Insights

In the Daily Journal article “Goebner clarifies California probate court demurrer deadline,” Trusts & Estates partner Matt Owens explores the implications of the McDonald v. Goebner appellate court decision, which confirmed that a demurrer is considered an objection in probate court. Respondents, pursuant to Probate Code section 1000, can file a demurrer any time up to the hearing, without the constraints of the civil 30-day deadline.

While Goebner brings clarity and consistency by eliminating confusion about deadlines, Owens notes that it presents an opportunity for tactical delay. Demurrers filed shortly before hearings can push resolution out by many additional months, particularly given the backlog in many counties’ calendars. Thus, practitioners must adapt to a new procedural landscape that prioritizes statutory interpretation but may frustrate speedy resolution in probate litigation involving demurrers.

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