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HomeProbate CodeDiv. 3Pt. 1Ch. 3§ 1041 Court Clerk Hearing Scheduling

§ 1041 Court Clerk Hearing Scheduling

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1041 Court Clerk Hearing Scheduling

This law says that when you file any paper with the court that needs a hearing, the court clerk must set a date for that hearing.

Key Takeaways

  • •Any filing that requires a hearing must be scheduled by the clerk.
  • •The clerk cannot refuse or ignore the need to set a hearing date.
  • •This applies to petitions, reports, accounts, or any other matter needing a hearing.

Example

A person files a petition to change their name with the court.

Because the petition needs a hearing, the clerk has to schedule a hearing date for the name‑change request.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1041 Court Clerk Hearing Scheduling

When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

petitionreportaccounthearingcourt clerk

Related Statutes

  • § 1050 Judgment Roll Components
  • § 248.5 Petition Hearing Notice Requirements
  • § 1040 Hearing Procedures Exceptions
  • § 1042 Hearing Notice Requirements
  • § 1045 Hearing Continuance Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1041.
View Official Source