronically, and must be filed in paper form over-the-counter with the clerk’s office:

  • Seeking a court-ordered exemption from mandatory electronic filing and service due to undue hardship, significant prejudice, or other good cause (Local Rule 1810)
  • Original Wills & Codicils
  • Undertaking/Surety Bonds
  • Writs/Abstracts
  • Certified Death Certificates
  • Settlement Conference Briefs
  • Copy/Certification/Exemplification Requests
  • Documents filed under seal or provisionally under seal pursuant to California Rules of Court, rule 2.551 (although the motion to file under seal itself may be electronically filed)
  • Documents attached to a Notice of Lodgment
  • Documents for cases ordered sealed
  • Exhibits that are physical objects, which otherwise may not be comprehensibly viewed in an electronic format must be lodged and will not be filed
  • Trial and hearing exhibits
  • Affidavits re: Real Property of Small Value (form DE-305)
  • Peremptory challenges or challenges for cause of a judicial officer pursuant to Code of Civil Procedure sections 170.1 and 170.3
  • Subpoenas and subpoenaed documents
  • LPS Conservatorship filings
  • Elder Abuse filings
  • Appeals filings

Delays in Processing Filings

  • The clerk’s office has dedicated training and resources to eFiling, as they do for window filings.  They actually have a very good workflow.  However, there may still be some delay for the court to process filings.
  • If you appear in-person at court, bring your eFiled documents with you to court to be able to show the judicial officer to clear your probate notes in case your eFiled documents have not yet been processed into the court’s computer system.
  • If you appear remotely, be prepared to share your screen and show the judicial officer the documents.
  • When you eFile, you will get an “envelope number” and it may be easy for the court to locate your eFiling if you give that “envelope number.”
  • You can deliver a paper courtesy copy to the department prior to your court hearing.

Conformed Documents and Certified Copies of Documents

Files Costs of eFiling:

  • An electronic filing service provider (EFSP) is required to be the intermediary between the attorney and the court to eFile.  The EFSP will charge a fee for each eFiling, even if the court has waived court fees.
  • Court appointed counsel may still get a CD or an encrypted email with the case files from the clerk’s office at no cost.

Electronic Service

Electronic Service requirements:

  • A document that may be served by mail, express mail, overnight delivery, or fax transmission may be served electronically (CRC Rule 2.251(a)) – this is going to cover the vast majority of all notice delivery requirements in probate matters.
  • A document that must be served by certified or registered mail cannot be served electronically (CCP §1010.6(a)(2)).
  • Attorneys who are subject to mandatory eFiling are also electronic service (CCP §1010.6; CRC Rule 2.251(c)).
  • A client who is represented by an attorney is also subject to electronic service (CCP §1010.6(b); CRC Rule 2.251(c)).  IMPORTANT: Your client must provide an email address for service on the first eFiling with a Consent to Electronic Service and Notice of Electronic Service Address (Form EFS-005-CV) (see General Order G024-030).
  • Any party can consent to electronic service by filing a Consent to Electronic Service and Notice of Electronic Service Address (Form EFS-005-CV).  If a party’s email address changes during the case, use a Notice of Change of Electronic Service Address (Form EFS-010).

Best Practices for Electronic Service

  • Attorneys should get ready for electronic service by including your email address on all pleadings filed with the court, ensuring that you have an email account to accept electronic service, disable spam filters for that email, and possibly monitored by a staff member when the attorney gets bogged down or is out of the office.  A simple email address such as attorneys@lawfirmname.com with multiple parties with access may ensure receipt of electronic service.
  • File a Notice of Change of Electronic Service Address (Form EFS-010) if you want to change your email address that you accept service.
  • Ensure that your client has an email address and can accept electronic service.

In the San Bernardino County Superior Court, probate was first to get eFiling and first to have mandatory eFiling and electronic service.  Other practice areas should be prepared to also go mandatory in the near future.

Read next: California’s tariff lawsuit is heading to the 9th Circuit. 

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