CA AB1893

Repeals and recasts Section 1000 of the Probate Code to clarify that all issues of fact in probate proceedings must be tried in conformity with civil action rules of practice.

Specifies that Code of Civil Procedure rules apply to probate proceedings except where the Probate Code provides applicable rules, including motions to strike, summary judgment, and discovery motions.

Establishes exceptions to civil action procedures in probate proceedings: demurrers do not apply except as provided in the Probate Code, compulsory cross-complaints do not apply, and answers/amended pleadings do not apply to proceedings without responsive pleadings.

Allows parties to amend pleadings without court approval until 120 days before trial or evidentiary hearing, after which Code of Civil Procedure amendment provisions apply.

Amends Section 1022 to require affidavits or verified petitions be received as evidence when offered in accordance with Code of Civil Procedure Section 2009 or in uncontested probate proceedings.