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Rule 12 (12.1 to 12.11): probate - documents for a hearing filed no later than seven (7) calendar days before it, final distribution hearings set one (1) year from the appointment of a personal representative with a status update when the petition cannot be filed, the hearing's time and date under the caption, current Judicial Council forms, proposed orders and the procedure for ex parte matters (12.1); the personal representative's bond - ordinarily a $10,000 minimum, the methods of reducing it, blocked accounts and the bond filed within 10 (ten) calendar days after the appointment (12.2); sales of real property - appraisal within one year, offers of at least 90 percent (90%) of the appraised value, brokers' commissions, the ten percent (10%) deposit and overbids, notices, confirmation hearings and exclusive listings, and sales of securities (12.3); compensation of personal representatives and their attorneys (12.4); spousal and community property petitions (12.6); preliminary and final distribution (12.7); final discharge (12.8); conservatorships (12.10); and guardianships (12.11).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 12 PROBATE RULES (Effective 7/1/98, as amended 7/1/02, as amended 1/1/05, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/16, as amended 7/1/17, as amended 7/1/19, as amended 1/1/21, as amended 1/1/23, as amended 7/1/24, as amended 7/1/25, as amended 7/1/26) 12.1 GENERAL (Effective 7/1/98, as amended 7/1/99, as amended 7/1/12, as amended 1/1/14, as amended 1/1/21, as amended 1/1/23) A. TIMELINESS OF PAPERS PRESENTED FOR FILING 1. It is the duty of the attorney (or the party appearing without an attorney) to timely prepare and submit all documents related to an upcoming hearing. All documents in relation to the hearing (e.g., Proof of Publication, Status Reports, etc…) are to be filed no later than seven (7) calendar days prior to the hearing date. Failure to do so may result in the issuance of an Order to Show Cause and subsequent sanctions. 2. In general, final distribution hearings are set one (1) year from the date the Court appoints a personal representative to administer an estate. In the event counsel, or the pro per administrator is unable to file the petition for final distribution seven (7) calendar days prior to any final distribution hearing, a status update shall be filed seven (7) calendar days prior to the final distribution hearing. The status update shall address the reasons that the petition for final distribution cannot be filed, when the petition will be filed, and the date requested for the continued hearing on final distribution. Failure to file a timely status update may result in the issuance of an Order to Show Cause and subsequent sanctions. B. FORM OF PAPERS PRESENTED FOR FILING 1. It is the duty of the attorney (or the party appearing without an attorney) to prepare and submit the supporting documents and proposed orders for all matters. All such documents shall include the time and date of the hearing typed under the caption of the front page. 2. If a Judicial Council form is available for the particular form of relief sought, that form shall be used. The form is to be used in the same format as prescribed and printed by the Judicial Council. Only current Judicial Council forms are acceptable for filing. 3. A proposed form of order is to be submitted with each petition or motion for relief. Any petition or motion filed without such proposed form of order will not be calendared for hearing until such time as the proposed form of order is submitted. C. PROCEDURES FOR EX PARTE MATTERS 1. If the ex parte matter is contested the petition shall so specify. If necessary, the Clerk will contact the attorney of record so the matter can be added to the next available calendar for hearing. 2. All applications for ex parte orders must contain a list of any and all requests for special notice which have been filed in the proceedings or contain an allegation that no special notice has been requested. If any such notice has been requested, a waiver must accompany the petition. 3. If it is reasonably likely there will be a dispute or contest as evidenced by documents on file in the proceeding, then all parties must be notified pursuant to California Rule of Court §3.1200-3.1207 of the time and place where the application for the ex parte order will be made. Proof by the attorney’s declaration of such notification shall accompany the petition. 4. For good cause, the Court may require a noticed hearing before approval of any matter. (Effective 7/1/98, as amended 7/1/99, as amended 7/1/12, as amended 1/1/14, as amended 1/1/21, as amended 1/1/23) 12.2 BOND OF PERSONAL REPRESENTATIVE (Effective date 7/1/98) A. AMOUNT OF BOND 1. Unless the requirements of Probate Code §8481 are met, a bond will be required of every person appointed as a personal representative. As a general policy, the Court will require at least a $10,000 minimum bond even if the value of the estate is less than $10,000. 2. A petition to appoint a personal representative should set forth the estimated value of real property, personal property, and the estimated annual income from all property. 3. If the estimated value of the assets of the estate is not known at the time of the filing of the petition for appointment, ordinarily the personal representative must appear at the hearing to testify as to the estimated value of estate assets. 4. If written waivers are attached to the petition, bond will ordinarily be waived by the Court pursuant to Probate Code §8481, provided all heirs or beneficiaries are competent to act. If any such persons are incompetent (e.g., minors), an appropriate representative must waive bond on their behalf. B. METHODS OF REDUCING BOND 1. There are three basic methods for obtaining a reduction of bond. a. The first is to deposit or invest a specified amount of assets before the order of appointment is made, obtain a receipt and agreement to hold the assets in a blocked account, and offer the receipt and agreement in evidence when the petition for appointment comes on for hearing. The facts upon which the reduced bond is sought should be set forth, either in the original petition for appointment or in a separate petition to be heard simultaneously. b. The second is to obtain in the order appointing the representative, a provision that if assets are deposited or invested in blocked accounts the bond may be fixed in a reduced amount. A receipt for the deposit must be obtained from the depositary and filed with the Clerk. The Clerk is then authorized to issue letters upon the filing of a bond in the reduced amount. c. The third is to obtain a reduction of bond after the representative has qualified and entered upon the administration of the estate. If a deposit and reduction in the amount of the bond is anticipated, this may be covered in the original order of appointment; if not, a subsequent petition should be filed. It is often convenient to present this petition with the first annual account. Petitions to decrease bond are subject to a hearing with notice given to all heirs or beneficiaries. C. LIMITATION OF AMOUNT ON DEPOSIT WITH ONE FINANCIAL INSTITUTION: Monies in blocked accounts shall not exceed the limit of Federal Deposit Insurance Corporation insurance for each individual bank or savings and loan association. The attorney shall immediately file an ex parte petition for an order authorizing establishment of additional blocked accounts into which funds exceeding the insurance limit shall be deposited. D. CORPORATE AND INDIVIDUAL EXECUTORS: A corporate executor cannot assume responsibility for the acts of individual co-executors. Individual executors must provide bond as required by law. If a deposit is made under the provisions of Probate Code §8483 to reduce bond, it must be made jointly by the corporate and individual co-executors. E. BOND OF NONRESIDENT PERSONAL REPRESENTATIVE. A personal representative who is a nonresident of California and who is nominated to serve without bond may nevertheless be required to post such bond as the Court may require. Ordinarily, the amount of the bond will be the minimum bond in effect in Butte County which is currently $10,000. However, in the Court’s discretion, the maximum amount may be imposed, which is the value of the personal and real property, plus the amount of estimated income for one year for both the personal and real property. This Rule applies even if there are co-executors/co-administrators and one or more are California residents. In the case of a personal representative who is also the sole beneficiary, the same Rule applies for the protection of potential creditors. F. MULTIPLE REPRESENTATIVES. When multiple representatives are appointed by an order which directs that “letters shall issue to them”, the Clerk will not allow less than all to qualify and have letters issued separately. If qualification of less than all is desired, it must be so provided in the order of appointment. G. DISTRIBUTEE’S BOND. This Rule addresses the bond required by a personal representative to administer an estate. In certain circumstances, such as a preliminary distribution, a bond may be required of the distributee. (See Probate Code §11622) H. TIMELINESS OF BOND 1. The bond is to be filed with the Court within 10 (ten) calendar days after the appointment of the personal representative of the estate. 2. Failure to file the required bond shall be cause to remove the executor or administrator. (Effective date 7/1/98, as amended 7/1/12) 12.3 SALES BY PERSONAL REPRESENTATIVES (Effective date 7/1/98) A. SALES OF REAL PROPERTY - APPRAISAL WITHIN ONE YEAR 1. Probate Code §10309 requires that real property to be sold in an estate proceeding must be appraised within one year prior to the date of the Court confirmation hearing. Probate Code §8802 requires that the first appraisement of all property be as of the date of death. All appraisals must reflect the fair market value of the property. 2. When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale (on the Judicial Council form) must be filed with the Court before the confirmation hearing can proceed. Reappraisals must be made by the probate referee unless appointment of the referee has been waived by the Court. 3. The following phrases should be inserted in the reappraisal for sale immediately after the legal description of the real property: Appraised as of date of death [insert month, day and year] $ _______________ Appraised as of [insert CURRENT month, day and year] $ _______________ 4. The sum offered for the property must be at least 90 percent (90%) of the appraised value of the property within one year prior to the confirmation hearing. (Probate Code §10309) B. BOND ON SALE OF REAL PROPERTY 1. Petitions for confirmation of sale of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which is required to be covered by a bond. (See Probate Code §8482) If no additional bond is required or if bond is waived, that fact should be alleged in the petition. 2. Personal representatives subject to a bonding requirement who have full authority under The Independent Administration of Estates Act shall post their initial bond upon qualification in an amount sufficient to cover all personal property, income for one year from all sources, and the estimated proceeds of the sale of the real property. (See Probate Code §10453) C. BROKERS’ COMMISSION ON SALE OF REAL PROPERTY 1. Improved Property: Upon the confirmation of sale of improved real property, the Court ordinarily will allow a broker’s commission not to exceed six percent (6%), or such lesser percentage as has been negotiated between the personal representative and the broker subject to net sale amount. 2. Unimproved Property: A broker’s commission not exceeding ten percent (10%) of the first twenty thousand dollars ($20,000.00), eight percent (8%) of the next thirty thousand dollars ($30,000) and five percent (5%) of the balance of the sales price, ordinarily will be allowed for the sale of unimproved real property. The Court will determine, in each instance, whether property is “unimproved property”. 3. Agents or brokers bidding or overbidding on their own behalf or on behalf of an entity of which they are part owner will not be allowed a commission. (Probate Code § 10160.5) 4. The Court will not consider whether a broker is employed when receiving overbids. 5. Divisions of Commissions. Counsel is referred to Probate Code §§10160 et seq. D. CASH DEPOSIT TO ACCOMPANY BID ON REAL PROPERTY 1. Bids for the purchase of real property shall be accompanied by a minimum of ten percent (10%) of the amount of bid. When an overbid is made in Court, the bidder shall submit cash, money order or certified check at the time of the hearing in the amount of ten percent (10%) of the minimum overbid. (The minimum overbid is an increase over the bid returned to the Court by ten percent (10%) of the first ten thousand dollars ($10,000) and five percent (5%) of the balance of the sales price.) Overbids shall be in accordance with Probate Code §10311. 2. At the request of the attorney for the estate selling the real property, or on the Court’s own motion if good cause exists, the Court may relax the requirements set forth above. The petition for confirmation of sale or the request made in open Court should state the reasons for the lower deposit (e.g., all-cash financing by the Veteran’s Administration, or by Cal-Vet or by some other governmental agency.) E. NOTICE OF SALE OF PROPERTY SOLD. Notices and returns of sale should provide a common as well as a legal description of the property sold, as well as the Assessor’s Parcel Number. F. TERMS TO BE STATED IN NOTICE OF SALE OF REAL PROPERTY 1. Counsel should use extra care in wording of the published notice of sale. If the property is being sold subject to an encumbrance, the notice should so state. (See Mains v. City Title Insurance Co. (1949), 34 Cal. 2d 250. It is advisable that the notice call for “[c]ash or cash and such credit terms and conditions as the Court may approve.” 2. The terms of the sale shall be consistent with the terms stated in the notice. G. DISCLOSURE OF EXTRAORDINARY COSTS ON SALE OF REAL PROPERTY 1. The petition shall include a full disclosure of all extraordinary costs which the estate will incur as a result of the sale. Such costs include, but are not limited to, termite and other repairs, lender’s “point,” loan fees and nonrecurring closing costs. The exact amounts required or the maximum which the estate will be required to pay shall be disclosed in the petition and included in the order. 2. Extraordinary costs will be deducted from the gross bid, and the resultant “net” will be used for the following purposes: a. Determination if the sale is within ninety percent (90%) of appraised value; b. The base figure against which overbids are made; and c. The real estate broker’s commission. 3. The above amounts shall be set forth in an attachment to the petition. H. NOTICE OF CONFIRMATION HEARING. In addition to the requirements of notice contained in Probate Code §10308(c), notice of the Court hearing for confirmation of a sale of real property shall be mailed at least fifteen (15) calendar days prior to the hearing date to all heirs and beneficiaries who may have an interest in the subject real property. I. APPEARANCE BY BIDDER. Counsel should advise the original bidder, together with any potential bidders and their representatives, to be in Court at the time the petition for confirmation of sale is heard. J. EXCLUSIVE LISTINGS 1. Personal representatives with authority to administer the estate under the Independent Administration of Estates Act need not obtain a Court order to enter into an exclusive listing for real property. 2. Personal representatives who determine it is necessary or advantageous to seek such a Court order shall observe the following: a. Such petitions shall be granted only where a clear showing of necessity and advantage to the estate is made. Ordinarily, these petitions will be granted ex parte. Facts indicating necessity and advantage might include: past unsuccessful exposure, condition of the property and/or neighborhood, out-of-country residence of personal representative, or a contract which pre-dates the establishment of the Court proceeding. b. The petition and proposed order shall also include the name of the broker, address of the property, the fact that the Court sets commissions and that they are payable only if the sale is confirmed, and that all commissions are payable in accordance with Probate Code §10160 et seq. The duration of the contract must be specified. Ordinarily, the Court will not approve a term exceeding ninety (90) days. c. A copy of the listing agreement should be submitted with the petition. The listing agreement must conform to the conditions set forth above and shall further set forth in detail the obligations and duties of the broker, including but not limited to the requirement to list on Multiple Listing Service(s), place signs and advertise in newspaper[s]. d. Extensions of listing agreements shall follow the above procedures. K. SALES OF PERISHABLE OR DEPRECIATING PROPERTY. If the Estate contains perishable or depreciating property, it should be disposed of promptly. If there has been an unreasonable delay in disposing of perishable or depreciating property, the Court may hold the personal representative accountable for the decreased value of the property. L. SALE OF PROPERTY SPECIFICALLY DEVISED OR BEQUEATHED. On a sale of property specifically devised or bequeathed, either notice of the time and place of the hearing of the return of sale shall be given to the specific devisee or legatee, or the consent of such devisee or legatee to such sale shall be filed with the Court. M. SALE OF SECURITIES 1. Subject to Order of Court. 2. A verified petition for authorization of sale of stocks, bonds or other securities described in Probate Code §10200 must contain an allegation regarding any request for special notice and compliance with such request and one or more of the following: a. Statement as to necessity for sale, giving reasons, i.e., taxes, expenses of administration, indivisible number of shares, etc. b. Consent or request of heirs; if the securities are specifically bequeathed, the petition should so allege and the written consent of the legatee should be filed. c. An allegation that a power of sale is conferred by the will. d. If Securities are not listed on an established stock or bond exchange, they may be sold at a minimum price per share or bond, based on a recent market quotation, set forth in the petition. The market quotation may be obtained from financial publications or from securities brokers. If such securities are “closely held,” or there are no recent market quotations available, the petition should set forth the basis for fixing the minimum sales price (e.g., inventory and appraisement value). 3. Subject to Independent Administration of Estates Act (Probate Code §§10400 et seq.) a. A personal representative with authority to administer the estate under The Independent Administration of Estates Act may sell securities listed on an established stock or bond exchange and other assets referred to in Probate Code §10537, when sold for cash, without Court order. The sale shall be reported in the account and report filed by the personal representative. b. Notwithstanding the above, real or personal property may be sold in accordance with the provisions of Probate Code §10400 et seq.; provided, however, that any person objecting to a proposed action under Probate Code §10400 et seq. shall give notice to the personal representative at least forty-eight (48) hours in advance if he or she petitions the Court for an order restraining such sale, and the petitioner must show good cause. (Effective date 7/1/98) 12.4 COMPENSATION OF PERSONAL REPRESENTATIVES AND THEIR ATTORNEYS (Effective date 7/1/98, as amended 7/1/13, as amended 7/1/25) A. COMMISSIONS AND FEES MUST BE FIXED BY COURT 1. There is no authority for payment of any commissions or fees in advance of the Court authorizing such payment. Where commissions or fees are paid in advance of Court authorization, at the time of the accounting or other request for approval of compensation, the Court ordinarily will require an appearance by counsel or declaration stating the reasons therefore. The Court may require the personal representative or the attorney respectively to pay interest at the applicable legal rate from the date of payment to the date of the order authorizing the same, or may impose a surcharge, or may impose both interest and a surcharge. 2. When requests for fees are for services performed, the detail must reflect that time which was spent by the attorney and that spent by a paralegal. For each such person performing services for which compensation is being requested, the hourly rate charged for each such person or classification is to be set forth. The qualifications of a “paralegal” are to be set forth whenever fees are requested for services performed by a paralegal. 3. All contingency fee contracts to which the personal representative is a party, shall be submitted to the Court in advance for approval. A copy of the contingency fee contract shall be attached to the petition requesting approval. B. COMPENSATION FOR EXTRAORDINARY SERVICES 1. Application for compensation for extraordinary services must include detail of what was done, and how much time was spent by whom, in performing services for the ordinary fee. Under ordinary circumstances, extraordinary fees will not be awarded where the time spent in ordinary representation, plus the time spent in performing the extra ordinary services, does not exceed the statutory fee for the estate. 2. Applications for fees or commissions for extraordinary services shall be accompanied by a complete statement of facts upon which such application is based and shall specify the amount requested for each item of service, not merely a “reasonable amount.” The services claimed to be extraordinary shall be described in detail, including dates, time spent, necessity for the work, complexity of legal and/or factual issues and results accomplished. Submission of itemized time sheets by themselves will ordinarily not be sufficient to establish a claim for extraordinary services. Each specific area or item of extraordinary service should be segregated into different categories, such as litigation, sale of real property (or where applicable two categories for two sales of real property), preparation of federal estate tax return, other tax work, etc. Where applicable, each category of extraordinary service should be segregated into subcategories such as correspondence, discovery, settlement discussions, trial proceedings, etc. For each category of service, specify the total number of hours spent by each attorney or paralegal and specify the hourly rate of each individual and provide some description of the experience and expertise of each individual providing extraordinary service. All information should be provided in a declaration or declarations under penalty of perjury. 3. Compensation for extraordinary services ordinarily will not be approved before the final accounting except in cases where it is shown to the Court’s satisfaction that the estate or heirs will benefit, e.g., where it would be beneficial to reduce income taxes in a given fiscal period, or where ongoing litigation precludes presentation of a final accounting and attorneys must be retained or compensated to represent the estate in ongoing litigation. The Court ordinarily will allow extraordinary compensation for representing the estate in litigation outside of the regular administration of the estate upon a properly noticed petition upon completion of the service. Upon a proper showing, the Court may authorize progress payments prior to completion. Where the attorney or personal representative requesting a progress payment prior to completion of extraordinary work believes that public disclosure of the information required by subparagraph 2 immediately above may adversely affect the estate’s interest in ongoing litigation, the petitioner may include an allegation in the petition stating why the detailed information has been deleted from the petition and that said detailed information is concurrently being filed with the Court as a confidential document with a request for an in camera inspection. If it is shown to the satisfaction of the Court that said detailed information may adversely affect the estate’s interest in ongoing litigation, the Court will ordinarily order that the matter remain under seal until the resolution or termination of the ongoing litigation. 4. Extraordinary compensation and costs of a will contest before probate, a petition to revoke a will after probate, and/or a petition to determine personas entitled to distribution from the estate will not be allowed from the estate unless it is shown to the Court’s satisfaction that the personal representative was under a legal obligation to defend or prosecute such contest or proceeding or that the heirs and beneficiaries received a benefit so that on distribution they bear the compensation and costs in proportion to their distributive shares. (See Estate of Pryor (1942) 51 Cal.App.2d 735) 5. When evaluating a request for extraordinary compensation, the Court may consider whether the statutory compensation is sufficient to compensate adequately for all services that have been rendered and may request a declaration of the attorney or the personal representative substantiating all services required. C. EXPENSES OF ACCOUNTING MAY BE DEDUCTED FROM THE PERSONAL REPRESENTATIVE’S STATUTORY COMPENSATION. 1. The personal representative may employ tax counsel, tax auditors, accountants, or other tax experts for the preparation of tax returns and for the other tax-related services. To the extent that the personal representative utilizes the services of such counsel, auditors, accountants, or other experts to perform ordinary accounting and bookkeeping services, including the preparation of the schedules for Court accountings and pays for such services from the funds of the estate, the Court may deduct any such sums so paid from the funds of the estate from the personal representative’s statutory commission. (Effective date 7/1/98, as amended 7/1/13, as amended 7/1/25) 12.5 RESERVED (Effective 1/1/05, as amended 7/1/17) 12.6 SPOUSAL AND/OR COMMUNITY PROPERTY PETITIONS (Effective 7/1/12) A. Spousal and/or Community Property Petitions must be accompanied by a Memorandum of Points and Authorities setting forth the information supporting the requests made in the Petition. B. The Court may consider if necessary, an appointment of a Guardian Ad Litem. (Effective 7/1/12) 12.7 PRELIMINARY AND FINAL DISTRIBUTION (Effective 7/1/98, as amended 7/1/02, as amended 7/1/12) A. FORMS OF DECREES. A decree of distribution shall be drawn so that the full extent of the decree may be determined without reference to the petition on which it is based or to other documents, such as to the decedent’s will. If the distribution includes any interest in real property, the legal description shall be included in the body of the decree or in an attachment incorporated by reference. B. DISTRIBUTION TO MINORS 1. Court policy requires that any cash distributed to a minor be placed in a blocked account at a bank or savings and loan association. Withdrawals from such account shall be allowed only pursuant to a Court order. Before the Court will order such a distribution under Probate Code §3401, the written assurance required under Probate Code §3401(c)(2) must be filed with the Court. [See Judicial Council Forms MC 355 & MC 356] 2. The personal representative shall file a receipt acknowledged by the financial institution indicating the deposit of cash into a blocked account. 3. Ordinarily, withdrawals requested during minority may be obtained ex parte upon a showing of good cause. The Court will treat all such requests in a conservative manner in order to preserve the funds for the minor’s use upon reaching majority. 4. When the minor reaches age eighteen (18), ex parte application may be made to the Court for an order to release the funds directly to the beneficiary. A certified copy of the birth certificate shall be attached to the petition. 5. In the absence of a guardianship, the estate action number may be used for the filing of documents pertaining to the assets distributed under this section. (Effective 7/1/98, as amended 7/1/02, as amended 7/1/12) 12.8 FINAL DISCHARGE (Effective 7/1/98, Retitled and amended 1/1/16) A. Within eighteen (18) months after the Court grants the initial probate petition, the personal representative, conservator, or guardian of the estate must complete the following: 1. Distribute or transfer all property of the estate as required by the Final Distribution Order, 2. File receipts evidencing all distributions or transfers, and 3. File an Ex Parte Petition for Final Discharge and Order. B. Upon a showing of good cause, the Court may extend the deadline to comply with the provisions of Butte County Superior Court Local Rules, Rule 12.8. (Effective 7/1/98, Retitled and amended 1/1/16) 12.9 RESERVED (Effective 7/1/98) 12.10 CONSERVATORSHIPS (Effective date 7/1/98, as amended 1-1-03, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 7/1/17, as amended 7/1/19, as amended 7/1/24, as amended 7/1/26) A. RESERVED B. COURT INVESTIGATOR 1. In all cases, the petitioner or his or her attorney must submit a completed Court Investigator Information Sheet to the Clerk’s Office at the time of the filing of the petition for appointment of a conservator. 2. The provisions of the Probate Code concerning the duties of the Court Investigator apply whether or not the proposed conservatee is the petitioner [contrary to Probate Code §1826(d).] 3. The Court Investigator must be informed immediately of any change of address for the conservatee, the conservator or any attorney of record. This may be accomplished by submitting a new Court Investigator Information Sheet. 4. Assessment for the cost of the Court Investigator’s investigation shall be paid as ordered by the Court. Probate Code §1851.5 permits the Court to waive, defer, or order paid in part such fee in case of hardship. Assessments will be billed to the estate or, where applicable, to a trust where the conservatee is a beneficiary. Conservator shall provide the Court with the current address of the trustee of any such trust. 5. Assessments shall be paid to Butte County Superior Court. 6. An original of each of the following are required at the time of filing for review by the Court Investigator: Petition for Appointment, Confidential Supplemental Information, Confidential Screening, Court Investigator’s Information Sheet, doctor reports and accountings. 7. In cases in which the matter is scheduled for a Review Hearing, the conservator is required to submit a proposed Order Continuing Conservatorship (Form PR.030) at the time of the filing of the Court Investigator Information Sheet. 8. Additional fees and/or mileage costs may apply for any time the Court investigator must travel out of county to perform an investigation due to the other county not performing Courtesy investigations. 9. The parties shall keep Butte County Family Court Services informed of the dates of any contested hearing at which testimony from the Probate Court Investigator may be required. Notice must be provided at least seven (7) court days prior to the hearing. Probate Court Investigators are not to be subpoenaed. Instead, the requesting party must provide notice by submitting a confirming letter via eFile. If the contested hearing is vacated or continued, the party who requested the Probate Court Investigator to testify must promptly notify Family Court Services of the change. C. TEMPORARY CONSERVATORSHIP 1. Ordinarily, no petition for appointment of a temporary conservator will be considered by the Court prior to the filing of a petition for appointment of a permanent conservator. The bond must be filed with the Court within five (5) Court days of appointment as temporary conservator. Failure to do so will result in removal as the temporary conservator. 2. The petition for appointment of a temporary conservator may be brought ex parte, provided that the provisions for notice to proposed conservatee required by law are satisfied, either by giving notice to the proposed conservatee or by submission of a declaration showing facts sufficient to allow the Court to determine that good cause exists to eliminate or alter the notice requirements and provided that the following information is submitted: a. The original and copy of the petition and proposed order; b. A detailed statement of facts in the petition establishing the necessity for the temporary conservatorship; and c. An endorsed, filed copy of the petition for appointment of the permanent conservator. d. If the attorney is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors shall be notified at least forty-eight (48) hours in advance of the time and place the petition for appointment of the temporary conservator will be presented. However, if facts are found which make it clear that the notice required by this section would tend to adversely affect the conservatee or the conservatee’s estate, notice to potential objectors may be waived upon a showing of exigent circumstances. 3. Ordinarily, the Court will require a bond for temporary conservators of the estate. 4. Letters of temporary conservatorship expire on the date of the hearing on the appointment of the permanent conservator or thirty (30) days after appointment of the temporary conservator, whichever is earlier, unless the Court extends the termination date pursuant to Probate Code §2257. D. INDEPENDENT EXERCISE OF POWERS. No powers specified in Probate Code §2591 will be granted in the absence of a clear and convincing factual showing that the grant of each power requested is needed to administer the estate, and that the grant of such power is for the advantage, benefit and best interests of the estate. E. CONDITIONS FOR APPOINTMENT OF INDIVIDUAL CONSERVATORS 1. BOND OF CONSERVATOR. Bond for an individual conservator of the estate shall not be waived. Under special circumstances, the Court in its discretion may order a reduced bond where the conservatee, having sufficient capacity to do so, has waived or requested bond amount. Bond of the conservator may be reduced by deposit of assets into block accounts. The bond must be filed with the Court within ten (10) calendar days of appointment as conservator. Failure to do so will result in removal as conservator. 2. HANDBOOK. Prior to the hearing for appointment of conservator, the proposed conservator shall obtain the “Handbook for Conservators” by accessing it at https://courts.ca.gov/probate-law-conservatorship. 3. DUTIES OF CONSERVATOR. A completed form “Duties of Conservator” and “Confidential Conservator Screening Form” (JC Form GC-348 and GC-314) shall be filed simultaneously with the petition for appointment. F. ALLOWANCE OF FEES IN CONSERVATORSHIP PROCEEDINGS. 1. No fees will be ordered paid in conservatorship proceedings until the filing of the inventory, but in no event until the expiration of ninety (90) days from the issuance of letters, pursuant to Probate Code §§2640-2642. 2. Conservators of persons or estates or both and attorneys may petition the Court for just and reasonable compensation earned to the date of filing the petition. The petition for compensation shall set forth the hours spent and services performed by the conservator, the attorney and any paralegal. At the time of filing the first accounting, the conservator and attorney (and the attorney on behalf of the paralegal) may petition the Court for compensation, or additional compensation earned from the date of a prior award, by setting forth the hours spent and the services performed. 3. Ordinarily, reasonable compensation for conservators shall not exceed seventy-five dollars ($75) per hour. 4. Fees for services which could ordinarily be provided by someone of less skill than the conservator (such as running errands, shopping and the like) will be compensated at a rate which one might expect for the performance of such duties rather than at a rate which might be appropriately paid to the Conservator for services which require the skill, training and expertise of a conservator. a. In the event the attorney for a conservator performs some of the administrative and bookkeeping functions normally performed by the conservator, the attorney may be awarded a larger amount of the combined fees and the conservator allowed a smaller portion thereof so that the total compensation awarded is no larger than that provided for under the guidelines set forth above. 5. Where all or a portion of the fee awarded exceeds cash on hand in the estate, the Court may, in appropriate circumstances, issue its order imposing a lien for fees on any or all of the assets in the estate. Ordinarily, enforcement of the lien will be deferred until the assets of the estate subject to the lien have been liquidated for reasons other than the satisfaction of the unpaid fee. 6. To be valid, contingent fee contracts with an attorney require prior Court approval. It is advisable for the attorney to petition the Court for its approval prior to rendering services. 7. The title of the petition embodying an application for the payment of fees and of the notice of hearing of such petition shall include a reference to the request. 8. Compensation to an attorney representing a conservatee may be ordered at the conclusion of the hearing on the appointment of the conservator. G. PRIVATE PROFESSIONAL CONSERVATORS. 1. REGISTRATION. All parties who fit the definition of a Private Professional Conservator as described in Probate Code §2340, Business and Professions Code §§6500, et seq., must register with the Clerk’s Office. Contact the Clerk’s Office for the current fee. One set of fingerprint cards and a Certificate of Registration of Private Professional Conservator are required when registering. H. APPOINTMENT OF LEGAL COUNSEL. Appointment of legal counsel pursuant to Probate Code §§1470 and 1471 is made in the following manner: 1. If the conservatee or proposed conservatee is developmentally disabled or indigent, the Butte County Public Defender is appointed; 2. If the conservatee or proposed conservatee is not indigent, an attorney’s name is obtained through the Court’s list of attorneys available for appointment. The attorney will be paid up to his or her usual hourly rate from the conservatee’s estate. 3. If a conservatee or proposed conservatee has retained legal counsel independently, the representation is subject to approval by the Court. I. ACCOUNTINGS 1. The conservator or successor conservator may either arrange to pick up the original lodged confidential supporting documents or provide a self-addressed stamped envelope for their return upon final determination and approval of the conservator’s account by the Court. If the conservator or successor conservator is picking up lodged documents in person, they must sign a receipt pursuant to California Rules of Court, Rule §10.610(c)(8) and Code of Civil Procedure §1952.2. Any documents so lodged, which are not accompanied by a self-addressed stamped envelope or in the alternative not picked up and a receipt signed, may be destroyed by the Clerk forty-five (45) days after the hearing. 2. Requests to waive interim accountings under Probate Code §2628 may be made on an ex parte basis. All such requests must be submitted on the Mandatory Butte County Local Form PR.040. All final accountings, including estates qualifying under Probate Code §2628, shall be set for hearing. In all cases in which the conservator seeks an order dispensing with a formal accounting pursuant to Probate Code §2628, the beginning and ending dates of the accounting period sought to be waived must be specified. An order dispensing with the filing of a formal accounting does not relieve the conservator from the duty of filing subsequent Probate Code §2628 petitions or, where the estate no longer qualifies, a formal accounting pursuant to Probate Code §2620. If, after payment of Court approved conservator’s and attorneys’ fees, if any, it appears to the satisfaction of the Court that the estate will continue to meet the requirement of Probate Code §2628, the Court may dispense with future accountings. J. TERMINATION OF CONSERVATORSHIP OF THE PERSON 1. The conservator shall file Judicial Council Form GC-399, and attach thereto a copy of the conservatee’s death certificate with the conservatee’s social security number redacted, prior to termination of a conservatorship of the person. (Effective date 7/1/98, as amended 1-1-03, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 7/1/17, as amended 7/1/19, as amended 7/1/24, as amended 7/1/26) 12.11 GUARDIANSHIPS (Effective date 7/1/09, as amended 7/1/24, as amended 7/1/26) A. RESERVED B. RESERVED C. RESERVED D. RESERVED E. RESERVED F. RESERVED G. RESERVED H. CONTESTED HEARINGS 1. The parties shall keep Butte County Family Court Services informed of the dates of any contested hearing at which the testimony from a Probate Court Investigator may be required. Notice must be provided at least seven (7) Court days prior to the hearing. Probate Court Investigators are not to be subpoenaed. Instead, the requesting party must provide notice by submitting a confirming letter via eFile. If the contested hearing is vacated or continued, the party who requested the Probate Court Investigator to testify must promptly notify Family Court Services of the change. I. ACCOUNTINGS 1. The guardian or successor guardian may either arrange to pick up the original lodged confidential supporting documents or provide a self-addressed stamped envelope for their return upon final determination and approval of the guardian’s account by the Court. 2. Requests to waive interim accountings under Probate Code §2628 may be made on an ex parte basis. All such requests must be submitted on the Mandatory Butte County Local Form PR.040. All final accountings, including estates qualifying under Probate Code §2628, shall be set for hearing. In all cases in which the conservator seeks an order dispensing with a formal accounting pursuant to Probate Code §2628, the beginning and ending dates of the accounting period sought to be waived must be specified. An order dispensing with the filing of a formal accounting does not relieve the conservator from the duty of filing subsequent Probate Code §2628 petitions or, where the estate no longer qualifies, a formal accounting pursuant to Probate Code §2620. If, after payment of Court approved conservator’s and attorneys’ fees, if any, it appears to the satisfaction of the Court that the estate will continue to meet the requirement of Probate Code§ 2628, the Court may dispense with future accountings. (Effective 7/1/09, as amended 7/1/24, as amended 7/1/26)
LOCAL RULE 12 PROBATE RULES (Effective 7/1/98, as amended 7/1/02, as amended 1/1/05, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/16, as amended 7/1/17, as amended 7/1/19, as amended 1/1/21, as amended 1/1/23, as amended 7/1/24, as amended 7/1/25, as amended 7/1/26) 12.1 GENERAL (Effective 7/1/98, as amended 7/1/99, as amended 7/1/12
Reviewer note: Composed 2026-10-10 (California T4 Butte build 2026-10-10) from BenchPath custody ca/t4/ca-butte/docs/local-rules/local-rules-january-2026-final-edit_san.pdf (the court's rule book, its cover “Local Court Rules Effective July 1, 2026”, as fetched 2026-10-10; 6485001 bytes, sha256 043b7a23248fccbde751232510b0b283759182bb05446c97c68478f2adcb12b1; 229 pages; this rule PDF pages 53 to 67) with the shared verbatim composer (v2 reflow) and its strike-out: 19 rules - 1 to 4, 6, 9, 12 to 22, 50 and 51 - each composed from its own pages (PDF pages 14 to 126, printed “Page 1 of 216” to “Page 113 of 216”), from its heading (“LOCAL RULE 1 GENERAL RULES”, with its history note on the same row) to its last history note: each page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES”) and its two footer lines (the rule's name and “Page N of 216”) removed as chrome - PDF page 24, a Rule 2 page, prints Rule 1's name in its footer, removed there too; lines reflowed into the rules' paragraphs, each rule's heading and each subdivision's label and title (“2.1 APPLICABILITY”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 14 whitespace-only fixes (build/book-fixes.json: eleven complaint addresses in Rules 6, 9, 16, 17 and 51 whose street the reflow ran into the court's name, each street set on its own line as printed; Rule 2.6(B)'s transcript request address set on its four lines; Rule 2.16's empty label “D.” set apart from Rule 2.17's heading; Rule 16.27's “c)Training” set on its own line) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the rules with their effective dates, the applicability statement, the table of contents, the abbreviations, the subject index, the forms indexes and the local forms printed as page images (PDF pages 127 to 229) belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.