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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).
California > Third Appellate District > Colusa County > Superior Court of California, County of Colusa
SECTION 15 PROBATE RULES RULE 15.01 CAPTION OF PETITIONS AND POSTING The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate. (Adopted, effective 7/1/92) RULE 15.02 SIGNING AND VERIFICATION OF PLEADINGS Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney. (Adopted, effective 7/1/92) RULE 15.03 ADDITIONAL NOTICE REQUIREMENTS A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code Sections 10800 and 10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing. (Adopted, effective 7/1/92) RULE 15.04 WORDING OF PROBATE ORDER Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based. (Adopted, effective 7/1/92) RULE 15.05 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three (3) court days before the date of hearing. (Adopted, effective 7/1/92) RULE 15.06 UNCONTESTED MATTERS (A) APPEARANCE OF COUNSEL (Probate Code Section 1000) (1) Except as otherwise provided by law, all verified petitions in probate matters may be deemed submitted without an appearance, except that the attorney or petitioner shall appear on a petition for confirmation of sale of (1) real property, or (2) personal property valued in excess of one hundred dollars ($100). As used in this Rule, "verified" means verified by the petitioner. Before denying any petition where there is no appearance under this Rule, the court will continue the matter two (2) weeks, or until the next succeeding calendar, whichever is later, to give the petitioner or the petitioner's attorney opportunity to appear. If there is no appearance or other response by the petitioner or the petitioner's attorney at the continued hearing, the court may drop the matter from the calendar. (2) The petitioner or the petitioner's attorney shall appear on all petitions for appointment of guardian or conservator. Comment: It is the responsibility of the attorney to determine whether the matter has been approved or continued. (Amended, effective 7/1/97) RULE 15.07 ORDER FOR FAMILY ALLOWANCE The duration of an order for family allowance is limited to six (6) months if no inventory and appraisement has been filed, and is limited to one year if an inventory and appraisement has been filed. Comment: The court discourages requests for retroactive (nunc pro tunc) payment of family allowance. Requests for family allowance should be made in a timely fashion. (Adopted, effective 7/1/92) RULE 15.08 NONSTATUTORY FEES AND COMMISSIONS A petition for services other than statutory compensation rendered in a probate or other proceeding shall include: (1) a declaration by the attorney, personal representative, trustee or other fiduciary of the services rendered or to be rendered by each of them itemizing their services by date, time and service rendered; (2) the sum requested for each item of service, together with the total amount requested for such services (and not merely "reasonable fees"); and (3) a reference in the caption and prayer to the additional fees. In determining such fees, the court shall consider the difficulty of the tasks performed, the reasonable value of time expended, the amount of the estate accounted for, and whether an accounting is waived. (Adopted, effective 7/1/92) RULE 15.09 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (A) A full and complete description of all assets on hand. (B) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children. (C) A computation of the attorney fees and representative commissions requested. (D) A statement regarding payment of all taxes pursuant to Probate Code Section 9650. (E) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution. (F) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice of rejection with affidavit of mailing to the creditor must be filed. (G) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference. (H) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items. (I) A schedule showing the proration of taxes, fees, and costs. (J) A statement of what property is separate and what property is community. (K) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth. (L) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed. (M) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code Section 3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed. (Adopted, effective 7/1/92) RULE 15.10 REQUIRED FORM OF ACCOUNTS All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall contain a summary or recapitulation showing: (A) Amount of inventory and appraisement if first account, or amount chargeable from prior account. (B) Amount of receipts, excluding capital items. (C) Gain on sales or other disposition of assets. (D) Amount of disbursements. (E) Loss on sales or other disposition of assets. (F) Amount of property on hand. A suggested form of summary is as follows: The petitioner is chargeable and is entitled to the credits, respectively, as set forth in this summary of account. The following supporting schedules are attached hereto and incorporated herein by reference: SUMMARY OF ACCOUNT Charges Amount of Inventory and Appraisement (or, if subsequent account, amount chargeable from prior account). . . . . . . . . $ Receipts During Account Period (Schedule "A"). . . . . . . . . . . . . . . . . . . . . . $ Gain on Sales (Schedule "B"). . . . . . . . . . . . . . . . . . . . . . $ TOTAL CHARGES . . . . . . . . . . . . $ Credits Disbursements During Account Period (Schedule "C"). . . . . . . . . . . . . . . . . . . . . $ Loss on Sales (Schedule "D"). . . . . . . . . . . . . . . . . . . . . $ Other Credits (property distributed, homestead, or other property set apart) (Schedule "E"). . . . . . . . . . . . . . . . . . . . . $ Property on Hand (Schedule "F"). . . . . . . . . . . . . . . . . . . . . $ TOTAL CREDITS . . . . . . . . . . . . $ The summary should be supported by detailed schedules. The schedules of receipts and of disbursements should show the nature or purpose of each item and date thereof. The schedule of property on hand should describe each item and indicate the appraised value. (Adopted, effective 7/1/92) RULE 15.11 PETITION TO ESTABLISH FACT OF DEATH A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: (A) A copy of any instrument relating to any interest in the property; and (B) A copy of the death certificate. Comment: There is no statutory provision for the determination by a court for attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character should be made. (Adopted, effective 7/1/92) RULE 15.12 CONSERVATORSHIPS – GENERAL PLANS In its discretion, the Court may require the conservator of the person to file a general plan for the conservatorship. The general plan shall conform to the following requirements: (A) Conservators of the person and conservators of the estate for all conservatorships shall file a General Plan with the court within 90 days from their appointment. At the time of the initial hearing the court will set a date for the matter to be placed on calendar for confirmation of the filing of the General Plan. No appearances are required if the plan has been filed within the prescribed time limits. (B) The General Plan for a conservator of the person should describe the conservatee's social, physical and emotional circumstances and identify significant deficits which affect the conservatee's daily activities. There should also be a detailed explanation of the type of and level of services that will be provided which will satisfy the conservatee's basic and extraordinary personal needs. (C) The General Plan for a conservator of the estate should describe the status of the conservatee's economic circumstances. It should identify any significant problem areas with regard to the maintenance of, possession of and handling of physical assets of the conservatee. It should further specify the manner and type of investment, sources of income and procedures for handling income and expenses. It should set forth any plans for sales of assets, changes of investments, or use of investment advisors or fiduciaries for handling the conservatee's assets. The plan should set forth the procedure which will be used to identify the funds necessary to satisfy the conservatee's basic and extraordinary financial needs. (Amended, effective 7/1/15, and previously adopted, effective 1/1/07) RULE 15.13 GUARDIANSHIPS – ANNUAL REPORTS To ensure compliance with the annual reporting requirement of Probate Code §1513.2 and California Rules of Court, Rule 7.1003, a hearing date will be scheduled for no later than one month after the anniversary date of the date of every order appointing a person as a guardian. The clerk will mail to the guardian Judicial Council Form GC-251, Confidential Guardianship Status Report, at least one month before the hearing date. If the report is filed prior to the date for the hearing, no appearance will be necessary unless the court orders otherwise, and the next annual reporting date will be scheduled. (Adopted, effective 1/1/07)
SECTION 15 PROBATE RULES RULE 15.01 CAPTION OF PETITIONS AND POSTING The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate. (Adopted, effective 7/1/92) RULE 15.02 SIGNING AND VERIFICATION OF PLEADINGS Pl
Reviewer note: Composed 2026-10-12 (California T4 Colusa build 2026-10-12) from BenchPath custody ca/t4/ca-colusa/docs/local-rules-15-final.pdf (the court's rule book, its cover “COLUSA COUNTY SUPERIOR COURT LOCAL RULES REVISED AND EFFECTIVE JULY 1, 2015”, as fetched 2026-10-12; 710456 bytes, sha256 ab900b287107469f5cc0e8af39fc1af062663a6299f9ad7ccfc166e02655e0fb; 73 pages; this section PDF pages 55 to 61, printed pages 43 to 49) with the shared verbatim composer (v2 reflow): the rules (PDF pages 13 to 65, printed 1 to 53) composed as one text and cut at the sixteen section headings “SECTION 1” to “SECTION 16”, each matched once as a whole line followed by the section's title (a section may begin mid-page); the running header of every page (“COLUSA COUNTY SUPERIOR COURT”) and its page number (“- 1 -”), each named and a whole line in its band, removed as chrome - 106 chrome lines; lines reflowed into the rules' paragraphs, each rule's number and title (“RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION”), each lettered or numbered subdivision starting a line, each section heading and each history line (“(Amended, effective ...)”, “(Adopted, effective ...)”) on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds 5 struck runs on 2 pages, spaces only (a form's underlined blanks) - the book composed without strike_out; no table on the rule pages; 19 whitespace-only fixes (build/book-fixes.json: three lines wrapped at a parenthesized letter or number the reflow took for a label rejoined - Rules 1.12(C), 15.06(A)(1) and 15.08 - and Rule 15.10's suggested form of summary of account set item by item, each label with its schedule line and “$”); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (the rule numbers with their titles on one row, the words of justified title rows, Rule 4.01(3)'s two-line heading, the inner labels of Rules 2.09(B) and 3.10(E)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (3 to 11), Appendix “A” (the Certification of Attorney Competency form, 67), the index (69 to 73) and four blank pages (2, 12, 66 and 68) belong to no card. Review note: Rule 15.10’s suggested form of summary of account is set item by item, each label with its schedule line, dot leader and “$” as printed (the amounts’ blanks are underlined spaces).
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.