Ex-Parte Motions in Sacramento Probate: What You Should Know - Hackard Law
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June 24th, 2025
Probate Law

Ex-Parte Motions in Sacramento Probate: What You Should Know

Probate litigation is often filled with complex emotions, delayed timelines, and difficult decisions. But sometimes, urgency leaves no room for waiting. In those moments—when a delay could mean harm to an estate, its assets, or its rightful beneficiaries—California law allows parties to seek relief through what’s known as an ex-parte motion.

Sacramento ex-parte motions are emergency requests in probate litigation, asking the court to act quickly—often with very little notice to the other side. These motions are powerful tools, but they are not granted lightly. If you’re involved in a probate dispute and either need immediate protection or are surprised by an ex-parte motion filed against you, it’s essential to understand how they work and what to expect.

At Hackard Law, we’ve guided clients through urgent probate matters in Sacramento for decades. Here’s what you need to know.

What Is an Ex-Parte Motion?

An ex-parte motion is a request for a court order that is made without the usual minimum notice period or sometimes without notifying all parties at all. It is reserved for urgent circumstances—situations where waiting for a regularly scheduled hearing would result in irreparable harm, significant loss, or serious risk.

In probate litigation, these motions are most often used to:

  • Freeze or protect estate or trust assets from being transferred or wasted
  • Suspend or remove a trustee, executor, or conservator who poses a risk
  • Prevent the sale or dissipation of real property
  • Stop financial abuse or unauthorized withdrawals from accounts
  • Secure medical or safety-related orders in conservatorship cases

When Are Ex-Parte Motions Appropriate in Probate?

Ex-parte motions in probate are reserved for true emergencies—circumstances where waiting for a standard hearing would result in significant, often irreversible harm. Because ex-parte relief can be granted without full participation from all parties, courts exercise extreme caution and demand a clear, fact-based showing of urgency.

For real-world examples of courts using ex-parte motions and urgent petitions in trust and estate cases—including Sacramento judges freezing assets and issuing injunctions—see our article “Real Estate Battles in Trust Litigation”

In Sacramento probate court—and throughout California—the party seeking ex-parte relief must satisfy three strict requirements:

1. Immediate and Irreparable Harm

The moving party must demonstrate that harm is not only serious but imminent. This harm must be specific, not speculative, and incapable of being repaired later through legal remedies. Examples include:

  • A trustee attempting to transfer or deplete trust assets without authorization
  • A conservator neglecting or endangering a vulnerable adult
  • A beneficiary about to sell or dispose of estate property without court approval

If the alleged harm can be addressed through normal legal processes, the court is unlikely to intervene ex parte.

2. No Adequate Legal Alternative

Ex-parte relief is not a shortcut—it’s a last resort. If the issue can be handled through a notice petition and regular hearing, even if that process takes a few weeks, the court will deny the motion.

The party must show that traditional legal channels are insufficient or too slow to prevent the damage. The urgency must outweigh the due process rights of the other party.

3. Emergency Relief Is Needed to Prevent Injustice or Preserve the Status Quo

The court’s goal in granting ex-parte relief is not to decide the case but to maintain fairness until a full hearing can occur. This often involves preserving assets, halting harmful activity, or temporarily suspending authority.

For instance, a judge might freeze an account or pause a trustee’s powers—not because guilt has been proven, but because doing nothing could result in irreversible loss.

Why the Standard Is So High

Because ex-parte decisions are made quickly and often without hearing both sides, judges are cautious. They know the risks of acting prematurely—or of being manipulated by one-sided information. That’s why ex-parte motions are expected to be narrow, well-documented, and truly necessary.

At Hackard Law, we help clients meet this high standard when urgency demands immediate action—and just as importantly, we defend against ex-parte motions filed without proper cause or evidence.

When it comes to emergency probate matters, experience, precision, and timing are critical.

How Ex-Parte Motions Are Filed in Sacramento Probate Court

Filing Sacramento ex-parte motions in probate court is a serious process governed by strict procedural rules. Because the relief sought is urgent—and often granted before others have a chance to respond—the court requires clear justification and strict compliance to ensure fairness.

1. Notice Requirements

Unless notice is truly impossible or would undermine the purpose of the motion, the requesting party must give at least 24 hours’ notice to all interested parties. This includes the time, place, nature of the request, and the basis for the emergency. If notice isn’t given, the party must explain why—typically through a declaration outlining efforts made and the reason for urgency.

2. Declaration of Emergency

The motion must include a sworn declaration that clearly describes the emergency, the potential harm, and why normal court procedures wouldn’t suffice. Judges look for specific, credible, and time-sensitive facts, not vague claims. Supporting documents like financial records or third-party declarations can be critical.

3. Proposed Order

A draft court order must also be submitted, outlining the specific relief sought—such as freezing assets, suspending fiduciary authority, or preventing a property transfer. The court will review and may approve, modify, or deny the request.

Court Procedures

Ex-parte motions are usually heard in the morning on designated days, often by appointment. Failure to follow court procedures—such as incorrect formatting or missed deadlines—can result in automatic denial, even if the emergency is genuine.

At Hackard Law, we help clients prepare ex-parte motions with urgency, accuracy, and a deep understanding of Sacramento probate procedure—giving them the best possible chance at timely, effective relief.

What Happens After an Ex-Parte Order Is Granted?

When the court grants an ex-parte motion in a probate matter, it typically issues a temporary order designed to prevent immediate harm. These orders are not final judgments—they are intended to stabilize the situation until the court can conduct a proper hearing with full notice to all parties.

The temporary order may include actions such as:

  • Freezing a trust or estate account
  • Suspending a trustee or executor’s authority
  • Halting the sale or transfer of property
  • Prohibiting access to sensitive records or accounts
  • Restricting a conservator’s powers

Once granted, the ex-parte order usually remains in effect only until a scheduled follow-up hearing, often within a matter of days or weeks. At that hearing, all interested parties have an opportunity to present evidence, respond to allegations, and make legal arguments. This step is critical—it ensures that emergency orders don’t result in lasting consequences without a full and fair review.

For example, if a trustee is accused of misappropriating funds and an ex-parte order freezes the trust’s assets, that freeze will generally stay in place only until the court can evaluate whether the trustee should be removed, restricted, or reinstated.

It’s important to understand that ex-parte orders are not a final ruling on the merits. They are preliminary in nature—used to pause, preserve, or protect while deeper issues are examined. The court’s goal is not to punish, but to ensure that nothing irreversible occurs before all sides can be heard.

At Hackard Law, we use this window of time to gather facts, refine our strategy, and prepare our clients for the formal hearing ahead. Whether we’re the party seeking to extend the order or the one challenging it, we understand the importance of what comes next—and how to navigate it with both urgency and care.

Common Scenarios in Probate Where Ex-Parte Relief Is Sought

At Hackard Law, we’ve handled numerous probate matters in Sacramento where ex-parte action was both appropriate and necessary. Common examples include:

  • A trustee begins liquidating trust property after being accused of self-dealing
  • A caregiver is withdrawing funds from a senior’s account despite questions of capacity
  • A conservatee is being relocated or medically neglected, and emergency court oversight is needed
  • A sibling changes the locks on estate property and bars access to rightful co-beneficiaries
  • A decedent’s home is at risk of foreclosure, and no one has the authority to act under the current administration

In these situations, time is not a luxury—it’s a liability. The longer the court waits, the greater the potential for irreversible harm.

What If You’re the Target of an Ex-Parte Motion?

Being served with an ex-parte motion—especially one you weren’t expecting—can be jarring. These motions often request immediate court action without giving you much time to respond, which can leave you feeling blindsided and concerned about what’s at stake. You may be accused of misconduct, mismanagement, or causing harm to an estate or conservatee, often without warning.

However, you do have rights, and you are not without recourse.

Even if the court grants a temporary order based on the ex-parte request, it does not end the matter. In nearly all cases, a follow-up hearing is scheduled where both sides are given the opportunity to present evidence, provide context, and argue their positions more fully. This is your chance to tell your side of the story, correct any misstatements, and challenge the need for ongoing relief.

Still, these early stages are crucial. Judges often form preliminary impressions based on the emergency filing—and those impressions can influence how the case unfolds. That’s why timing, clarity, and a strategic legal response are essential.

At Hackard Law, we help clients respond quickly and confidently. Whether you’re a trustee, executor, or beneficiary accused of wrongdoing, we assess the claims, gather the right evidence, and frame a strong defense—one that addresses both the legal standards and the emotional complexity of the dispute. Our team understands the procedures of Sacramento probate court and how to navigate emergency proceedings without letting them derail the larger case.

If you’ve been named in an ex-parte motion, don’t wait. The sooner you have experienced legal counsel on your side, the better your chances of protecting your rights and restoring balance to the process.

Why Legal Representation Matters

Ex-parte motions in probate are uniquely challenging—they unfold quickly, carry significant consequences, and often arise in moments of crisis. Whether the issue involves freezing assets, removing a trustee, or protecting a vulnerable loved one, the court expects a clear, well-supported case that meets a strict legal standard.

Sacramento ex-parte motions aren’t simply about urgency—they require deep knowledge of procedural rules, well-crafted declarations, and compelling evidence that justifies immediate intervention. Missteps—such as insufficient notice or lack of documentation—can weaken your position or lead to outright denial.

At Hackard Law, we understand the pressure these situations create. We move decisively to protect our clients’ interests, whether that means pursuing urgent relief or defending against a motion filed without merit. Our approach combines legal precision with strategic thinking—because in moments where timing and judgment matter most, experienced counsel can make all the difference.

Urgency, Justice, and the Power of Preparedness

Ex-parte motions are not everyday tools in probate litigation—but when used properly, they can prevent real harm. In Sacramento’s probate courts, the ability to act quickly and precisely can make all the difference. Whether you need emergency relief or are facing it unexpectedly, understanding the purpose and process of ex-parte motions is essential to protecting your rights and your loved one’s legacy. If you’re facing a probate emergency or need guidance with Sacramento ex-parte motions, our team is here to help. Contact Us Today to schedule a consultation and protect what matters most.