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On a notice of appeal in a case under Welfare and Institutions Code sections 300, 601 or 602, an action to free a child from parental custody and control (Family Code section 7800 et seq.; Probate Code section 1516.5) or an order dispensing with an alleged father's consent to adoption (Family Code section 7662 et seq.), the superior court clerk immediately sends notification of filing to any legal guardians in addition to the persons listed in rule 8.405(b)(1).
Section 5-Probate: all orders in probate matters complete and drawn so that their substance may be determined without having to refer to the petition on which they are based, and, except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party to submit the proposed order at least three Court days prior to the hearing date (5.1); in a petition for probate of a will, all persons and organizations named in the will or codicils listed (5.2(a)); if a named devisee predeceased the decedent, that information provided in the notice, and, where the devisee dies after the decedent, the date of death stated and notice mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative (5.2(b)); a declaration specifying good faith efforts to identify and locate heirs or beneficiaries required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required (5.2(c)); if there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect filed setting forth the basis for the declaration and the efforts made to locate all such heirs (5.2(d)); the trustee of a living trust who is a beneficiary of a will listed as a devisee and noticed (5.2(e)); the Clerk of the Court not handling the preparation, mailing or publication of notices, notices prepared and submitted at the time of filing the applicable petition, and the moving party responsible for all required mailings and newspaper publications (5.2(f)); and the written and signed declination to act of the person named in the decedent’s will as executor who declines to act as such filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act (5.3)
Section 6-Criminal: when the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court judge to inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the victim (protected person) and any Court orders for custody/visitation of those children, to consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children and to inquire whether there are any other protective/restraining orders involving the defendant and the victim, and the Court to examine all available databases for existing protective or restraining orders before issuing permanent orders (6.1(a)); when the Criminal Court issues No Contact and/or Stay Away Orders from the minor children of the defendant, the judge to notify the Victim, if present in court, and the defendant of his or her rights to seek a modification, of the orders and of the necessity of returning to the Criminal Court to modify the Criminal Court Protective Order (6.1(b)); a copy of the Criminal Protective Order provided to the victim if present in the Criminal Court when it is issued or, if not, to the District Attorney, who shall send a copy to the Victim at his or her last known address (6.1(c)); the District Attorney’s Office (at any time, at the request of a Victim or the Family, Juvenile or Probate Court), the Probation Department (at the request of a defendant, Victim, or the Family, Juvenile or Probate Court) and the defendant or his/her counsel may place the issue before the Court, which, upon proper request pursuant to this protocol, places the matter on calendar on its own motion, copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders attached to the Application to Modify Criminal Protective Order, which includes the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim, the Court Clerk placing copies of the application in the applicable Court files, the requesting person responsible for personal service of the Application five (5) days before the hearing on the defendant and all other appropriate parties and agencies, including the District Attorney’s Office and the defendant’s attorney of record, and, if the requesting person is someone other than the Victim, the District Attorney’s Office to send a copy of the Application to the Victim at his or her last known address (6.1(d)); after the hearing on modification, the Court to send a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order) to the applicable Family, Juvenile, or Probate Court for inclusion in its files, and the District Attorney to send a copy to the Victim at his or her last known address (6.1(e)); no criminal trial continued, even by stipulation of the parties, except pursuant to Penal Code section 1050 (6.2); the Court’s policy that, when a defendant has not made a motion to change his or her plea at the Trial Readiness Conference, only pleas to all counts in the complaint or information will be accepted, except where the counts are pled in the alternative (6.3); the attorney representing an in-custody defendant to make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial (6.4(a)); motions in limine that may not be heard and disposed of within one-half hour on the morning of trial made in writing and scheduled to be heard before the judge assigned to the trial at 1:30 p.m. on the day before the trial is scheduled to commence, and filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date (6.4(b)); and counsel to file, on the first day of the trial and prior to commencement of jury selection, a list of all CALCRIM instructions requested, special instructions accompanied by points and authorities on separate paper from the proposed instruction, and all blanks on form instructions filled in so that the proposed instruction is complete (6.4(c))
Adoption petitions filed at the family law division window on the 1st floor of the Justice Center Courthouse (the page's independent and stepparent sections send petitions to the probate clerk's office "in the Historic Courthouse on the second floor"); case-specific information not given over the telephone; the self-help center on the first floor, (209) 533-6565; adult adoption - the petition, the consent and agreement of the parties, the consents of the petitioners' spouses, the order and a request to set a hearing with a self addressed stamped envelope (the request may be submitted with the papers), both petitioners at the hearing, which is private, the adopting person at least 10 years older; an amended birth certificate form, from the probate division, filed on or before the final hearing date - mailed by the probate clerk's office to the State Registrar after the adoption, the amended certificate in about 9-12 months; independent adoption - after the adoption placement agreement, the petition filed with the filing fee and an endorsed-filed copy sent to the Department of Social Services, its Final Report at least six months after filing, then the request to set hearing with ADOPT-210, ADOPT-215 and ADOPT-230, the original and two copies to the clerk; at the hearing - 20 minutes early, checked in with the clerk or bailiff, the child brought, the Adoption Agreement, Adoption Expense form and Order of Adoption signed in a private hearing, certified copies of the order given at its conclusion; stepparent adoption - the Information Sheet and Questionnaire from the probate clerk's office, the consent of the parent giving up custody or a petition to end parental rights (abandonment or termination), a home visit by the Court Investigator, the Request for Hearing filed after the file-stamped Stepparent Adoption report is received, publication in an adjudicated newspaper for a presumed father who cannot be located, the stepparent, the custodial parent and the child at the hearing with the originals and two copies of ADOPT-215 and ADOPT-210 not already filed; adoption files confidential, copies only to the adopting parents.
Emancipation matters processed at the Family Law window on the first floor of the Justice Center Courthouse; a judicial declaration of emancipation for a minor at least fourteen years old, living apart from the parents with their consent, managing their finances with a legal source of income, the judge finding emancipation in the minor's best interest (and wanting school attendance or a GED) - a dependent or ward of the Juvenile Court files in the Juvenile Court; the forms printed or typed, the petition signed and dated, with a statement of the living situation, the reasons and the means of support, the parents' whereabouts or the efforts to find them, notice of the hearing to parents who refuse to consent, or a request to waive notice stating all reasons; the hearing date obtained at the time the petition is filed; the original plus three copies and the attachments taken to the civil clerk's office, or submitted by mail with a self addressed stamped envelope for the conformed copies; a filing fee of $320.00 at the time of filing (as printed) or an application for a fee waiver; the court notifies the District Attorney's Office, which opposes the petition if the parents collect support for the minor; the petition may be granted before the hearing without an appearance (the probate notes give information on the case), the filed copies then mailed and the Declaration of Emancipation submitted for signature; at the hearing the judge may order court mediation, the case continued and the minor ordered to set a mediation date at the Civil Division; after a grant at a hearing the clerk files the original Declaration and returns the copies; the DMV notified on form MC-315 with a certified copy of the Declaration.
3.00.0 Civil Law and Motion and Defaults: civil law and motion dates and times assigned by the court clerk, parties encouraged to reserve a hearing date in advance by calling the clerk’s office, a date assigned on filing if no date was reserved, and the clerk’s office may assign a different date if the papers reflect one not reserved and not available (3.01.0(a)); opposition filed with the clerk by 3:00 p.m. at least nine (9) court days, and reply papers at least five (5) court days, before the hearing (not counting the hearing day), not applying to orders shortening time, ex parte applications or summary judgment timing under Code of Civil Procedure section 437c (3.01.0(b)); if opposition is not timely filed, the Court may deem it a waiver and an admission that the motion is meritorious and grant it, further opposition requiring a motion for reconsideration, new trial or other appropriate motion (3.01.0(c)); a stipulated continuance requested in writing with a proposed order, the request stating the motion’s title, filing date and upcoming hearing date, and only one (1) continuance per side, after which a matter that does not proceed may be dropped from calendar (3.02.0); a noticed motion dropped from calendar by filing and serving on all parties a declaration or request stating the motion’s title, filing date and upcoming hearing date (3.02.1); a matter with late opposition papers decided on the papers timely filed unless the Court, for good cause, continues it (3.03.0); orders shortening time strongly disfavored, requests supported by a very substantial showing of need and complying with the ex parte rules commencing with rule 3.1200, a stipulation to shorten time without effect, and opposing papers served and filed by noon two (2) court days before the hearing, or presented in court on the hearing day if notice was shortened to two (2) days or less (3.04.0); argument in excess of an aggregate of fifteen (15) minutes per case ordinarily not adduced without the judicial officer’s advance permission, and oral testimony not allowed on the law and motion calendar, a request for it made under rule 3.1306 and the matter then specially set or heard on declarations (3.05.0); a matter at which counsel or a pro per party does not appear may be dropped from the calendar or ruled upon, with sanctions at the Court’s discretion (3.06.0); telephone appearances under rule 3.670 in civil actions and special proceedings such as unlawful detainer, at counsel’s option for non-evidentiary law and motion matters, case management conferences and non-evidentiary probate hearings, but not for settlement conferences, noticed oral testimony, ordered personal appearances or where the Court determines a personal appearance would materially assist (3.07.0); a substitution of counsel containing the name, mailing address and telephone number of the new attorney, a specific attorney and not a law firm, or of the party in pro per, served on all parties, and, if a trial date is set, counsel substituted out or withdrawn advising the Court in writing whether and how the client was notified of it (3.08.0); no default or uncontested matter set for hearing until the judgment and necessary documents are on file, written evidence required for every request for entry of judgment unless prohibited by law, including an evidentiary declaration from the plaintiff or plaintiff’s agent, prove-up affidavits and declarations complying with Code of Civil Procedure sections 585 and 585.5, all essential elements proved by competent evidence, conclusions insufficient, and punitive damages rejected without evidence of the defaulting defendant’s net worth, including liabilities (3.09.0); an attorney’s fee schedule for actions on promissory notes and contracts providing for attorney’s fees, considered in the Court’s discretion, of 25% of the first $1,000, 20% of the next $4,000, 15% of the next $5,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of the amount over $50,000 (3.09.1); amicus briefs filed only by court order on a finding of good cause shown (3.10.0); tentative rulings under rule 3.1308, subdivision (a)(1), only for unlimited-jurisdiction civil law and motion matters, available at www.tuolumne.courts.ca.gov and by telephone at (209) 533-6633 by 3:00 p.m. on the court day preceding the hearing (3.11.0); and tentative rulings for orders to show cause re dismissal or sanctions revoked (3.12.0)
5.00.0 Probate Rules: the local general and civil law and motion rules applying, case numbers assigned when the case is filed, not reserved in advance (5.01.0 and 5.01.5); appearances required on sale confirmations and petitions with objections, incomplete or questionable cases continued one (1) to two (2) weeks or dropped if counsel does not appear (5.02.0); filed orders amended only by court order on noticed ex parte application (5.03.0); petitions filed at least fifteen (15) calendar days before the hearing, Probate Code section 17200 matters thirty (30) calendar days and minor’s compromise petitions seven (7) days before (5.04.0); papers requiring verification not considered without it (5.04.1); first hearing dates provided at filing, preferred dates reserved by calling the clerk’s office, review hearings not reserving a substantive hearing (5.04.5); notices prepared and submitted by the petitioner at filing, defective mailing continuing the hearing and defective publication requiring new notice (5.05.0); counsel to submit proposed orders by the third (3rd) court day before the hearing, except sale confirmations, contested matters and orders requiring agency information, complete without having to refer to the petition (5.06.0); blocked account orders stating no withdrawal shall be made without prior court order, the institution’s receipt filed within ten (10) days after deposit (5.07.0); special administration letters ordinarily on at least 24 hours’ notice to the surviving spouse and nominated executor (5.08.0); a nominated executor’s signed declination filed before the hearing, consents to serve by proposed representatives other than the petitioner, and removal citations to show cause (5.09.0 to 5.11.0); the original will lodged by the time the petition is filed, an expert’s translation if in a foreign language (5.12.0 and 5.12.1); persons and organizations named in the will or codicils listed in attachment 8 and noticed, declarations of efforts to locate heirs under rule 7.52 (5.13.0); a corrected Inventory and Appraisal (DE-160/GC-040) including all assets of the form corrected (5.14.0); creditors’ claims filed with the clerk’s office and mailed to the personal representative, dispositions reported on form DE-174 before distribution (5.15.0); on real property sales, notice to the proposed purchaser, an appearance, the sale contract attached, the bond set forth, a written posting request filed at least two court days before courthouse posting begins, and written overbids in open court (5.16.0); petitions for instructions only when no other procedure is provided by statute, proposed orders at least ten (10) calendar days before the hearing (5.17.0); accounting petitions and reports affirmatively addressing each issue of Probate Code section 1064, subdivision (a), among them unusual items, compensation paid, family or affiliate relationships with agents hired and cash not invested (5.17.1); distribution petitions describing property in detail, not by reference to the will or inventory, names and present addresses of all persons entitled when the inventory value exceeds $400,000, Probate Code sections 9201 and 9202 notice allegations, interest under section 12003 on general pecuniary legacies not paid within one (1) year from death, the independent acts listed, each creditor’s claim and disposition, and other matters reported under a waiver of accounting (5.18.0); the final discharge order portion completed except for the date and judge’s name (5.19.0); court authorization for advance compensation, statutory compensation calculated in the petition, on a waived accounting from inventory values plus receipts plus or minus sale gains or losses, and attorney’s fees for an attorney representative in a law firm only on a declaration of no share in them (5.20.0); extraordinary compensation ordinarily not paid before the final accounting is approved, referenced in the caption, prayer and notice to distributees, detailed by declaration under penalty of perjury with an amount per item, no time sheets (5.21.0); and costs advanced separately stated and described, Filing Fee Refund revoked, supporting documents and a proposed order submitted to the clerk’s office at least ten (10) court days before the hearing for recommended-for-approval status, notes posted as “Probate Notes” on the Court’s website several days before the hearing, and a recommended matter ordinarily continued if an objector appears (5.22.0 to 5.25.0)
6.00.0 Conservatorship and Guardianship Rules: the generally applicable local probate rules (commencing with rule 5.01.0) apply except as otherwise provided (6.00.5); a temporary conservator or guardian appointed only after a hearing on facts establishing urgency, without notice only in emergencies, known potential objectors given at least twenty-four (24) hours’ notice if a permanent conservatorship will be contested, ordinarily a bond or blocked account for the estate, and special powers specified in the petition, with a physician’s declaration for a medically related power (6.01.0); an investigation unless excused or waived, at least twenty-five (25) calendar days’ notice, the petitioner providing the form of order appointing the investigator and an additional petition copy, and legal authority and facts if it should be waived (6.02.0); appearances required at the hearing on all petitions for appointment (6.02.1); independent powers requested with the reasons they are needed, on forms GC-210 and GC-310 for a guardian or non-LPS conservator, only necessary and proper powers granted (6.03.0); a limited conservatorship petition and counsel mandatory for a person with a developmental disability (the Court may find a general conservatorship appropriate), and a public defender on facts establishing financial inability (6.04.0); a notice of residence filed with all accountings, unless a final accounting is for the death, and on any change in residence (6.05.0); a proposed conservatee who made a nomination or waived the bond to prove the capacity to understand it at the time, which may be by oral representation at the hearing but not by counsel’s statement that the conservatee is present and does not object (6.06.0); 6.07.0 revoked 7/01/17 and 6.08.0 revoked 1/01/20 (6.07.0 and 6.08.0); an inventory and appraisal filed in every conservatorship or guardianship of the estate, so indicating when there are no assets, each minor’s interests separately stated (6.09.0); 6.10.0 and 6.11.0 revoked 7/01/17 (6.10.0 and 6.11.0); a request to increase or reduce the bond presenting the bond calculation of personal property, probable annual gross income, probable annual gross payments and cost of recovery, with the total (6.11.5); a successor guardian petition on a Judicial Council initial guardianship petition form (6.12.0); posting of a notice of sale requested under local rule 5.16.0, subdivision (e), and an ex parte petition and order to notify the Court of an intention to sell a conservatee’s personal residence (6.13.0); the one (1) year accounting noticed for a hearing within sixty (60) days after the appointment’s anniversary date, prepared under local rule 5.17.1, stating whether the conservatee or ward has a spouse or domestic partner, is or has been a state hospital patient or has property entitling the Veterans Administration to notice, with separate schedules for each minor (6.14.0(a) to 6.14.0(d)); a professional fiduciary filing only the account statements described by subdivision (c)(2) and lodging the others (6.14.0(e)); waiver of accounting (Probate Code section 2628) on a petition, which may be heard ex parte, asserting that the conservatee or minor over the age of 14 was informed and agreed or did not respond (6.14.0(f)); 6.15.0 revoked 7/01/17 (6.15.0); removal of a conservator or guardian under rule 5.11.0 (6.16.0); a termination other than for death or majority set for hearing at least thirty (30) days in advance for an investigation, notice on settlement of the final account to the former conservatee or ward or a deceased one’s representative, heirs or devisees, and a guardian discharged by separate declaration with the former minor’s receipt, not until one (1) year after majority without a valid release (6.17.0); and fees set by the Court, court authorization for advance payment, no temporary conservatorship fees unless Probate Code section 2640 is satisfied, services evaluated as a whole, not as “ordinary” and “extraordinary,” the request referenced in the caption and notice of hearing, only court-appointed counsel’s fees in the order appointing a conservator, no attorney’s fees for an attorney fiduciary in a law firm without a declaration not to share them, and the Court may reduce fees for less than a full year, award a larger compensation to an attorney who performed bookkeeping for an individual fiduciary and deduct from commissions any sum paid from estate funds for the fiduciary’s duties (6.18.0)
Starting July 1, 2025, parties may receive notices by email instead of regular mail in most Civil cases (Appeals, Family Law and Child Support, General Civil, Probate and Landlord-Tenant cases); for a party with an attorney, the court is mandated to send case documents to the email address the attorney identifies, with paper service until an email address is on file; a party without an attorney consents on Judicial Council form EFS-005 (Consent to Electronic Service and Notice of Electronic Service Address), gives notice of a changed address on form EFS-010 and withdraws consent on form EFS-006; the change affects how documents are received from the court, not how documents are filed.
Probate petitions, guardianship, conservatorship, termination of joint tenancy, real property of small value and petitions to establish fact of birth, death, or marriage; a Probate Guardianship or Probate Conservatorship Investigation conducted through the Family Court Services; filing questions to the Civil Division at (559) 416-5525; Local Procedures and Notes - ex-parte hearings heard in Department 37, Department 40, Department 44 or Department 45 Monday-Friday at 8:15 AM, documents along with the 24-hour Notice or Non-notice Declaration submitted no later than 10:00 a.m. prior to the court date; all documents to be filed two (2) days prior to the court date; no Probate Examiner on staff; the Probate Department in the Civil Division at the Main Courthouse, window hours 8:00 AM - 3:00 PM, a drop box from 3:00 PM to 4:00 PM; tentative calendar dates from the Civil Division between 8:00 AM and 3:00 PM.
Division 7: notice in probate - copies of the petition served with the notice, the Clerk's notices, special or temporary letters, heirs without known addresses, handwritten and foreign wills, and the wording of probate orders (7.1.1 to 7.1.6); papers and the proposed order filed or lodged at least four (4) court days before the hearing (7.1.7); verified petitions submitted without an appearance except on confirmation of sale and appointment of a guardian or conservator, proposed orders delivered two (2) court days before (7.1.8); family allowance (7.1.9); petitions for appointment of a temporary guardian presented no later than 10:00 a.m. (7.1.10); fees and commissions, an extraordinary fee not exceeding $750 normally without an appearance (7.2.1 to 7.2.7); creditor's claims and sales (7.3.1 and 7.3.2); petitions for final distribution and the form of accounts (7.4.1 to 7.4.3); community property petitions and petitions to establish the fact of death (7.5.1 to 7.5.3); adoptions - a necessity of consent hearing within sixty (60) calendar days, and investigation charges of $300 for a stepparent adoption, $300.00 to declare a minor free and $450.00 for both (7.6.1 to 7.6.6); withdrawal of funds (7.7.1); and guardianship and conservatorship investigations - $600.00 for a guardianship investigation, $400 for a conservatorship investigation, an orientation for proposed conservators, Live Scan, and companion cases for multiple minors (7.8.1 to 7.8.8)
Rules 100 and 101: the Probate Department a court of general jurisdiction under Probate Code § 800 with concurrent jurisdiction over Probate-Related Civil Matters (100); uncontested probate hearings and matters of ten (10) minutes or less set in Merced at 8:15 a.m. on Monday, Wednesday, Thursday, and Friday, hearings likely to exceed ten (10) minutes at 1:30 p.m. on a Monday or Wednesday, and Los Banos probate hearings at 8:30 a.m. Monday through Friday (100(A)); the local general and civil law and motion rules applying to probate proceedings (100(B)); no Probate Commissioner, appearances required on petitions for appointment of conservators and/or guardians, confirmations of sale and petitions with objections, and “See rule 3.1(E) for telephone appearances” (100(C)); the Judicial Council probate forms mandatory (100(D)); the moving party to submit proposed orders at least three (3) Court days before the hearing, with its date, time and department (100(E)); a written consent to serve and an Acknowledgement of Receipt of Judicial Council Form “Duties and Liabilities of Personal Representative” (Form DE – 147) before letters issue (100(F)); all persons named in a will listed, good faith efforts to locate heirs declared, the trustee of a living trust noticed, and the moving party responsible for all mailings and newspaper publications (100(G)); the last vesting deed with spousal property petitions (100(H)); a defective mailing continued and a defective publication taken off calendar (100(I)); bonds under Probate Code sections 10453 and 8481 and an insufficient bond increased on an ex parte application (100(J)); creditor's claims filed with the Clerk's office and their disposition reported on the Judicial Council “Allowance or Rejection of Creditor’s Claim” form, the claims of the personal representative or the attorney submitted to the Court for approval (100(K)); the Probate Examiner's Notes on the court's website, updates typically posted 2 days before the hearing by 3:00 pm, documents to cure a technical defect filed a minimum of 3 court days before, a non-appearance on a case recommended for approval deemed a submission on the recommendation, and parties intending to appear notifying all other parties and calling (209) 725-4240 by 4:00 pm on the court day before (100(L)); medical records submitted redacted with an unredacted copy filed confidentially or with an application to seal (100(M)); a verified petition for approval of a minor's compromise with a full disclosure of all relevant information, confidential records filed as Rule 100 directs (101(A)); the attorney's disclosures (101(B)); the person compromising the claim and the minor attending the hearing (101(C)); witnesses, including the treating physician (101(D)); and withdrawals from blocked accounts ex parte or on a hearing (101(E))
A secure portal for submitting electronic evidence in selected courtrooms - Family Law matters set in Department 11 only, small claims, probate, civil harassment, unlawful detainer and administrative appeal matters following the traditional evidence submission process for now; access with the case type, case number and hearing date (a desktop computer with the Chrome or Microsoft Edge browser recommended), an account activated by a 6-digit key sent to the e-mail or cell phone given, exhibits added to the case for the party or parties uploading, an Exhibit Receipt printed and brought to the hearing to reference each exhibit by its assigned number, and exhibits shared with the other parties through the Virtual Viewing Room, each receiving a link and an authentication pin.
A copy of the filed petition and related documents, and of any document filed later, provided to Family Court Services (Room 204, Visalia Courthouse) or to the counter clerks at the South County Justice Center; once the court orders a relative guardianship investigation (Probate Code Section 1513(g)), a Court Investigator interviewing the petitioners and the children and reporting on the children's best interest, whether the guardianship is necessary or convenient and whether the guardians are suitable, with a check of local court records and a CLETS criminal background check on each legal parent in a confidential report, the investigators having 90 days; changes of contact information reported to Family Court Services at (559) 730-5000, Option 6, and filed; the mandatory local Guardianship Questionnaire (PRO-004) completed accurately and in detail; the Live Scan Fingerprint forms obtained from the Self-Help Resource Center after the Declaration of Completion of Guardianship Orientation is filed, Live Scan completed by each proposed guardian and each household member age 18 and over, and a copy of the completed form given to Family Court Services or the SCJC front counter; the report filed and mailed to the parties (Probate Code Section 1513(d)), any investigation fee ordered paid at the hearing, separate from the filing fee and waivable with a fee waiver; after appointment, contact changes filed on form MC-040 with a copy to Family Court Services, and the Annual Status Report (GC-251) for each child every year until the child reaches 18 or the guardianship ends, Family Court Services mailing a blank report about 60 days before the month the guardianship was granted and a report not filed set for an order to show cause; Family Court Services called if no investigator has called within 30 days, investigators returning calls within 48 hours; and a dismissal filed and served on Family Court Services to end the process.
Rules 1000 to 1021: probate matters and adoptions assigned under the annual order, LPS conservatorships set only on Tuesdays and adoption proceedings on Thursdays or Fridays, moving pleadings filed at least 15 days and supporting papers at least 10 days before the hearing (proofs of publication within two days), proposed orders lodged at least five days before, an automatic two-week continuance for untimely filing, the personal representative's birth date and driver's license number on the confidential Acknowledgment of Receipt of the Statement of Duties and Liabilities, an Order to Show Cause if no Judgment of Final Distribution or Report of Status of Administration is filed within 12 months after letters issued (18 months with a federal estate tax return), and the notice of special letters, publication of notice of death and notice to creditors (1000); a matter approved without a hearing on counsel's written verification of agreement, all matters posted on the court's web site the day before each hearing date, continuances in court or through the probate judge's clerk, no more than three without good cause, and an oral objection to a will continued up to four weeks for a written contest (1001); contested petitions - a face-to-face meet and confer, a Statement of Issues and an offer of proof from each party, the calendar clerk notified or the statement filed at least two court days before, and verified written objections (1002); ex parte petitions heard on any court day at the probate judge's determination, appointments made through the clerk of the court in room 201 of the Visalia courthouse or the civil clerk at the South County Justice Center, verified petitions with evidentiary facts, special notice statements, at least six business hours' notice where the need for an opportunity to be heard is apparent, and a separate order complete in itself (1003); probate referee applications, and inventories and appraisals filed at least two weeks before a sale or distribution with the bond particulars on form DE-160 (1004); accountings in the Summary of Account format, supplemental and amended accounts, waivers of accounting and distribution petitions (1005); family allowance orders for a definite period usually not over 12 months (1006); no order or letters of general guardianship before each proposed guardian has viewed the online guardianship orientation and filed the Declaration of Completion of Orientation for Guardian, filed the Confidential Guardianship Questionnaire (PRO-004) and, with each household member over 18, completed Live Scan fingerprinting (1007); no order or letters of general conservatorship, except for the public guardian or a qualified professional conservator, before each proposed conservator has viewed the online orientation and the video "With Heart: Understanding Conservatorships," printed or downloaded the Handbook for Conservators and filed the Declaration of Completion of Orientation for Non-Professional Conservators, filed the Confidential Conservatorship Questionnaire (PRO-006) and completed Live Scan fingerprinting (1008); no out of state conservator without good cause (1012); care plans under Probate Code section 2351.2 on forms GC-355 and GC-356 (1013); independent powers limited to specific factual situations and enumerated in the statute's language, sales of real property returned for confirmation (1014); a minimum bond of $10,000 in conservatorships and guardianships of the estate (1015); sanctions or surcharges for incorrect filings (1016); the conservatee's appearance and an updated Capacity Declaration on a petition to terminate, and a certified copy of the death certificate within 30 days of the conservatee's death (1017); accountings in the format for decedents' estates with current addresses, bond adequacy, and an Order to Show Cause if an accounting is not filed (1018); appointed counsel for a conservatee or ward not later representing the conservator or guardian (1019); final distribution on a conservatee's or ward's death only after a personal representative is appointed, and the investigator's assessment paid before termination (1020); and limited conservatorships - the regional center report, a hearing set at least 30 days after notice to the regional center (Appendix 6), and confidential envelopes for sensitive reports (1021)
Rules 1022 to 1058: the LPS individualized treatment plan filed within 10 days of the establishment of the conservatorship, a review hearing within 20 days, the plan's goals and review approved and subscribed under penalty of perjury by a qualified professional person, a written report filed at least two weeks before each review hearing, and the conservatee present unless the presence is waived (1022); orders at variance with the rules on good cause (1025); definitions - hearing officer, facility (Kaweah Delta Mental Health Hospital the only licensed facility), patients' rights advocate, public facility and professional person (1026); the public defender for indigent patients and private counsel otherwise, the court deciding compensable services and reimbursable costs (1027 and 1028); the public defender or alternate defense counsel representing patients, the District Attorney's Office prosecuting the writs of habeas corpus, and the facility's counsel representing the physician in Riese hearings and appeals (1029); hearing officers who are attorneys (1030); LPS conservatorships heard in the Visalia Division on Tuesdays from 8:30 a.m.-10:00 a.m., writs and Riese writs and appeals within two court days, certification review and original Riese hearings at the treating facility, and section 6500 and In Re Hop proceedings on Thursdays from 8:30a.m. -10:00 a.m. (1031); LPS jury trials set by the assigned judge (1032); mental health petitions set by the legal filings clerk on the customary hearing date (1033); certification review hearings on Tuesdays and Fridays and original Riese hearings on Mondays, Wednesdays, and Fridays at 4:00 p.m. at Kaweah Delta Mental Health Hospital, and writs and Riese writs and appeals heard at 8:30 a.m. within two court days - petitions filed on Mondays heard on Wednesdays, on Tuesdays on Thursdays, on Wednesdays and Thursdays on Fridays, on Fridays on Mondays - filed with the mental health clerk, a Riese appeal with a proposed order, and heard first (1034); writs on optional Judicial Council Form HC-002 (1035 and 1041); writ and Riese hearings scheduled on filing, the mental health clerk notifying the facility and counsel, and witnesses by court call on the consent of all parties (1036); the county's burden by a preponderance on a writ (1037); certification review hearings for 14-day and 30-day holds within four days of certification, postponable 48 hours, at the facility, informal, with counsel or an advocate, notice to family members and a written decision (1038 to 1040); Riese hearings on a treating physician's petition delivered or faxed to the mental health clerk and set within two court days whenever possible, interpreters arranged by the facility, counsel meeting the patient in advance, the physician's burden by clear and convincing evidence, the patient's right to be present, a determination at the hearing, and confidential records (1042 to 1057); and Riese appeals heard within two days - petitions filed on Mondays and Tuesdays heard on Wednesdays, on Wednesdays and Thursdays on Fridays, on Fridays on Mondays (1058)
Rules 1059 to 1063: fees, commissions and compensation to fiduciaries and their attorneys determined as just and reasonable on a properly captioned petition explaining the calculation and listing the dates, nature, hours, person and hourly rate of each service, noncomplying requests continued one time for at least two weeks, paralegal compensation only with prior court approval, no fees or commissions paid before an authorizing order, statutory fees allowed in proportion to the work completed with the last 25 per cent usually after the final accounting, the factors for extraordinary fees, petitions for extraordinary fees over 25 percent of statutory fees mailed to those entitled to notice, and conservator, guardian and attorney compensation only with court approval on a statement of the amount requested (1059); blocked accounts encouraged, bonds in conservatorships and guardianships waived only in the cases listed, the depository's receipt and agreement filed before letters issue, and bonds reduced, assets released and bonds increased on ex parte petitions (1060); an Increased Bid in Open Court form (Appendix 7) completed and signed on a successful overbid, no real estate commission to a purchaser, personal representative or fiduciary who is a licensed broker or salesperson without good cause, and broker compensation disputes heard separately after a face-to-face meet and confer (1061); a personal representative's or attorney's creditor's claim approved on a noticed petition served at least 15 days before the hearing, except funeral and last illness expenses not exceeding $5,000.00, claims less than $1,000.00 and the other cases listed (1062); and adoption hearings set by the calendar clerk in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center only after the Family Code section 8604 consents are filed or consent is judicially dispensed with, stepparent adoption investigations and reports by Family Court Services, other investigations by the Adoptions Division of the Tulare County Health and Human Services Agency, the section 8610 accounting report, the consent of a child twelve years of age or older, the section 8612(b) acknowledgment and the proposed adoption decree lodged before a hearing is set (1063)
Standing Order SSC-6-12, effective August 1, 2012, requiring civil litigants filing case initiating pleadings in unlimited civil matters - complaints, cross-complaints, petitions and applications - to provide one additional complete paper copy of the pleading at the time of filing (a total of an original plus 3 copies), stamped with the date of filing, marked “Public Access Copy – Not Official Court Document” and placed in the Court's Public Access Bin for two weeks, never removed from the Court building; in probate estate and trust cases, the names of the Trustor, Petitioner and/or Trustee added and beneficiaries not added; a Petition for Probate of Will e-filed with a copy of the will and a coversheet, the original will delivered to the Clerk's Office no later than 3 weeks before the hearing on pain of the hearing being continued or dismissed; and jury fees accepted only with a document filing.
From August 17, 2026, all ex parte hearing requests e-mailed to crc_civil@stanct.org with the department number and “Ex Parte Hearing Request” in the subject line and the case name, the case number and a contact phone number in the body of the email, a courtroom clerk then contacting the requester; the Probate Examiner reviewing all probate matters set for hearing and all ex parte applications in probate matters and posting probate notes on the Court's website, correspondence for the Probate Examiner sent through the clerk's office on the 4th floor or to probate.examiner@stanct.org; a decedent's will delivered to the Court within 30 days of the death or of learning of it (Probate Code §8200), a cover sheet provided and a $50 fee applying, at the Probate Unit in the Civil Clerk's office (801 - 10th Street, Fourth Floor, Modesto); probate matters heard Tuesday - Friday of each week at 8:30 a.m., every petition and application requiring a hearing assigned a calendar date upon filing; conservatorship hearings scheduled approximately 45 to 60 days from the filing of the Petition for Appointment of Conservator, the Conservator's Handbook purchased before the Court will consider the petition; and adoption hearings set 15 to 20 days after the necessary papers are filed and only after the Department of Social Services' report, scheduled by the Family Court Services division of the Family Law Clerk's Office (1100 I Street, Modesto) once all necessary documents are filed.
A personal representative maintaining all estate cash in an interest-bearing financial account or other investments authorized by law, except an amount reasonably necessary for orderly administration of the estate (Probate Code §9652) - estate funds deposited neither into the attorney's client trust account nor all into a non-interest-bearing account without the court's prior approval; the Letters agreeing with the signed Order, the Probate Examiners reviewing Letters before issuance, which affects obtaining issued Letters the same day as the petition hearing; an Inventory and Appraisal filed in all decedent's estates, conservatorship and guardianship matters by the statutory date even when the estate has no assets, a failure very likely resulting in a required court appearance; where the Inventory and Appraisal was submitted to the probate referee but not filed before the Inventory Review date, a declaration by the personal representative or counsel attesting to it with an anticipated timeframe for filing, the Court in its discretion continuing the Inventory Review hearing without required appearances; and, for a proposed personal representative residing outside California, the Court advised of any known California creditors or liabilities, by a verified declaration in advance of the hearing, the Court in its discretion approving the petition without requiring appearances.
Probate cases filed in the Clerk's Office at City Towers Courthouse, 801 10th Street, 4th Floor, Modesto, where the probate hearings are held; the probate clerk setting a hearing date, the petitioner giving notice of the hearing and filing the proof of mailing and the proof of publication before the hearing, and the Probate Examiner's notes posted on the Court's website, additional documents filed to cure the defects listed; a matter taken off calendar reset on request, re-notice and re-publication necessary where applicable; postings for upcoming petitions on the bulletin board inside the Civil Clerk's Office lobby on the fourth floor of 801 10th Street; the custodian of an original Will delivering it to the Clerk's Office within 30 days of learning of the death, with a $50 fee unless it accompanies a petition for probate; and, where intestate proceedings are published with a request to “admit decedent’s wills and codicils, if any,” the Court reading “if any” as applying to “codicils”, finding the notice misleading and ordering republication with corrected language, the republication fee not reimbursable.
Rules 4.24 to 4.32: an appointment required for a traffic arraignment hearing - booked on or before the "appear/respond by" date and scheduled at least five court days out, online, by phone or in person - or arraignment and trial on the same date by posting bail under Vehicle Code 40519 with form TR-006 for a written not guilty plea, full bail paid as a bail forfeiture reported to the DMV as a conviction, traffic school completed within ninety (90) days of the bail forfeiture, timely proofs of correction, and hearings including trials in person or by remote technology on a written consent (4.24); the bail schedule of California Rules of Court rule 4.102 (4.25); infraction trials under Vehicle Code Section 40901, Penal Code section 19.8 offenses filed in the Traffic Division deemed infractions, and Welfare and Institutions Code section 603.5 adopted for minors (4.26); the Clerk's Office granting up to two (2) separate continuances of not more than thirty (30) days each of the appear/respond by date, of the due date to pay an unadjudicated fine and of the traffic school completion date, on requests made at least two Court days before the deadline (4.27); a trial by written declaration requested on form TR-205 by the respond by date, not available when a personal appearance is mandatory, the bail deposited, evidence in writing or on a CD (flash drives not accepted) (4.28); a failure to appear possibly treated as an election to proceed with trial by written declaration (4.29); motions in writing, decided without a separate hearing where possible (4.30); requests to reduce fines for financial hardship on form TR-320, through MyCitations or at an ability to pay hearing, a designated clerk reviewing online requests from recipients of public benefits, payment in full within sixty (60) days or an installment plan on form TR-300 and the Court's Payment Plan Enrollment Form, traffic school bail and fees due within ninety (90) days, community service on request completed within ninety (90) days with letters on letterhead as proof, and further proceeding hearings to review compliance (4.31); and the domestic violence protocol - the criminal court inquiring about children and other orders when issuing criminal protective orders, the Restrained Person Pamphlet, the Protected Person Pamphlet, modification on an Application for Modification of Criminal Protective Order signed by the appropriate Judge and personally served no less than ten (10) calendar days before the hearing, family, juvenile and probate orders for safe access to children not conflicting with a criminal protective order, and the sharing of orders between divisions and agencies (4.32).
Rules 8.00 to 8.41: decedent's estate and trust matters heard Tuesday through Thursday at 8:30 a.m., conservatorship and guardianship matters Tuesday and Thursday at 8:30 a.m. and LPS conservatorship matters Tuesday and Thursday at 9:30 a.m., calendared upon filing by the Civil Unit or the Family Court Services Unit, early settings only for good cause, and the Clerk of the Probate Court at 801 10th Street, Fourth Floor (mail: P.O. Box 3488) (8.00); the rules' application to estates, guardianships, adoptions, conservatorships and trusts (8.01); papers necessary for a hearing filed at least five (5) court days before it, a late filing fee of $25 per document possible (8.02); papers conforming to CRCs 2.100 and 3.1110, and electronically filed Letters bearing the appointee's electronic signature (8.03); the Probate Examiner's notes on the Court's website and questions e-mailed to Probate.Examiner@stanct.org (8.04); the hearing date below the case number on every document filed in a matter set for hearing (8.05); probate law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved with the probate clerks at (209) 530-2010, moving documents filed within five (5) court days of the reservation, tentative rulings after 1:30 p.m. the court day before, and hearings requested by phone or by e-mail to civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party (8.06); a guardian ad litem considered where an heir is a minor or an unborn person or an adult alleged to lack capacity - the petition's contents and what a guardian ad litem may not do without prior court approval (8.07); hybrid probate and civil pleadings, and quiet title actions filed in the Civil Court (8.08); a noticed probate matter not advanced (8.11); notice of a petition to administer an estate published under Prob. Code § 8120 and CRC 7.54, defects requiring republication (8.12); the notice requirements confirmed for every petition (8.13); the persons entitled to notice - heirs, beneficiaries, trustees, non-petitioning executors and the California Attorney General - a declaration of search efforts for an unknown address, and counsel doing the mailing the Probate Code assigns to the clerk (8.14); notice to foreign consuls (8.16); notice to the Director of Health Services, a proof of service or declaration filed in all decedent's estate matters (8.17); a named executor's written declination filed (8.18); wills proven by declaration filed at least five (5) Court days before the hearing, and self-proving wills (8.23); typewritten copies of holographic wills and certified translations (8.24); petitions naming all persons in the will and codicils, trustees and beneficiaries, contingent beneficiaries, revoked devisees and the personal representative's street address (8.26); a minimum bond of $20,000 (8.33); ex parte requests - those handled without appearance, others reviewed by the Probate Examiner with a ruling or hearing date within 72 hours, law and motion ex parte matters approved and scheduled by the assigned judge through the courtroom clerk before filing, five (5) days' notice on ex parte conservatorship or guardianship petitions assigned a hearing date, a Declaration of Due Diligence to waive or shorten notice, papers submitted by 2:00 p.m. the afternoon before the hearing, verified petitions and separate complete orders (8.35); no oral testimony on a verified petition (8.36); contested matters - a face-to-face meeting before the hearing, matters submitted on the pleadings heard at the end of the calendar, long-cause hearings of two (2) hours or less on a date certain (8.37); and orders prepared by counsel, delivered to the Probate Unit at least five (5) Court days before the hearing, complete in themselves, filed immediately after signing on pain of being null and void, and an inventory review hearing six (6) months after the appointment of a personal representative (8.41).
Rules 8.106 to 8.149: guardianship matters - consolidation with adoption, temporary and general guardians, notice, investigation fees, documents to the Court Investigator and mediation - referred to Family Law Rule 7.27 (8.106 to 8.113); a temporary conservatorship petition filed with or after the general petition, notice under Prob. Code § 2250(e), review by the Court Investigator and the Probate Examiner before the ex parte hearing, and an ex parte application ordinarily entertained only with some urgency (8.114); general conservatorship petitions heard at 8:30 a.m. Tuesday through Thursday and set at least forty-five (45) days after filing, and a subpoena of the Court Investigator for a long cause matter personally served 30 days before the hearing with $275.00 (8.115); the conservatorship investigation fee paid to the clerk, waivable for hardship (8.116); each proposed conservator, temporary ones included, purchasing the Conservator's Handbook from the Probate Division before the petition is considered, the Public Guardian and corporate fiduciaries exempt (8.117); proposed transactions under Probate Code § 3100 with a medical declaration of a spouse's lack of capacity (8.118); substituted judgment petitions informing the Court of all relevant circumstances, and annual accountings of a resulting trust (8.119); independent powers granted only as necessary, set forth in the order and the letters, sales still confirmed by the Court (8.120); the inventory and appraisal filed within ninety (90) days after the appointment (8.123); accounts with the required information, explained market values, a separate accounting for each ward, bank statements for the period's ending date, and separate final accounts before and after the date of death (8.125); the Court Investigator's report on each accounting (8.126); accounts dispensed with under Prob. Code § 2628, ex parte on optional Local Form PR-002, final guardianship accounts ordinarily waived only for funds in a blocked account and never where a bond has not been posted (8.127); counsel for CARE Act respondents - a qualified legal services project first, then the Stanislaus County Public Defender, who reports a conflict within two (2) Court days, then the Stanislaus County Alternate Defender (8.137); notice of pendency of adoption actions sent by the clerk, petitioners furnishing the investigating agency with the papers and fees (8.141); finalization only after the birth parents' consents or termination of their rights, the agency's report and the Court Report of Adoption, and the petitioners' unsigned consent, proposed decree and request for hearing (8.142); file-marked petitions forwarded within thirty (30) days to the State Department of Social Services for independent adoptions, to the placing agency for agency adoptions and to the Community Services Agency for step-parent adoptions, whose investigation fee is paid within one (1) year, petitions not finalized within eighteen (18) months subject to dismissal (8.143 to 8.145); private mediation of kinship adoption agreements (8.146); petitions to terminate parental rights or free a minor forwarded with contact information to the investigating agency within ten (10) days (8.147); the investigation report under Family Code § 7663 and due diligence to find alleged fathers before notice is dispensed with (8.148); and freedom from parental custody - the $380 investigation fee at filing, the petition to the Family Court Investigator within ten (10) days, personal service of the citation at least ten (10) days before the hearing, and service by publication on a declaration of due diligence, the hearing then set approximately seventy-five (75) days from filing (8.149).
Rules 8.42 to 8.105: a reasonable family allowance paid without approval under the Independent Administration of Estates Act (8.42); an order for family allowance limited to six (6) months before the inventory and appraisal is filed and to one year after, renewable for good cause shown in writing (8.43); the application's contents (8.44); a petition for family allowance ex parte only before the inventory is filed and within six (6) months of qualification, a non-representative's petition needing the representative's consent or waiver of notice (8.45); retroactive payment beyond two (2) months discouraged and late applications noticed (8.46); specifically devised property sold or encumbered only on Court approval after ten (10) days' notice or with the devisee's consent (8.53); real property appraised within one (1) year of the sale (8.54); published notice of sale unless the Independent Administration of Estates Act or the will dispenses with it, and no offer accepted before the date in the notice (8.55); mailed notice of the confirmation hearing at least fifteen (15) days before it (8.56); the legal description and the common street address in notices and petitions (8.57); an order confirming sale not filed until any additional bond is filed (8.58); brokers' commissions of at most 6 percent (6%) for improved and ten percent (10%) for unimproved real property (8.59); deposits of ten percent (10%) with bids and a cashier's check of ten percent (10%) of the first overbid (8.60); conditional sales ordinarily not approved (8.63); sales where the buyer assumes an encumbrance ordinarily not confirmed (8.64); every account opening with the Summary of Account, with the schedules of Prob. Code §1062 and the petition's required disclosures (8.65); allocation of trust receipts and disbursements under Prob. Code §1063 (8.66); debts paid on verified claims, or approved without one only on a verified petition or testimony (8.67); reserves on final distribution - under $5,000 discharged on form DE-295, $5,000 to under $20,000 with a supplemental declaration, $20,000 or more with a supplemental accounting set for hearing (8.68); distribution without an account only in a solvent estate, the report's required contents, and notarized waivers of account (8.69); accounts personally signed by each fiduciary (8.70); vouchers not filed unless ordered (8.71); wrongful death damages held for the statutory beneficiaries, injury and property damages inventoried (8.72); a petition for final distribution or a verified report of status within one (1) year of letters, or eighteen (18) months where an estate tax return is required, and a status review hearing six (6) months after the inventory review (8.82); the report of administration's allegations and schedules - creditors' claims, taxes, the required notices, the computation of fees and commissions, costs, an all-inclusive caption, assets on hand and the proposed distribution (8.83); the documents required before distribution to minors - letters of guardianship, form MC-355 for a blocked account, a custodian's acceptance, a parent's written assurance (8.84); no distribution care-of an attorney without the heir's written consent (8.86.1); distribution by agreement on a notarized written agreement (8.87); disclaimers on file before the hearing (8.88); petitions to dispense with guardianship or conservatorship accounts submitted ex parte on the suggested form PR-002 (8.91); a discharge review hearing, or an account review hearing for retains of $20,000 or more, six (6) months after the order of final distribution (8.92); verified petitions to establish the fact of death, and orders obtained ex parte with a death certificate, the deed and the proposed order (8.93 to 8.95); no attorneys' fees for joint tenancy proceedings in an estate fee petition (8.96); petitions to set aside heard with any petition for letters (8.97); spousal property petitions with separate schedules, the listed allegations and a deed demonstrating current title (8.98); petitions to succeed to a personal residence with a proof of subscribing witness and a deed (8.99); notice of a petition under the Independent Administration of Estates Act, and the Notice of Proposed Action filed with its affidavit of mailing (8.100); and notice of a Special Needs Trust accounting to the State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services (8.101.1).
Probate Examiners reviewing all papers filed with the probate court for compliance with the probate code, local court rules and the court's policies, their notes identifying deficiencies before the hearing (the Probate Examiner Line); remote appearances in probate through the Remote Court Hearings page, J1-Probate under the Juvenile Justice Center, arriving 30 minutes early, and for a probate matter set in Traffic Courtroom T1 at 3131 Arrow St. by contacting the Probate Clerk's Office; venue for Probate, Guardianship, Conservatorship, Minor Compromise (where no civil case exists) and Fact of Birth, Marriage, and Death cases at the Juvenile Justice Center, 2100 College Ave; copies by mail on a written request with the case number, the date and name of the documents, contact information, the fee and a self-addressed stamped envelope - for a copy of a will, a court order for production of the will or a certified copy of the decedent's death certificate; CourtCall appearances under California Rules of Court, rule 3.670, pre-cleared at least five (5) COURT days prior to the hearing; postings for upcoming petitions for sales of property on the bulletin board outside the Probate Department; and the probate form packets and local forms.
From January 1, 2025, $600 paid at the time of filing petitions of relative guardianship and petitions to terminate guardianship, and a fee of $600 at the time of filing Temporary Conservatorship Petitions, Conservatorship Petitions, Termination of Conservatorship Petitions, and/or Court Ordered Investigations, Biennial Reviews of Conservatorship requiring a fee of $300 due after the investigation report has been submitted, a fee waiver on financial hardship; Family Court Services appointed to investigate proposed relative guardians (Probate Code § 1513(a)), background checks since January 2, 2020 for all petitioners and other adults residing in the home, and a guardianship questionnaire completed and submitted to Family Court Services, by email if the petitioner chooses; a Court Investigator for limited and general conservatorships of the person and the estate, LPS conservatorships not covered; and a subpoena of an FCS Investigator served on the FCS Management Team at least 10 calendar days before the hearing, with a receipt of the witness fees of $275.
Chapter VIII, Rules 8.1 to 8.9.2: pleadings complying with Rules 2.100-2.119, 2.256(b) and 3.1110 of the California Rules of Court and specifying the department number and hearing date (8.1.1); court appearances required at all hearings unless the matter has been recommended for approval, and remote appearances (8.2.1 to 8.2.2); matters proper to be submitted on the pleadings (8.2.3); hearing dates obtained after the Court's review, and law and motion dates pre-cleared and reserved (8.3.1 to 8.3.1.1); examiner's notes posted on the court's website, and continuances stipulated by counsel approved by the Court and of no less than seven (7) calendar days (8.3.2 to 8.3.2.2); a Mandatory Settlement Conference in any contested probate matter estimated at more than one (1) day (8.3.3); orders - production of a will, the contents of probate orders, continuing payments and ex parte proceedings (8.4 to 8.4.4); special administration, allegations re heirs or beneficiaries, wills and codicils as exhibits, proof of wills, declinations and consents, and multiple representatives (8.5 to 8.5.6); sales of real property (8.6 to 8.6.4); inventories, accounts and petitions for distribution (8.7 to 8.7.6); fees requested as a specific sum and extraordinary fees (8.8 to 8.8.4); and bonds and supporting documents in guardianship and conservatorship accounts (8.9 to 8.9.2).
Chapter VIII, Rules 8.10 to 8.19: guardianships - the notice required by Probate Code section 1511, temporary guardians, guardianship questionnaires, investigations and investigation fees, CLETS reports, notice of a change of address within thirty (30) days, assessments, resignation and the guardian's duties (8.10 to 8.10.8); conservatorships - the citation, appointment and investigation, appointed attorneys, notice of a change of address within thirty (30) days, assessments and resignation (8.11 to 8.11.5); law and motion and discovery in probate (8.12 to 8.12.1); withdrawal of attorneys of record by motion (8.13); consolidation with the lowest number (8.14); petitions under Estate of Heggstad (8.15); trustee compensation (8.16); a copy of the trust instrument filed or the original lodged (8.17); the witness fee for a Family Court Services investigator under Government Code section 68097.2 paid before serving the subpoena (8.18); and attorney fees for the trust (8.19).
CARE Act proceedings (Welfare & Institutions Code Sections 5970 - 5987) for respondents 18 years of age or older with schizophrenia spectrum or another psychotic disorder; the court's self-help staff for CARE Act procedural questions (walk-in Monday 9:00 a.m. - 2:00 p.m., Tuesday and Wednesday 9:00 a.m. - 1:00 p.m.; telephone and email Thursday and Friday 9:00 a.m. - 3:00 p.m.); the Petition to Commence CARE Act Proceedings (CARE-100) with a Mental Health Declaration (CARE-101) or evidence of two intensive treatments, the most recent within the last 60 days; filing in person at the Probate Clerk's Office at the B.F. Sisk Courthouse, 1130 O Street, Third Floor, by email to carecourt@fresno.courts.ca.gov, by the Drop Box in the lobby of the B.F. Sisk Courthouse (Monday - Friday 8:00AM - 5:00 PM), electronically via eFile or by mail; no fee to file a petition; hearings planned on Tuesday at the M Street Courthouse - arrive at least 30 minutes before the hearing and report directly to Department 97B; a report from Behavioral Health Services within 14 business days when the petition shows the respondent meets or may meet the criteria; the petitioner to be present at the initial appearance or the petition may be dismissed; and CARE Act hearings closed to the public.
From July 1, 2025, under Code Civ. Proc. §1010.6, a represented party who has appeared to accept electronic service, an unrepresented party able to consent; court forms and documents typed or printed in blue-black or black ink; the Probate Clerk to assign a hearing date when a petition is filed, the petitioner to give notice to all interested parties; the Probate Examiner Notes listing potential deficiencies, cured by an explanatory declaration, an amendment or a supplement in a file format acceptable to the court - e-mails and faxes to the Probate Examiners not sufficient; from August 1, 2022, appearances in person or by pre-approved remote appearance by Zoom (revised Local Rule 7.21, CCP section 367.75 and CRC rule 3.672) - a Notice of Remote Appearance form (RA-010) filed at least five court days prior to the hearing with an e-mail address, e-filed as a separate document, requests in evidentiary hearings directed to the assigned judicial officer, and confidential mental health proceedings heard by Zoom without prior approval; no court reporter assigned to probate matters; and the Probate Clerk's Office hours, Monday - Thursday 8AM - 3PM and Friday 8:00AM - 12:00 PM.
A general conservatorship (Probate Code § 1800, et seq.) - the proposed Conservatee personally served with a citation issued by the court, a Court Investigator assigned to interview the proposed Conservatee and to visit one year after the appointment and every other year thereafter, and the hearing set approximately 30 days from the date of filing; a limited conservatorship for a person who is developmentally disabled; a petition to appoint a temporary conservator submitted to the judge on an ex parte basis, the petitioner with no opportunity to speak directly with the judge, all supporting information and the relevant medical, police or Adult Protective Services reports in the application; the conservatorship video and certificate; and the form packets at the Probate Clerk's Office.
A Court Investigator assigned to every guardianship and conservatorship case to interview the necessary parties; investigative fees automatically assessed, the investigator reviewing financial information case by case; payment at the counter by cash, check, money order or credit card, checks payable to Fresno County Superior Court; and monthly installments of investigative fees by a Payment Agreement Form (PPR-20) submitted to the Probate Clerk's Office, a minimum monthly payment of $50.00, a change of address to be noticed.
The hearing on a Petition for Appointment of Guardian generally set 60 to 75 days from the date of filing, a Court Investigator appointed to complete a background investigation on each proposed guardian, any adult living in the home and any potential caregiver; in a guardianship of the estate the funds generally placed into a blocked account, expenditures only on prior court approval; a petition to appoint a temporary guardian submitted to the Judge on an ex parte basis, a supporting declaration with detailed information and copies of any police reports or CPS recommendations recommended; the Caregiver's Authorization Affidavit (FC § 6550) as an alternative; the form packets at the Probate Clerk's Office (Room 300) or online at no cost; and the Guide and File interview, the self-help packet and a Guardianship Clinic usually offered twice a month by Central California Legal Services.
Chapter 6, Rules 6.5 to 6.7 (Dependency Motions and Orders, Coordination of Court Proceedings, Medical Matters): a motion to challenge the legal sufficiency of the petition made as early in the proceedings as possible (6.5.1); ex parte applications to calendar hearings on the Ex Parte Application to Calendar and Order form, with seven (7) calendar days written notice of the hearing date or the other parties' consent (6.5.2 to 6.5.3); routine ex parte applications for out-of-state travel or medical/dental care filed no less than fifteen (15) calendar days before (6.5.4); non-routine ex parte applications heard at 8:30 a.m., the applicant to advise the judicial officer by 3:00 p.m. and give notice to all counsel by 4:00 p.m. on the day before, on the Declaration Re Notice of Ex Parte Application form (6.5.5); noticed motions with ten (10) calendar days written notice (6.5.6); a motion for more or less restrictive placement (6.5.7 to 6.5.8); a “388” consent calendar on a designated day of each week with at least five (5) court days' advance notice (6.5.9); visitation as frequent as possible, with the definitions of supervised, reasonable, liberal and extended visits (6.5.10); the care provider may authorize travel within California, out of state only with prior court approval (6.5.11); an application to DSS to file a petition under Welfare & Institutions Code § 329, DSS to respond within three (3) weeks (6.5.12); the party requesting a rehearing to serve a copy on the referee within one (1) judicial day (6.5.13); the court to identify and coordinate custody proceedings involving the same minor, the parties to inform the Court of protective, custody and visitation orders, and criminal protective orders to take precedence (6.6.1); family law and probate custody and visitation proceedings suspended for eighteen (18) calendar days after a report of suspected child abuse or neglect, and on a Welfare & Institutions Code § 300 petition (6.6.4); medical consent by DSS or the Probation Department, emergency medical consent twenty-four (24) hours a day (6.7.1); and court authorization for psychotropic medication on the JV-220 Application, an opposition within two (2) court days after notice, and an order to expire no later than six (6) months from date of issuance (6.7.2 to 6.7.3).
Chapter 7, Rules 7.1 to 7.14 (Pleadings to Disclaimers and Assignments in Probate Estates): the Probate Code section that allows the requested relief below the title of the pleading, and a proposed Order with all pleadings that request relief, received ten (10) days before the hearing (7.1.1); a separate case number and a current filing fee for trust matters (7.1.2); parties required at all hearings unless the matter has been recommended for approval, to appear in person or remotely (7.2.1); remote appearances by Zoom, at no cost, on a Notice of Remote Appearance form (RA-010) filed at least five court days prior to the hearing with an e-mail address, e-filed as a separate document (7.2.2); all matters reviewed in advance by Probate Examiners and pre-approved when all procedural requirements have been satisfied, the Examiner Notes on the Court's website, and documents to cure irregularities up to two (2) court days before the hearing (7.3); matters not ready for hearing continued, the Probate Clerk's Office may grant a maximum of two continuances, and written objections filed and served no later than five (5) days before the continued hearing (7.4 to 7.4.5); a Status Hearing when a required account, report, or petition for distribution is not timely filed, verified Status Reports no later than five (5) days before the hearing (7.5); orders complete in themselves, monetary distributions stated in dollars, and nunc pro tunc orders correcting clerical errors (7.6 to 7.6.3); ex parte applications verified and accompanied by a separate order complete in itself, no testimony taken (7.7); blocked accounts in federally insured, interest bearing accounts, withdrawals requested by ex parte application and paid directly to the vendor or service provider, and the policy of the court to block all funds in Guardianship Estates (7.8 to 7.8.3); publication by city as listed, and anywhere else within the County of Fresno in the Fresno Bee or the Fresno Business Journal (7.9); the names and signatures of all appointed persons on each copy of the Letters, and a personal representative's birth date and driver's license number kept confidential (7.10 to 7.10.1); final, partial, supplemental and corrected inventory, and the Inventory and Appraisal to describe real property by legal description (7.11 to 7.11.2); petitions for distribution that list and describe all property, its character and the legal description and APN of all real property, no distribution in undivided interests without written consent or good cause, and an informal accounting of a closing reserve in excess of $5,000.00 (7.12 to 7.12.6); a waiver of accounting petition with the current status of all inventoried items (7.13); and disclaimers and assignments on file before the hearing on distribution (7.14).
Chapter 7, Rules 7.15 to 7.23 (Conservatorships and Guardianships to Video Conferencing in Medication Capacity / Riese Hearings and Writ of Habeas Corpus Mental Health Hearings): the court to assess fees for the cost of investigations in guardianship and conservatorship cases unless waived, petitioners who do not qualify for a waiver may request a monthly installment plan (7.15.1); only those independent powers necessary in each case (7.15.2); temporary requests considered ex parte, the court generally to deny the ex-parte appointment of a temporary guardian unless a present emergency exists and the minor is currently residing with the petitioner (7.15.3); no conservator or guardian of the estate when the only asset or income is public assistance benefits, a separate case number for each minor in a guardianship of the estate, two additional copies of the following when a guardianship petition is filed by a self-represented litigant, and no guardianship ordinarily considered if a matter involving custody of the child is presently pending in the Family Law Court or the minor is subject to the Juvenile Court (7.15.4 to 7.15.7); the proposed conservator to view the video “With Heart: Understanding Conservatorships” before the hearing (7.15.8); the compensation of a court-appointed attorney paid by the conservator of the estate, the person represented, or the County under the Court's Claims Processing Policy, time detailed in .1 hour (6 minute) increments, requests submitted over six (6) months after services not eligible and those more than ninety (90) days after reduced by fifteen percent (15%) (7.15.9); attorney fees and commissions awarded based upon what is just and reasonable under California Rules of Court, Rules 7.750 through 7.752, or flat fees - $2,500.00 for establishment of a conservatorship or guardianship and the first account, $2,500.00 for a court confirmed sale of real property, $600.00 for income tax returns, $1,250.00 per year for each timely filed subsequent account, and for guardians and conservators 10% of the sales price of personal property up to $1,000.00 and $1,000.00 for a sale of real property - and no fees before an inventory is filed or ninety (90) days from the issuance of letters (7.16); costs advanced reimbursed without prior court permission and business expenses not reimbursable (7.17); extraordinary fees in decedent's estates without further justification - for attorneys $2,500.00 for court confirmed sales of real property, $2,000.00 for a Federal Estate Tax return and $500.00 for an Estate Income Tax return, and for personal representatives $1,000.00 for sales of real property (7.18); the proposed trust instrument attached to the petition, court confirmation of sales of trust real property, and no payment of fees without prior court approval under continuing court supervision (7.19); an overbid in court with ten (10) percent of the minimum overbid (7.20); financial account statements supporting conservatorship and guardianship accounts, filed separately as “confidential financial statements” (7.21); statutory attorney's fees to a personal representative who is an attorney only on petition filed within ninety (90) days of the initial appointment (7.22); and medication capacity and writ of habeas corpus mental health hearings held via video conference (7.23).
Probate matters heard by remote videoconference via Zoom unless otherwise ordered, the notice of remote appearance submitted no later than five days before the hearing; filing by mail, by fax ($1.00 per page, 20 pages maximum) or in person from 8:00 a.m. to 4:00 p.m.; an original will lodged with the clerk within 30 days of knowledge of the death (Probate Code section 8200); no adjudicated newspaper in Alpine County - a required notice published in the adjudicated newspaper of general circulation published nearest Markleeville and circulated where the decedent resided or the property is located (Probate Code section 8121(b)); a probate referee where real property is involved.
The court's local form SIE-0038-INFO (Rev. 2/14/2024), Information Sheet on Personalized List of Rights, for Sierra County Local Form SIE-0038, Personalized List of Rights: Probate Code §1835.5 requiring conservatees to be provided with a list of their rights, and any rights that were withheld by the court; the form completed by the conservator and filed when a petition is filed that requests an order that will change the rights of the proposed conservatee or conservatee, within 30 days after an order is made that changes those rights (if a correct form was not already filed) and within 30 days after the court enters an Order Appointing Court Investigator (if correct form was not already filed); the orders that change those rights - an Order Appointing Probate Conservator (form GC-340), an Order Authorizing Conservator to Give Medical Consent for Medical Treatment (form GC-385), and orders under Elections Code 2208 and Probate Code 1873, 1901, 2350, 2450, 2351(a), 2357 and 2601; and separate instructions for a conservatorship and a limited conservatorship on completing the form's Personal Rights, Estate Rights, and Other Rights from the boxes checked on form GC-340 and on Attachments 31, 32, and 33 (form SIE-0038), with tables of the boxes to check.
Chapter 14 (Rules 14.01 to 14.17): every pleading that requires a hearing set on the regular calendar at filing - the conservatorship and guardianship calendar on Mondays at 9:30 A.M. and the probate calendar on Mondays at 10:00 A.M., counsel advised to consult the Clerk - the attorney or self-represented party who files the pleading to select the initial hearing date (14.01); all documents in support of a pleading filed no later than five (5) court days before the calendared hearing (14.02); pleadings executed and verified as required by the Probate Code (commencing with Section 1020) and Rule 7.101 (14.03); the petitioner, not the Court Clerk, to give notice and file the proof of service, a complete copy of the petition served with notice on a person requesting special notice, and on all interested parties when the fiduciary or attorney is requesting extraordinary fees (14.04); probate orders complete in themselves, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain or for a specified period, ex parte applications under Local Rule 3.03 with a separate proposed order and an allegation on special notice, notice to the District Attorney as Public Administrator, contingent heirs listed, Judicial Council form DE-131 for proof by a subscribing witness, and bond (14.05); the petitioner or attorney to appear at any hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions in decedent's estate matters deemed submitted without an appearance (14.06); the matters required in a petition for final distribution, and the terms of any testamentary trust set out in full (14.07); all accounts to comply with Probate Code §§1060 et seq., waivers of accounting given in writing by competent adults (14.08); a petition to establish the fact of death verified, with the instrument and the death certificate attached (14.09); a specific sum requested in all petitions for attorney fees (14.10); extraordinary fees measured by reasonableness and benefit to the interested parties, the petition itemized by date, time and service and the request included in the notice of hearing (14.11); the Court to refer all petitions for appointment of a guardian for an investigation, the petitioner to provide an additional copy for the investigating agency, applications for appointment of a temporary guardian submitted ex parte with a reconsideration hearing within 30 days, and petitions for a general guardian normally calendared for hearing six to eight (6-8) weeks after the petition is filed (14.12); the Modoc County Department of Social Services, the Public Guardian, and a fully completed Judicial Council Form GC-330 and an extra copy of the petition with a conservatorship petition (14.13); deposits into blocked accounts made into federally insured, interest-bearing accounts, the initial deposit not to exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) held in a single federally insured depository, the trustee of the account to file a receipt within 30 days, and withdrawals of principal or interest only when ordered by the Court, on a verified application with the following documents attached (14.14); accounts of guardians and conservators, the Court not to favor the waiver of final accounts by the ward (14.15); the conservator to notify the Court of a change of the conservatee's residence within thirty-days (30) (14.16); and the guardian or conservator to notify the Court in writing within thirty-days (30) of the death of the ward or conservatee and to petition to terminate the estate (14.17).
Chapter 15 (Rules 15.01 to 15.05): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile dependency proceedings except to the extent of a conflict (15.01); a weekly master calendar for dependency proceedings, detention matters set for hearing at 1:00 P.M. each Monday, the detaining agency to give notice to the Clerk by no later than 3:00 PM of the immediately preceding court day, or by 12:00 PM (noon) on that day for a hearing at any other time, and timely notice to all parties and counsel (15.02(A) to 15.02(B)); Local Rule 3.03 regarding ex parte applications applies in the Juvenile Court, no matter presented ex parte without prior notice to or waiver by counsel for each party except on good cause and for applications for funding for investigators or expert consultants (15.02(C)); every represented party entitled to competent counsel as defined by Rule 5.660 of the California Rules of Court, attorneys seeking appointment to meet its experience and education standards, applications by parents and guardians for appointed counsel presented by oral request in open court or by request to the Clerk, a Modoc County Public Defender or a private attorney or law firm appointed, attorneys for children appointed from a panel maintained by the Clerk, special appearances discouraged, claims for compensation submitted in writing in the form and time prescribed in Local Rule 13.07, and complaints referred initially to the appointed agency, attorney, or law firm and then in writing to the Presiding Judge (15.03); “Choices for Children” the designated Court-Appointed Special Advocate (“CASA”) program for Modoc County, advocates appointed on request or the Court's own motion, sworn in and bound by the rules, given timely notice of any motion, CASA Reports served not later than five calendar days prior to the hearing at which a Report will first be considered, and CASA matters granted calendar priority (15.04); and the provisions of Welfare & Institutions Code Section 827, et seq., which restrict access to information relating to dependency proceedings (15.05).
Chapter 16 (Rules 16.01 and 16.02): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile delinquency proceedings except to the extent of a conflict (16.01); a weekly calendar for delinquency proceedings, interested persons to confirm the date and time of a calendared matter by calling the Clerk (16.02(A)); and detention matters set for hearing at 1:00 P.M. on Mondays, the detaining agency to give notice to the Clerk by no later than 3:00 PM on the court day next preceding a hearing at any other time, and timely notice of the detention hearing to the Clerk, all parties and all counsel (16.02(B)).
Chapter 3 (Rules 3.01 to 3.08): this Section Three a guide to the conduct of all civil pretrial matters, subject to Rule 3.20 of the California Rules of Court, and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, and 527.8, the Family Code, the Probate Code, and the Welfare and Institutions Code (3.01); papers in support of or in opposition to a motion to comply with Rules 3.110-3.115 and Rules 2.100-2.119 of the California Rules of Court (3.02(A)); moving, opposing and reply papers filed and served as required by Code of Civil Procedure §1005(b), the Court counting the calendar days for the form of service and then the sixteen court days to the hearing, a hearing on a court holiday set on the next regularly scheduled law & motion calendar, and proof of service of the moving papers filed no later than five (5) calendar days before the hearing (3.02(B)); a party with in excess of ten (10) exhibits to have all exhibits pre-marked, with a cover sheet for the clerk (3.02(C)); failure to file and serve opposition may be deemed a waiver of objections and an admission that the motion is meritorious (3.02(F)); submission without appearance encouraged, notice of non-appearance given no later than two (2) days prior to the hearing date, two (2) court days when an out-of-county judge has been assigned (3.02(G)); Rules 3.1200-3.1207 of the California Rules of Court to govern ex parte matters in general civil law & motion proceedings and in family law and probate discovery, this rule all other ex parte matters (3.03(A)); for the other ex parte applications, notice to all opposing counsel or unrepresented parties in person, by telephone, or by FAX no later than 10:00 AM on the court day just prior to the ex parte appearance, a "Declaration re Notice" with Family Code applications, temporary guardianship petitions and petitions under Code of Civil Procedure §§527.6, 527.7, or 527.8, and the parties to serve copies of the application no later than 12:00 P.M. (noon) on the court day just prior to the hearing and opposition papers at least four (4) business hours prior to it (3.03(B)); uncontested ex parte applications submitted to the Clerk at any time, contested matters scheduled by the Clerk not later than noon of the preceding court day, copies submitted no later than four (4) business hours prior to the hearing, and no application for ex parte relief made by letter (3.03(C)); an order shortening time granted only on a declaration demonstrating good cause, the moving papers delivered no fewer than two (2) court days preceding the hearing (3.03(E)); ex parte writs of attachment or possession, re-application after denial, and stipulated judgments (3.03(F) to 3.03(H)); probate ex parte applications, notice given by no later than 10:00 AM of the court day just prior to the hearing date (3.03(I)); amendment of pleadings under Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473, an amended pleading preferred over an amendment to a pleading (3.04(B)); dismissal on the Court's own motion or on ex parte application when an amended pleading is not filed after a demurrer is sustained with leave to amend (3.04(E)); motions for summary judgment under Rule 3.1350 and Code of Civil Procedure §437c (3.05); the Court generally to grant a continuance of a law & motion hearing on the agreement of all counsel and parties, the party reporting the agreement to notify the Clerk in person or by telephone no later than 5:00 P.M. at least two (2) court days before the hearing and to file a written notice confirming it (3.06(A)); counsel to notify the Clerk and opposing counsel no later than the close of the third court day prior to the hearing date when a matter is likely to require more than a total of 15 minutes (3.06(B)); Rule 3.670 of the California Rules of Court to govern telephonic appearances in non-evidentiary civil law & motion and probate proceedings, requests made through the outside vendor (currently “CourtCall”) (3.06(D)); the prevailing party to prepare a proposed order within ten (10) calendar days where Rule 3.1312 does not govern, the opposing party to approve or object within ten (10) days, and the Court to hold orders not approved for five days (3.07); and writ briefs not to exceed thirty-five (35) pages (reply briefs 20 pages), and writ petitions served in the same manner as a summons and complaint (3.08).
Chapter 5 (Rules 5.01 to 5.12): the Court, in its discretion, to determine reasonable compensation for research, general preparation, trial, or other services where law authorizes such fees (5.01); the attorney fees considered reasonable on an application for approval of a compromise under Code of Civil Procedure §372 or Probate Code §3500 - the fee schedule twenty-five percent (25%) for settlement without the commencement of a trial, thirty-three and one-third percent (33-1/3%) for recovery of judgment or obtaining settlement after trial has commenced, and “3. Settlement after filing appellant's opening brief on” / “4. : forty percent (40%).” - subject to variation in cases involving unusual circumstances (5.02); a compromise of a claim of a minor or incompetent person submitted on Judicial Council Form MC-350 with a proposed order on Form MC-351, an order to deposit funds on Form MC-355, the petitioner or counsel to deposit the funds within 48 hours of receipt and to file a receipt on Form MC-356 within 15 days thereafter, a petition for withdrawal of funds on Form MC-357, and the presence of the petitioner and the minor or incompetent person required at the hearing on a compromise in excess of Ten Thousand Dollars ($10,000) unless good cause for non-appearance is established in advance by a letter request (5.03); judgments that show the full names and legal capacities of the parties, full and complete, and a "Proposed Judgment" lodged with the original "Judgment" when Rule 3.1590 of the California Rules of Court requires (5.04); the Court to sign a judgment presented as part of a stipulation for judgment (5.05); civil cases set for settlement conference at the discretion of the Court or voluntarily submitted, all parties prepared to make a bona fide settlement offer with all principals or clients in attendance or available by telephone (requests for non-appearance may be made by letter), and the parties to lodge and serve a brief statement of the facts and the law of the case no later than five (5) calendar days prior to the conference (5.06); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.07); default prove-ups presented in written form or by oral testimony on application to the Clerk for a hearing on the regular civil law and motion calendar (a special setting when more than fifteen (15) minutes will be required), proof by competent evidence of all essential elements (5.08); no judgment by default in any action to quiet title, the application set for hearing on the civil law and motion calendar (5.09); service by publication on ex parte approval, supported by declarations describing all efforts to locate the other party and all due diligence, the summons published once a week for four consecutive weeks, and an alternative manner of publication for an indigent plaintiff/petitioner granted a fee waiver (5.10); a goal of disposition of 100 percent (100%) of small claims cases within thirty-days (30) after filing when all defendants reside in Modoc County and sixty-days (60) when any defendant resides outside, the hearing continued for service if the plaintiff contacts the Court prior to the hearing date, and the Court to dismiss without prejudice a small claims action in which the plaintiff does not appear unless the plaintiff contacts the Clerk in advance, by telephone or in writing, to request a continuance (5.11); and the policy of the Court that a property manager or a rental agent may file an unlawful detainer complaint on behalf of the owner and represent the property owner in the proceeding (5.12).
A conservatorship begun on the statewide forms (Probate - Guardianships and Conservatorships), the completed forms filed with the Civil Clerk's office in person at the Mammoth Lakes courthouse, 100 Thompsons Way (questions by e-mail to civil@mono.courts.ca.gov or by telephone, Monday thru Friday 9:00 a.m. to 12 noon); the petition fees on the fee schedule and additional fees for investigation services (fee waivers on FW-001 and FW-002); the filing of a petition triggering an investigation - an investigator interviewing the proposed conservatee and conservator(s) and others and reporting to the court, the investigation usually completed within two to four weeks and before the hearing date; every conservatorship reviewed six months after the appointment, one year after it and annually after that (Probate code 1850), the court investigator visiting the conservatee and reporting; Adult Protective Services investigating abuse or neglect of adults.
Chapter 9 (Rule 9.1): all real and personal property taxes due on estate assets paid prior to final distribution, the Property Tax Clearance Certificate issued by the Mono County Tax Collector after the Assessor has received a copy of the Petition for Probate, a change of ownership statement for each parcel of real property in Mono County in which the decedent owned an interest and an endorsed copy of each Inventory filed in the estate, receipt of an endorsed copy of any Inventory marked "Final" an automatic request for the certificate, and, if a final Inventory will likely not be on file within ninety (90) days of the date of death, a copy of the Inventory the personal representative plans to file to mail directly to the Assessor (9.1).
Section 13 (Rules 13.01 to 13.16): the caption of a petition all-inclusive as to the order sought, the caption to so indicate if any part of the estate is to be distributed to a trust (13.01); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by the representative, trustee, guardian, or conservator personally, not by the attorney unless CCP §446(a) authorizes it (13.02); a copy of the petition served with each notice of hearing on a person requesting special notice or where the petition is the accounting of a testamentary trustee, and on all interested parties where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810 (13.03); the moving party shall submit a proposed order for every petition, worded so that its general effect may be determined without reference to the petition (13.04); orders and affidavits of publication filed or lodged at least three court days before the date of hearing (13.05); an order for family allowance limited to six months if no inventory and appraisement has been filed, and to one year if one has (13.06); petitions for statutory fees or commissions before final distribution must contain the information required by CRC Rule 7.701, ordinarily no more than 75% of the statutory compensation allowed before approval of final distribution (13.07(A)); the court may deduct from the personal representative’s statutory commission sums paid for the performance of the representative’s ordinary duties (13.07(B)); statutory compensation calculated on both halves of the community property only when both halves are included in the probate proceeding (13.07(C)); compensation for extraordinary services ordinarily not allowed or paid before the final accounting has been approved, petitions to include the information of CRC Rule 7.702 (13.07(D)); in cases where there is a confirmation of sale hearing, the court will consider $750.00 to be reasonable compensation (13.07(E)); the court will assume $750.00 is a reasonable amount for the preparation of the Federal Estate Tax Return if neither the personal representative nor an attorney provides such information (13.07(F)); costs separately stated and described (13.07(G)); a petition for final distribution shall contain the following matters - all assets on hand, the entitlement of each heir, a computation of the attorney fees and representative commissions, a statement regarding payment of all taxes under Probate Code §9650, an agreement for distribution in kind other than pursuant to the will or intestate succession, a schedule of claims, the terms of any testamentary trust in full, an itemization of costs (ordinary overhead items not proper cost items), the proration of taxes, fees, and costs, separate and community property, any assignment of interest, the trustee’s statement accepting the property or a petition for a substitute trustee, and distribution to a minor or an incompetent under Probate Code §3300, et seq. (13.08); the original Summary of Account and Detailed Schedules filed in any proceeding in which an accounting must be filed pursuant to Probate Code §1060 (13.09(A)); in a guardianship or conservatorship proceeding the documents in support, including every account statement, lodged rather than filed, with a copy of the Summary of Account attached to the top (13.09(B)); the Summary of Account and Detailed Schedules filed and supporting documents lodged within 90 days of the close of the accounting period (13.09(C)); a petition to establish the fact of death verified and with a copy of any instrument relating to any interest in the property and a copy of the death certificate attached as exhibits, no request for fees for services of this character (13.10); a hearing date scheduled for no later than one month after the anniversary date of every order appointing a guardian, the clerk to mail Judicial Council Form GC-251 at least one month before the hearing date, no appearance necessary if the report is filed prior to the date for the hearing (13.11); counsel permitted to appear by telephone on the probate calendar, telephonic appearances not allowed at any proceeding at which witnesses will be called to testify or at settlement conferences (13.12(A)); telephonic appearances through the vendor, Court Call, at (888) 882-6878, unless leave of court is obtained to contact the court directly (13.12(B)); the court may at any time require the personal appearance of any party (13.12(C)); attorney fees in guardianships, conservatorships, and trusts under Section 6148 of the Business and Professions Code - a written contract where it is reasonably foreseeable that the total expenses will exceed one thousand dollars ($1,000.00), where there is no such written contract hourly rates that are customary in Trinity County, fees that may be denied or reduced, only legal fees for counsel appointed by the court in the Order Appointing Conservator, and an attorney fiduciary’s declaration agreeing not to share in the firm’s fees (13.13(A)); petitions for compensation to a guardian, conservator, or attorney shall include the information required by CRC Rules 7.751 and 7.702, the court to evaluate the services as a whole and consider the factors of CRC Rule 7.756 (13.13(B)); in determining compensation of a trustee the court will consider the factors of CRC Rule 7.776, compensation ordinarily allowed as provided in the governing instrument unless the Court fixes a greater or lesser amount (Probate Code §15680(b)), compensation for an attorney for the trustee ordinarily allowed as provided in the governing instrument, or reasonable compensation the court will establish, the time governed by Probate Code §§15680- 15688, petitions for periodic payments to comply with Probate Code §2643 (13.13(C)); every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office, forwarded to the Court Investigator, additional documents subject to the same process (13.14(A)); the fee for court investigations specified in the court’s fee schedule, collected at the time of filing of a petition to establish a guardianship in which the proposed guardian is a relative unless a fee waiver has been granted (Probate Code § 1513.1), and in conservatorship proceedings the court to determine whether to collect, waive or defer the fee after the investigator’s report (Probate Code § 1851.5) (13.14(B)); this court does not accept direct fax filings and will accept filings through a fax filing agency in accordance with CRC Rule 2.303 (13.15(A)); electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (13.15(B)); the conservator shall notify the court within ninety (90) days of the death of the conservatee (13.16(A)); and if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052 (13.16(B)).
Administrative Order #26-02, signed by Douglas Prouty, Presiding Judge, and William Abramson, Assistant Presiding Judge: there being currently no print newspapers of general circulation within Plumas County, The Plumas Sun digital newspaper considered a newspaper of general circulation for the purpose of publication of notice as described in Probate Code Section 8120 and 8121; any party publishing notice in the Plumas Sun digital newspaper to file proof of publication demonstrating compliance with Probate Code Section 8121(a) at least five (5) days prior to the date of the hearing; the Administrative Order dated May 19, 2020 revoked; the order in effect until modified, revoked, or until a print newspaper of general circulation resumes business in Plumas County.
Section 15 (Rules 15.01 to 15.13): the caption of a petition all-inclusive as to the order sought (15.01); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by a representative, trustee, guardian, or conservator personally and not by the attorney (15.02); a copy of the petition served with each notice of hearing on a person requesting special notice (15.03); probate orders worded so that their general effect may be determined without reference to the petition (15.04); orders and affidavits of publication filed or lodged at least three (3) court days before the hearing (15.05); verified petitions deemed submitted without an appearance, except petitions for confirmation of sale of real property or of personal property valued in excess of one hundred dollars ($100) and petitions for appointment of guardian or conservator, before denying a petition where there is no appearance, the court to continue the matter two (2) weeks (15.06); an order for family allowance limited to six (6) months if no inventory and appraisement has been filed and one year if one has (15.07); a petition for nonstatutory fees itemizing the services by date, time and service rendered, the sum requested for each item, and a reference in the caption and prayer (15.08); a petition for final distribution to contain the following matters, among them a full and complete description of all assets on hand, facts showing the entitlement of each heir, a computation of the attorney fees and representative commissions, a statement regarding payment of all taxes and a schedule of claims (15.09); all accounts to contain a summary or recapitulation showing the inventory and appraisement, receipts, gain on sales, disbursements, loss on sales and property on hand, with a suggested form of summary and its supporting schedules (15.10); a petition to establish the fact of death verified, with the instrument and the death certificate attached (15.11); conservators to file a General Plan within 90 days from their appointment (15.12); and a hearing date scheduled no later than one month after the anniversary of every order appointing a guardian, the clerk to mail Judicial Council Form GC-251 at least one month before the hearing date (15.13).
Section 3 (Rules 3.01 to 3.11): the rules contained in the section to apply to all general civil cases as defined in California Rules of Court, Rule 1.6 (3.01); each case assigned to a judge for all purposes, the clerk to set a status conference not longer than 130 days or shorter than 120 days from the date the summons is issued and to affix to the pleadings the name of the judge and the date of the status conference (3.02); plaintiffs to serve all named defendants with the summons, the complaint, and the notice of status conference and file proof of service within 60 days after the complaint has been filed, the notice served on any intervenor or interpleader within 10 days, and all cross-complainants to serve the notice upon each cross-defendant (3.03); all parties to appear at the status conference, no pleading filed for it, the assigned judge to set the case for a case management conference or exempt the case from the disposition time standards (3.04); uninsured motorist cases granted a 180-day extension of the case management timelines on a declaration filed 15 calendar days before the status conference (3.05(A)); short cause cases - at issue, no general or exemplary damages, no more than two sides, no more than five hours of evidence - set for trial on the short cause calendar within six to nine months of filing (3.05(B)); early disposition cases designated by the assigned judge, objections by noticed motion within 30 days (3.05(C)); the clerk authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code Section 68633 (3.06(A)); in civil cases in which a prevailing party granted a waiver of fees is awarded costs, the court to order that the party bearing costs pay the fees that were waived (3.06(B)); ex parte applications heard upon the availability of the court with at least 24 hours’ notice to the opposing party or counsel, filed with the proper filing fee and a written supporting declaration stating whether the opposing party is represented, has been contacted and has agreed, and why the matter cannot be heard on regular notice, the adequacy determined on the papers submitted (3.07); demurrers, motions and other applications for orders (except ex parte applications), trial settings and pretrial conferences set in Department 1 on each Monday or Tuesday at 9:00 a.m. depending on case type (3.10(A)); the moving party to notify the court at least two (2) court days before the scheduled hearing date if a matter will not be heard, and a party who desires to submit a matter without appearing to give two (2) court days' notice (3.10(B)); a firm continuance policy, law and motion continuances by written stipulation filed with the Court or by oral argument with written notification and proof of service filed before the hearing, no continuances granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause (3.10(C)); telephonic appearances in non-evidentiary civil law and motion and probate matters, counsel to file and serve with CourtCall (not the court) a “Request for CourtCall Telephonic Appearance” at least five (5) court days before the appearance and to notify other counsel and parties appearing in propria persona, CourtCall to initiate all calls and directly invoice participants, the costs not recoverable under Code of Civil Procedure §1033.5 (3.10(E)); and the prevailing party on a motion to prepare and submit an order within five (5) days of the ruling for approval as to form, then present it to the court (3.11).