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Chapter 10 (Rules 10.00.00 to 10.15.00): the probate calendar in the department assigned by the presiding judge and the tentative ruling system of Department Nine - most matters not heard on the calendar date, oral argument only where the tentative ruling mandates appearances or a hearing is requested when the matter is scheduled, no appearances and no hearing on uncontested matters if a proposed order is submitted prior to hearing, the tentative ruling and written rationale on the court's web page and posted outside the assigned department on the court day preceding, the tentative ruling the order of the court at the time and date set unless oral argument is requested (10.00.01); objections asserted at the hearing or filed and served five (5) days prior to the hearing, a matter continued for one (1) week only when the petitioner has not been timely served (10.00.02); the petitioning party may request a continuance in writing no later than 1:00 p.m. the day before the hearing, unless formal objections have been filed (10.00.03); the matters requiring appearance of counsel or parties - appointment of a guardian or conservator, termination, confirmation of sale, contested matters (10.00.04); an order or judgment presented within five (5) court days after the hearing (10.00.05); remote appearances under Local Rule 7.02.00 (10.00.06); waiver of a Local Rule for good cause shown (10.00.08); additional notice under Probate Code section 1202 (10.01.04); special letters of administration ordinarily not granted ex parte without notice to the surviving spouse, the nominated executor and others having priority (10.02.01); corporate and individual co-representatives (10.02.02); a deposit to reduce bond under Probate Code section 8483 on the Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) (10.02.04); multiple representatives (10.02.05); wills proven by affidavit or declaration (10.02.06); the address, relationship and age of the persons named in the petition (10.02.09); the driver's license numbers of personal representatives kept confidential (10.02.10); captions, ex parte orders supported by a petition, affidavit or declaration, orders complete in themselves, nunc pro tunc orders correcting clerical errors and escheat petitions (10.03.01 to 10.03.06); funeral claims approved in keeping with the decedent's standard of living, the proof of service of a rejected claim filed with the notice of rejection (10.04.02, 10.04.03); a broker's commission on the sale of real property no more than 6% for improved and 10% for unimproved property, a copy of a proposed listing agreement, a 10% deposit to bid at the hearing on confirmation of sale (10.05.01 to 10.05.03); the last 25 percent of the statutory compensation not allowed prior to the approval of the final account, the costs allowed, the description of property distributed, a supplemental account where assets in excess of $1,000 are withheld, agreements for distribution, distribution to minors, the documents on file before the hearing, the tax report in a petition for final distribution and the spousal property election (10.07.04 to 10.07.13); a petition to establish the fact of death in the name of the decedent (10.08.01); guardianships and conservatorships - a temporary guardian or conservator, the citation to the court investigator, the Notice of Hearing (Judicial Council form GC-020) personally served at least five (5) days before the hearing, bonds and blocked accounts with the receipt filed within 10 days of deposit, fees, investments under Probate Code section 16040, the investment performance report, waiver of account, additional powers, the first account on or before the anniversary of the appointment and accounts at least biennially thereafter, identifying numbers, the verified Duties of Conservator (Judicial Council Form GC-348) filed before the hearing (10.09.01 to 10.09.10); guardianships of minors - notices, petitions set for hearing no sooner than 30 days after filing, no ex parte appointment of a permanent guardian, notice under Probate Code section 1511, no guardianship of the person where the family law court has jurisdiction, adoption is pending or the minor is subject to the juvenile court, support by parents (Judicial Council form FL-150 and form FL-160), the final account set no sooner than 20 days after filing, proceedings under Probate Code section 3410, the costs of investigations (10.10.00 to 10.10.07); conservatorships - notice under Probate Code section 1822, petitions set no sooner than 30 days after filing, the proposed conservator to appear personally, the general plan and its hearing at least 120 days from the appointment, termination, the final account or report, the sale of the conservatee's residence under Probate Code section 2540(b), confidential reports filed as a separate document (10.11.00 to 10.11.06); trusts subject to continuing court jurisdiction - the first account one (1) year after the judgment of distribution and the trustee's report (10.13.00 to 10.13.04); court appointed counsel in guardianships and conservatorships under California Rules of Court, rule 7.1101 - an active member of the State Bar of California for at least three (3) years, 3 hours of MCLE credit annually, the certification on Judicial Council form GC-010 and the Annual Certification (Judicial Council form GC-011), the experience required (10.14.00); application for investigative and expert fees made in writing to the judge of the department to which the case has been assigned (10.14.01); access to Lanterman-Petris-Short (LPS) Act conservatorship files when authorized by the client, the authorization in writing (10.15.00).
10.00.00 PROBATE PROCEEDINGS (Revised January 1, 2016) 10.00.01 PROBATE CALENDAR AND TENTATIVE RULING SYSTEM A. PROBATE CALENDAR. The probate calendar shall be heard pursuant to the scheduling established by the Superior Court in the department assigned by the presiding judge. B. TENTATIVE RULING SYSTEM – DEPARTMENT NINE (1) The Superior Court will operate a tentative ruling system for matters set
Reviewer note: Composed 2026-10-10 (California T4 El Dorado build 2026-10-10) from BenchPath custody ca/t4/ca-el-dorado/docs/local-rules/local-rules.pdf (the court's rule book, its cover “Local Rules Revision: January 1, 2026” and its second page “LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF EL DORADO Effective January 1, 2026”, as fetched 2026-10-10; 1813135 bytes, sha256 aba154e6450f0a7487a2f0a96e9da05110a8ab495e94410b87f54b88cfd6dd7a; 186 pages; this chapter PDF pages 110 to 129) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 11 to 147, printed 1 to 137) composed as one text, from “1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT” to the last history note of Chapter 12, and cut at the twelve chapter headings, each matched once as a whole line (a chapter may begin mid-page: Chapters 6 and 7 both begin on PDF page 39); each page's running header (“LOCAL RULES – SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO”) and its two footer lines (the printed page number and “Revised January 1, 2026”) removed as chrome (411 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.00.08 LOCATION FOR FILING AND COURT SESSIONS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 8 whitespace-only fixes (build/book-fixes.json: four cross-references the reflow broke before a label or a rule number - Rules 2.00.07, 2.01.00, 10.09.02 and 11.00.13 - joined; Rule 7.16.00's heading and a sentence of Rule 11.00.19 that a “SECTION” line start split, joined; Rule 2.01.00's two complaint addresses set line by line as printed) and 1 same-character fix (build/book-captions.json: the header row of Rule 8.19.02's debts table set cell by cell); the vertical-gap, short-line, page-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 (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the effective-date page, the table of contents, the List of Effective/Revised Dates, the Alphabetical Index of Rules and the lists of local forms (PDF pages 1 to 10 and 148 to 186) belong to no card. Review note: Carried as printed: Rule 10.00.01(B)(1)'s “Local Rule 10.0.04” for the matters requiring appearances (Rule 10.00.04), and Rule 10.09.05's “See Local Rule 10.07.01”, a number the book prints as reserved.
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.
California > Third Appellate District > El Dorado County > Superior Court of California, County of El Dorado
10.00.00 PROBATE PROCEEDINGS (Revised January 1, 2016) 10.00.01 PROBATE CALENDAR AND TENTATIVE RULING SYSTEM A. PROBATE CALENDAR. The probate calendar shall be heard pursuant to the scheduling established by the Superior Court in the department assigned by the presiding judge. B. TENTATIVE RULING SYSTEM – DEPARTMENT NINE (1) The Superior Court will operate a tentative ruling system for matters set on the regularly scheduled probate calendar. Most matters on this calendar will not be heard on the probate calendar date. Only those maters where the tentative rulings mandate appearances will there be oral argument. These will generally be limited to the matters specified in Local Rule 10.0.04. Oral argument in all other matters will not be permitted, unless hearing is requested at the time the matter is scheduled on the probate calendar. (2) Uncontested matters seeking approval of petitions, reports and accounts will have a ruling granting, denying, or a qualified grant or denial. No appearances will be required on these matters and no hearing will be held, if a proposed order is submitted prior to hearing, unless the court mandates the appearances are required in the ruling. (3) Nothing in this rule is to be construed as prohibiting counsel from attending the hearing of the probate calendar for any reason, even if their appearance is not required. (4) The tentative ruling and written rationale can be obtained via the Internet on the El Dorado County Superior Court web page at www.eldorado.courts.ca.gov on the court day preceding the date the matter is set on the probate calendar. The written rationale, if appropriate, can be viewed on the web page by clicking on the “Tentative Rulings” link and you will find the tentative rulings listed by department and calendar date. Simply click on the tentative rulings for the assigned department and then click on the date you wish to view. (5) The tentative ruling and written rationale, if appropriate, will also be posted outside the assigned department for viewing on the court day preceding the date the matter is set on the probate calendar. (6) In matters where no appearances are required, the tentative ruling will become the order of the court at the time and date the matter is set on the probate calendar, unless oral argument is requested. (Revised January 1, 2022) 10.00.02 FILING OBJECTIONS OR CONTINUANCES Objections to a matter on the probate calendar shall be asserted at the hearing or filed and served by mail on the attorney for the petitioner five (5) days prior to the hearing. If the petitioning party has not been timely served with the objections and is not present at the hearing or requests a continuance, the matter will be continued for one (1) week only. Written objections, if not already filed and served, shall then be filed and served 2 days prior to the continued hearing date. (Effective January 1, 1994) 10.00.03 CONTINUANCES Unless formal objections have been filed, the petitioning party may request a continuance by contacting the court, in writing, no later than 1:00 p.m. the day before the hearing. The continuance shall be to a date certain and shall be confirmed promptly by the clerk. (Revised January 1, 2015) 10.00.04 MATTERS REQUIRING APPEARANCES The following probate matters require appearance of counsel or parties at the hearing, unless notified by the court. A. Application for appointment of guardian or conservator. B. Termination of guardianship or conservatorship, other than by death of the minor or conservatee, or the minor attaining the age of majority. C. Confirmation of sale of real or personal property. D. Contested matters. E. Other matters at the request of the court. (Effective January 1, 1994) 10.00.05 PREPARATION OF ORDERS An order or judgment not presented for signature at the time of the hearing should be presented within five (5) court days thereafter and shall include in the first paragraph a recitation of the date of the hearing. Such order or judgment shall be dated as of the date heard with an additional blank for the date of the signature. (Revised January 1, 2016) 10.00.06 REMOTE APPEARANCES Remote appearances may be authorized at the discretion of the court in accordance with Local Rule 7.02.00. (Revised July 1, 2022) 10.00.07 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.00.08 WAIVER OF RULE For good cause shown, the court in probate proceedings may waive the application of any Local Rule in a particular case. (Revised January 1, 2016) 10.01.00 NOTICES (Effective January 1, 1994) 10.01.01 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.01.02 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.01.03 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.01.04 ADDITIONAL NOTICE IN COURT’S DISCRETION Under the provisions of Probate Code section 1202, the court may require additional notice in any matter. Ordinarily, such notice will be required whenever it appears that the interest of any person may be adversely affected by the determination of the issue raised by the pleading. (Revised January 1, 2012) 10.02.00 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS (Effective January 1, 1994) 10.02.01 SPECIAL LETTERS, NOTICE, AND APPOINTMENT A. An ex parte petition for special letters of administration ordinarily will not be granted without notice to the surviving spouse, the person nominated as executor, any other person having priority, and any other person the court determines to be equitably entitled to notice. B. When appointing a special administrator, preference will be given to the person entitled to letters testamentary or of administration. If it appears that a bona fide contest exists between these persons, the court will consider the appointment of a neutral party as special administrator. (Effective January 1, 1994) 10.02.02 CORPORATE AND INDIVIDUAL CO-REPRESENTATIVES A corporate representative cannot assume responsibility for the acts of its individual co-representative who must provide bond as required by law. Any deposit made under the provisions of the Financial Code for the purpose of reducing bond must be made jointly by the corporate and individual co-representatives. (Effective January 1, 1994) 10.02.03 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.02.04 DEPOSIT OF PERSONAL PROPERTY FOR REDUCTION OF BOND A. When the personal representative, under Probate Code section 8483, seeks to reduce the amount of bond (whether at the time of appointment of subsequently) by restricting the withdrawal of money or other personal property that has not already been deposited under Probate Code sections 9700 or 9701, the Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) shall either provide: (1) The money or other personal property shall remain on deposit at the financial institution or trust company then in possession of the money or other personal property, subject to withdrawal only upon authorization of the court; or (2) The money of other personal property shall be transferred directly from the financial institution or trust company then in possession of the money or other personal property to another financial institution or trust company, without the money or other personal property coming into the possession of the personal representative, subject to withdrawal only upon authorization of the court. The personal representative and the personal representative’s attorney, if any, shall deliver a copy of the Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) to each financial institution or trust company then in possession of the money or other personal property and, if applicable, to the financial institution or trust company to which the money or other personal property is to be transferred. The depository’s Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account (Judicial Council form MC-356) shall be filed with the court within 15 days of the issuance of the order. Additionally, a status conference shall be set for three (3) weeks after the court issues the order to confirm filing of the Receipt and Acknowledgment. If the Receipt and Acknowledgment is timely filed, the matter will be removed from the calendar and no appearances will be required. B. When the personal representative, under Probate Code section 8483, seeks to reduce a bond that has already been given by restricting the withdrawal of money or other personal property that has already been deposited under Probate Code sections 9700 or 9701, the personal representative and the personal representative’s attorney, if any, shall deliver a copy of the Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) to each depository in which the money or other personal property is deposited. The depository’s Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account (Judicial Council form MC-356) shall be filed with the court within 15 days of the issuance of the order. Additionally, a status conference shall be set for three (3) weeks after the court issues the order to confirm filing of the Receipt and Acknowledgment. If the Receipt and Acknowledgment is timely filed, the matter will be removed from the calendar and no appearances will be required. (Revised January 1, 2016) 10.02.05 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. (Effective January 1, 1994) 10.02.06 PROOF OF WILLS BY AFFIDAVIT OR DECLARATION A. The court prefers that both formal witnessed wills and holographic wills be proven by affidavit or declaration rather than by testimony. B. Proof as to the admissibility of each testamentary document must be submitted; except that in the event there is a codicil, which expressly republishes the will, proof of the execution of the codicil may be deemed sufficient. C. The copy of the will attached to the proof of subscribing witness must be certified by the attorney of record or by endorsement of the clerk of the court. D. Self-proving wills need no additional proof unless requested by the court. (Effective January 1, 1994) 10.02.07 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.02.08 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.02.09 AGE, ADDRESS, AND RELATIONSHIP The petition shall also include the following with respect to persons required to be named in the petition by the Probate Code: A. The address, including the residence number, street, city, state, and zip code, or post office box number customarily used for residence mailing purposes; B. The relationship of the person to the decedent; C. The age of the person; except that a person over the age of 18 may simply be designated as an adult unless the person’s age is relevant to the person’s interest in the estate. (Revised January 1, 2016) 10.02.10 INFORMATION REQUIRED OF PERSONAL REPRESENTATIVES UPON ACKNOWLEDGEMENT OF DUTIES The driver’s license numbers of personal representatives (other than public officers or trust companies) shall be provided in the receipt of the acknowledgement of duties and liabilities required by Probate Code section 8404. These numbers shall be kept confidential and shall not be made available for public inspection without a court order. (Revised January 1, 2012) 10.03.00 MOTIONS, PETITIONS, AND ORDERS (Effective January 1, 1994) 10.03.01 CAPTIONS The caption in each petition or motion filed in a probate matter shall identify each matter requiring action by the court. (Effective January 1, 1994) 10.03.02 PETITION TO SUPPORT EX PARTE ORDER An ex parte order will not be granted unless accompanied by a petition, affidavit, or declaration (where applicable) in support thereof. (Effective January 1, 1994) 10.03.03 ORDERS TO BE COMPLETE IN THEMSELVES All orders and judgments in probate matters must be complete in themselves. All matters actually passed on by the court, including the relief granted, the names of persons and descriptions of property (including assessor’s parcel number and specific legal description), amounts of money affected, the terms of trusts, and the provisions of leases or other agreements must be set forth with the same particularity that is required in judgments in civil matters. (Effective January 1, 1994) 10.03.04 NUNC PRO TUNC ORDERS CORRECTING CLERICAL ERRORS A. If, through inadvertence, the minute order or the signed decree fails to state the order actually made by the court, the court will, on motion, make a nunc pro tunc order correcting the mistake. Such a motion must normally be supported by an affidavit or declaration. B. If the nunc pro tunc order does not take the form of a completely amended order reflecting its nunc pro tunc character, it should be substantially in the following form: “On motion to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected by striking the following: (here set out the matter to be eliminated) and by inserting in lieu thereof the following: (here set out the correct matter).” C. To prevent errors, not less than a complete clause or sentence should be stricken, even if it is intended only to correct one word or a figure. (Effective January 1, 1994) 10.03.05 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.03.06 ESCHEAT PETITIONS A. A genealogy chart must be attached to the petition showing the relationship of the claimant to the decedent and all heirs of the decedent, including deceased heirs who have or would have had standing to inherit equal to or greater than that of the claimant. B. A copy of the decree of distribution must be attached to the petition. C. All documentary evidence in support of the petition must be on file at the time the matter is calendared for hearing. D. In the absence of satisfactory proof that the petitioner(s) has (have) sole entitlement to the escheated property, payment of all of the property shall not be ordered until after expiration of the time to file claims. (Effective January 1, 1994) 10.03.07 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.04.00 CREDITORS’ CLAIMS (Effective January 1, 1994) 10.04.01 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.04.02 APPROVAL OF FUNERAL CLAIMS A. Funeral expenses (including the cost of interment, interment plot, endowment care, and a suitable monument) proportionate to value of decedent’s assets, and in keeping with the standard of living adopted by the decedent prior to his or her death, or as provided in the will, will be approved by the court. The burden of proof as to the reasonableness of the claim for funeral expenses is on the personal representative. B. When interest has been paid in connection with the delayed payment of a claim for funeral expenses, a specific reason for the delay must be made in the report accompanying the account in which credit for such payment has been taken. (Effective January 1, 1994) 10.04.03 PROOF OF SERVICE ON REJECTED CLAIMS Proof of service of the rejection of any claim under Probate Code section 9250 must also be filed with a copy of the notice of rejection. (Effective January 1, 1994) 10.05.00 SALES (Effective January 1, 1994) 10.05.01 BROKER’S COMMISSION ON SALE OF REAL PROPERTY Upon the confirmation of the sale of real property, a broker’s commission in excess of the amounts set forth in the following schedule will not be allowed: Improved property 6% Unimproved property 10% (Effective January 1, 1994) 10.05.02 LISTING AGREEMENT Statutory provisions concerning listing agreements for the sale of real property are set forth at Probate Code section 10150, et seq. A petition for authorization to enter into a listing agreement submitted for court approval must be accompanied by a copy of the proposed agreement. Personal representatives with authority under the Independent Administration of Estates Act need not submit proposed listing agreements to the court for approval. (Revised January 1, 2012) 10.05.03 NOTICE AND HEARING ON CONFIRMATION OF SALE OF REAL PROPERTY A 10% deposit in the form of cash or certified check must be submitted at the hearing in order for a person to bid on real property. (Revised January 1, 2012) 10.06.00 – 10.06.99 RESERVED FOR FUTURE USE (Effective January 1, 1994) 10.07.00 ACCOUNTS, FEES, AND DISTRIBUTION (Revised July 1, 2014) 10.07.01 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.07.02 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.07.03 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.07.04 ALLOWANCE ON ACCOUNT OF COMPENSATION Except for good cause shown, the last 25 percent of the statutory compensation will not be allowed prior to the approval of the final account and the judgment of distribution. (Revised January 1, 2016) 10.07.05 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.07.06 COSTS The cost of long distance telephone calls and unusual amounts of photocopies and postage, if properly itemized, shall be allowed as costs of administration. (Effective January 1, 1994) 10.07.07 DESCRIPTION OF PROPERTY DISTRIBUTED A. The petition for distribution, as well as the judgment of distribution, shall list and describe all property, including the assessor’s parcel number and specific legal description of real property to be distributed. In case of intestacy: (1) where the decedent leaves a surviving spouse, the petition shall allege whether the property is community or separate; and (2) where distribution is to be made pursuant to Probate Code section 6402.5, the source of the property shall be alleged. B. A supplemental account must be presented if assets in excess of $1,000 or more are withheld from initial final distribution, unless the account has been waived. (Revised January 1, 2012) 10.07.08 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.07.09 AGREEMENTS FOR DISTRIBUTION A. If the distributees seek a distribution in a manner other than that provided by the will or by the laws of intestate succession, a written agreement between the affected distributees must be filed in the probate proceeding or consent thereto endorsed on the petition. The order of distribution shall include reference to the assignment, agreement or disclaimer, which is the basis for the distribution. B. A minor distributee or other distributee under disability must be represented by his or her legal representative; and prior court approval of the agreement, assignment, or disclaimer must be obtained if the distributee is subject to a guardianship or conservatorship. (Revised January 1, 2016) 10.07.10 DISTRIBUTION TO MINORS If a minor is to receive a distribution, the decree shall indicate the Probate Code section providing the method for distribution on behalf of the minor. (Revised January 1, 2016) 10.07.11 DOCUMENTS TO BE ON FILE BEFORE HEARING FOR DISTRIBUTION Where a guardian of a minor must be appointed, or affidavits or declarations are required under Probate Code sections 3401 or 13101, or proceedings are had under Probate Code section 3410, et seq., the guardian must be appointed or such affidavits or declarations, or a certified copy of the order made under Probate Code section 3410, et seq., shall be filed prior to the hearing on the petition for distribution. When distribution is to be made to a testamentary trustee, the consent of the trustee to act must be filed prior to the hearing on the petition for distribution. (Revised January 1, 2012) 10.07.12 PETITION FOR FINAL DISTRIBUTION A. Petitions for final distribution must include a report of the following: (1) That no federal or California estate taxes are payable or that they have been paid; (2) That income taxes and all other taxes (e.g., supplemental real property or personal property taxes, if any) have been paid or otherwise provided for. B. If estate taxes are payable or paid: (1) the petition shall set forth whether said taxes were prorated pursuant to Probate Code section 20100, et seq., or the provisions of the will; and (2) the petition must reflect whether or not there are non-probate assets includable in the gross estate for estate tax purposes. (Revised January 1, 2016) 10.07.13 SPOUSAL PROPERTY ELECTION Formal probate of community, quasi community, or separate property passing or confirmed to a surviving spouse in a decedent’s estate pursuant to Probate Code section 13502 must be supported by a written election expressly indicating a consideration of the alternative procedures available pursuant to Probate Code section 13650. Written elections pursuant to Probate Code section 13502 shall contain an express acknowledgement that the inclusion of property passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees, commissions, and attorney fees. (Revised January 1, 2012) 10.08.00 JOINT TENANCIES AND LIFE ESTATES (Effective January 1, 1994) 10.08.01 PROCEEDINGS MUST BE IN NAME OF DECEDENT A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated. (Revised January 1, 2016) 10.08.02 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.09.00 GUARDIANSHIPS AND CONSERVATORSHIPS – GENERAL PROVISIONS (Effective January 1, 1994) 10.09.01 APPOINTMENT OF TEMPORARY GUARDIAN OR CONSERVATOR A. On or after filing a petition for appointment of a guardian or conservator, any person entitled to be a guardian or conservator may be appointed as temporary guardian or conservator of the person or estate or both. An endorsed copy of the petition for appointment of a general guardian or conservator shall be submitted with the application for a temporary guardian or conservator. B. An endorsed copy of the Petition for Temporary Guardian or Conservator (Judicial Council forms GC-110 or GC-111) shall be served upon the court investigator along with a citation appointing the court investigator to conduct an investigation regarding guardianship (local form available) or conservatorship (Judicial Council form GC-330). C. Requests to dispense with notice of a temporary guardianship or conservatorship petition under Probate Code section 2250 shall be supported by a written declaration setting forth with specificity all facts showing good cause therefore. If a noticed hearing is required, the court will set the matter for hearing. D. The Notice of Hearing (Judicial Council form GC-020) and a copy of the petition shall be personally served at least five (5) days before the date of hearing on the conservatee or on the minor, if the minor is 12 or older. If the petition is by a person other than a parent, and if a parent or parents of the minor is or are living, notice of hearing and a copy of the petition should be served personally on such parent or parents at least five (5) days before the date of hearing. The court may require notice to other persons or may waive notice for good cause. (Revised July 1, 2013) 10.09.02 GUARDIAN’S AND CONSERVATOR’S BONDS A. Except when the provisions of Probate Code section 2323 apply, the policies of the court with reference to bonds in decedents’ estates set forth in Local Rule 10.02.04 shall be followed in guardianship and conservatorship proceedings. Under Probate Code section 2323, the court may dispense with the requirement of a bond. B. If assets are ordered blocked, a written receipt shall be obtained from the depository acknowledging that principal and earnings shall not be withdrawn without prior court order. The receipt will be filed within 10 days of deposit. The court shall set a hearing to determine that the deposit has been made and the receipt filed. (Revised August 1, 2016) 10.09.03 ALLOWANCE OF FEES IN GUARDIANSHIPS OR CONSERVATORSHIPS A. The guardian or conservator or the attorney for the guardian or conservator may petition the court to determine fees in the manner authorized by Probate Code section 2640, et seq. The petition shall specify the services rendered and the fees requested. The title of the petition embodying such application and the notice of hearing shall include a reference to the request. B. The petition shall include a description of the service, time expended, and requested compensation for each service. The court may require additional detailed documentation showing for each date the services performed and the time expended. (Revised January 1, 2012) 10.09.04 INVESTMENT BY GUARDIAN OR CONSERVATOR A. The standard set out in Probate Code section 16040 (providing for investments by trustees) will be the standard applied by the court in authorizing proposed investments by guardians or conservators. The court does not act as an investment counselor but suggests that investments should be prudent and in keeping with the size and character of the ward’s or conservatee’s estate. Investments in existence at the time of the creation of the guardianship or conservatorship usually may be maintained. B. The court will not ordinarily authorize the investment of the ward’s or conservatee’s funds in unsecured loans, secured loans to a near relative, bonds, or obligations of foreign governments or corporations, or debenture bonds except those which are part of a large issue, well-seasoned, and readily marketable. C. Investments in real estate, either by purchase or encumbrance, will not be authorized unless supported by an appraisement by the probate referee regularly appointed in the guardianship or conservatorship estate. It is preferred that the guardian or conservator be authorized to purchase real estate for cash only. D. Purchase of life insurance on the minor ward’s life will not ordinarily be authorized. (Revised January 1, 2012) 10.09.05 INVESTMENT PERFORMANCE REPORT Each accounting of a guardian or a conservator shall be accompanied by a report containing the guardian’s or conservator’s investment objectives and results with reference to the needs of the ward or conservatee and shall explain why the estate suffered any loss or held unproductive property. (See Local Rule 10.07.01.) (Revised January 1, 2012) 10.09.06 WAIVER OF ACCOUNT A. If Probate Code section 2628 (public benefit payments) is applicable, the guardian or conservator may petition the court for an order dispensing with accounts. Ex parte petitions pursuant to Probate Code section 2628 will not be granted. B. A final report setting forth the assets on hand shall be filed upon termination of a guardianship or conservatorship even when accounts have been waived. (Revised January 1, 2012) 10.09.07 ADDITIONAL POWERS On the petition of the guardian or conservator at the time of appointment or later, the court may grant additional powers to the guardian or conservator as authorized by Probate Code sections 2590 and 2591. Such powers are not automatically granted; and, when requested, sufficient reasons must be shown for their necessity. The court will grant only those additional powers necessary or proper under the specific circumstances of each case. Any powers so granted must be set forth at length in the order and in the Letters of Guardianship or Conservatorship. (Revised January 1, 2012) 10.09.08 ACCOUNTS A. The first account shall be filed on or before the anniversary date of the order appointing the guardian or conservator; and subsequent accounts shall be filed at least biennially thereafter. The first account shall be for a minimum period of nine (9) months from date of appointment. B. Where there are multiple wards joined in a single guardianship proceeding, an account shall reflect a separate accounting for each of the respective wards. C. Along with each account, the current address of the conservatee and conservator, or guardian and ward shall be filed with the court. D. Pursuant to Probate Code section 2620(c)(8), the court shall retain all documents lodged with it until the court’s determination of the guardian’s or conservator’s account has become final, at which time the supporting documents shall be returned to the depositing guardian or conservator, or delivered to any successor appointed by the court. (Revised January 1, 2014) 10.09.09 IDENTIFYING NUMBERS Driver’s license number of the conservator, conservatee, guardian, or ward shall be presented to the probate investigator’s office on request. Social security number may be requested provided the individual is informed that disclosure is voluntary. These numbers are to be used by the investigator’s office for the performance of investigatory duties only and will not be disclosed to third persons without prior court authorization. (Effective January 1, 1994) 10.09.10 VERIFIED DUTIES OF CONSERVATOR AND ACKNOWLEDGEMENT Prior to the hearing on a conservatorship petition, the proposed conservator shall execute and file the verified Duties of Conservator and Acknowledgement of Receipt of Handbook for Conservators form (Judicial Council Form GC-348). (Revised January 1, 2012) 10.10.00 GUARDIANSHIPS OF MINORS (Effective January 1, 1994) 10.10.01 APPOINTMENT OF GUARDIAN OF MINOR A. The attorney for the petitioner shall be responsible for the mailing of all required notices. If there are no relatives within the second degree, the petition shall so allege. A copy of the petition shall accompany each notice of hearing. B. At the time of filing the petition for appointment, the attorney for the petitioner shall file a notification to the court of address on conservatorship or guardianship. C. All petitions for appointment shall be set for hearing no sooner than 30 days after filing. D. There shall be no ex parte appointment of a permanent guardian. E. Petitions for guardianships shall contain an allegation as to whether or not the minor(s) has been or is a party to a civil action in which monetary damages are claimed. If the minor(s) is such a party, the file number of the action must be indicated, as well as the name of the county in which the case is pending. (Effective January 1, 1994) 10.10.02 HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN OF NON-RELATIVE MINOR A petition for appointment of guardian of a minor shall be set for hearing, and notice of hearing thereon shall be given as provided in Probate Code section 1511, subject to the exceptions stated therein. (Revised January 1, 2012) 10.10.03 EFFECT OF OTHER PROCEEDINGS A guardianship of the person will not be granted by the probate court under any of the following circumstances: (a) family law court has jurisdiction over custody of the proposed ward; (b) adoption proceedings are pending; or (c) the minor is subject to the jurisdiction of the juvenile court. (Effective January 1, 1994) 10.10.04 DUTIES OF GUARDIAN – SUPPORT BY PARENTS Guardianship funds shall not be used for a minor’s support, except upon a showing of the parents’ financial inability or other circumstances which would justify the same. If there is a claim that the parents lack financial ability to provide support, the parents shall file Family Law Income and Expense Declaration (Judicial Council form FL-150) and Property Declaration (Judicial Council form FL-160). (Revised July 1, 2013) 10.10.05 FINAL ACCOUNT AND REPORT A. Waiver of guardian’s final account will be permitted for good cause. The final account shall be set for hearing no sooner than 20 days after filing. B. Waiver of a guardian’s account by a ward who has attained the age of majority will not be accepted unless the ward personally appears and confirms the waiver or a written waiver by the ward is filed which includes a complete list of the assets to be distributed to the ward. C. The final report and/or account shall include a description of the remaining assets on hand to be distributed to the ward. (Effective January 1, 1994) 10.10.06 PROCEEDINGS UNDER PROBATE CODE SECTION 3410, ET SEQ. A. Petitions filed under Probate Code section 3410, et seq., must be filed in a separate proceeding under the name of the minor, and must set forth jurisdictional facts and state the amount to be paid, by whom, and what reimbursement for costs and fees is requested, and request the deposit of the balance of the proceeds in a specific bank or savings and loan association in the manner provided by law. B. If the petition merely seeks the deposit of funds subject to reimbursement for costs expended for the filing of the petition, the petition may be granted by the court without notice. If, however, attorney’s fees are sought, the matter must be noticed for hearing on the court’s regular calendar. C. The order shall provide for the persons holding funds to make one check payable to the persons entitled to costs and fees, and shall provide for the issuance of a second check for the amount to be deposited, payable to the proposed trustee and the specific bank or savings and loan association. (Revised January 1, 2012) 10.10.07 COSTS OF INVESTIGATIONS Court investigations will be conducted upon filing of the guardianship petition and at the time of each accounting. Charges will be assessed for each investigation and review pursuant to Probate Code section 1513.1. (Revised January 1, 2012) 10.11.00 CONSERVATORSHIPS (Effective January 1, 1994) 10.11.01 APPOINTMENT OF CONSERVATOR A. The attorney for the petitioner shall be responsible for the mailing of all required notices. If there are no relatives within the second degree, the petition shall so allege. Notice of hearing of a petition for the appointment of a conservator shall be given pursuant to Probate Code section 1822. A copy of the petition shall accompany each notice of hearing. There shall be a separate proceeding for each person for whom the appointment of a conservator is sought. B. At the time of filing the petition for appointment, the attorney for the petitioner shall set forth the address of the conservator and proposed conservatee. All petitions for appointment shall be set for hearing no sooner than 30 days after filing. C. Proposed conservators, except public officers and corporate fiduciaries, shall appear personally for the hearing on the petition for appointment as conservator. D. Upon approval of a petition for appointment of a conservator, the court will order the conservator to file a “general plan” detailing how the personal and financial needs of the conservatee will be met. A copy of the plan shall be provided to the court investigator, and notice of the filing of the general plan shall be given to those persons who have been given notice of the petition. The general plan may be reviewed by those persons who have been given notice of the petition and who request to review the general plan. A hearing date will usually then be set at least 120 days from the date of appointment for a hearing on the general plan. (Revised January 1, 2012) 10.11.02 PLACING PETITION ON CALENDAR When a petition is filed, the Hearing shall be set within 30 days and a citation shall issue accordingly. If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service, except by issuance of an amended citation. In such circumstances, the original citation shall be filed showing no service. (Effective January 1, 1994) 10.11.03 TERMINATION OF CONSERVATORSHIP A. A conservatorship may be terminated pursuant to Probate Code section 1860, et seq. Except in cases where the conservatee is deceased, a petition for termination shall be set for hearing no sooner than 30 days after filing; the petition shall set forth the current address of conservatee. The court investigator shall be noticed of the petition for termination of conservatorship. B. A petition for termination of conservatorship of a living person will not be granted unless the conservatee personally appears in court or is excused after the filing of a physician’s affidavit or declaration setting forth the reasons why the conservatorship is no longer required. (Revised January 1, 2012) 10.11.04 FINAL ACCOUNT OR REPORT A. When a final account or report is filed, notice of the hearing and a copy of the final account and/or report shall be given. If the conservatee is deceased, notice of the hearing and a copy of the account and/or report shall be given to the personal representative of the deceased conservatee’s estate and the court investigator. If the conservator is also the personal representative of the deceased conservatee’s estate or there is no personal representative, notice of the hearing and copies of the final account and/or report shall be given to the deceased conservatee’s heirs and devisees. The names, relationships, and addresses of the heirs and devisees shall be set forth in the final account and/or report. B. A final account shall be required on termination of the conservatorship of an estate except under the following circumstances: (1) the former conservatee who has been restored to full capacity waives the accounting; (2) if the conservatee is deceased, when an account is waived by those persons entitled to receive distribution of the estate as provided in Probate Code section 10954; except that if conservator is also the personal representative of the conservatee’s estate, waivers shall be required by all heirs or devisees; or (3) when the court has ordered that accounts are not required pursuant to Probate Code section 2628 and the conditions of that Probate Code section are otherwise met. C. The report shall include a statement of the specific assets on hand. (Revised January 1, 2012) 10.11.05 SALE OF CONSERVATEE’S RESIDENCE Sale of a conservatee’s residence requires prior authorization in compliance with Probate Code section 2540(b). Petitions for authorization of sale of the conservatee’s residence and/or authorization to execute a listing agreement for sale of the conservatee’s residence will be considered only upon a calendared motion with notice given pursuant to Probate Code section 1460 (general mailed notice) and Probate Code section 2702 (special notice). (Revised January 1, 2012) 10.11.06 CONFIDENTIAL REPORTS, SUPPLEMENTS, OR PLANS Any confidential report, supplement or plan filed in conservatorship proceedings pursuant to Probate Code section 2620 (accounts) or 1821 (establishment) shall be filed as a separate document, shall contain the word “CONFIDENTIAL” in the caption, and shall be verified by the party presenting it. (Revised January 1, 2012) 10.12.00 – 10.12.01 RESERVED FOR FUTURE USE (Effective January 1, 1994) 10.13.00 TRUSTS SUBJECT TO CONTINUING COURT JURISDICTION (Effective January 1, 1994) 10.13.01 IN GENERAL Accounts filed by trustees shall be in the form and otherwise conform to the requirements for accounts by personal representatives in decedents’ estates. (Revised January 1, 2016) 10.13.02 PERIOD OF ACCOUNT The first account of a trustee subject to continuing court jurisdiction shall be rendered one (1) year after the judgment of distribution of the estate or other court order or judgment from which the trust was funded. Thereafter, accounts shall be rendered at intervals prescribed by the court as the nature of the trust property and the interests of the beneficiaries require. (Revised January 1, 2016) 10.13.03 RESERVED FOR FUTURE USE (Revised January 1, 2016) 10.13.04 REPORT OF TRUSTEE A report shall accompany each account of a trustee. The report shall contain concise reference to the purposes of the trust and how they have been satisfied by the trustee during the period of the account. The report shall identify the beneficiaries (both present and future) and give a brief summary of distributions made to or for their benefit, as reflected in the account. Investment objectives, and results with reference to the purpose of the trust, are to set forth with a brief summary of the account measured in terms of the specific trust objectives and requirements. The report shall not merely recite what has been done but shall relate the activities reflected in the account to the purposes and persons for which the trust was created. (Revised January 1, 2012) 10.14.00 COURT APPOINTED COUNSEL IN GUARDIANSHIPS AND CONSERVATORSHIPS A. PURPOSE. The purpose of this rule is to ensure that counsel appointed for minors in guardianship proceedings or for appointment to represent conservatees or proposed conservatees in probate proceedings meet the professional qualifications imposed by California Rules of Court, rule 7.1101. B. GENERAL CRITERIA. To be eligible for appointment as counsel under Probate Code section 1470 or 1471 for a minor in a guardianship proceeding or to represent conservatees of proposed conservatees, an attorney must be an active member of the State Bar of California for at least three (3) years immediately before the date of appointment and have no discipline imposed within a 12-month period prior to appointment. In addition, he or she must have professional liability insurance in the amount of $100,000.00 per occurrence and $300,000.00 per year. Appointed counsel must meet the minimum appointment qualifications prescribed by California Rules of Court, rule 7.1101 and annually complete 3 hours of MCLE credit for State Bar certified specialists in estate planning, trust and probate law. C. CERTIFICATION OF QUALIFICATIONS. Prior to initial appointment, counsel must certify to the court, in writing, that he or she has met the qualifications for appointment by submission of a fully executed Certification of Attorney Concerning Qualifications for Court Appointment in Guardianships or Conservatorships (Judicial Council form GC-010). Thereafter, before the end of March of each following year, counsel must file the mandatory Annual Certification of Court Appointed Attorney (Judicial Council form GC-011.) Counsel are required to immediately advise the court of the imposition of any State Bar discipline. D. REQUIRED QUALIFICATIONS FOR PRIVATE COUNSEL (1) Appointments to Represent Minors in Guardianship Proceedings. In addition to satisfying the general criteria and the annual continuing education requirement, counsel must either: a. Within the previous five (5) years, have represented three wards or proposed wards in probate guardianships, three children in juvenile court dependency proceedings, or three children in custody proceedings under the Family Code; or b. Have been certified by the court as eligible for appointment under California Rules of Court, rule 5.242 and Local Rule 8.23.00, et seq., to represent minors in family law child custody and visitation proceedings or has been certified as eligible for appointment under California Rules of Court, rule 5.660 and Local Rule 11.00.17 to represent parties in juvenile dependency proceedings. (2) Appointments to Represent Conservatees or Proposed Conservatees. For an appointment to represent a conservatee or a proposed conservatee, counsel must have represented at least three conservatees or proposed conservatees in either probate or LPS conservatorships or complete three of the following five: a. Represented petitioners for the appointment of a conservator at commencement of three probate conservatorship proceedings, from initial contact with the petitioner through the hearing and issuance of Letters of Conservatorship; b. Represented a petitioner, a conservatee or a proposed conservatee, or an interested third party in two contested probate or LPS conservatorship matters. A contested matter that qualifies under this item and also qualifies under (a) may be applied toward satisfaction or both items; c. Represented a party for whom the court could appoint legal counsel in a total of three matters described in Probate Code sections 1470, 1471, 1954, 2356.5, 2357, 2620.2, 3140, or 3205; d. Represented fiduciaries in three separate cases for settlement of a court filed account and report, through filing, hearing, and settlement, in any combination of probate conservatorships or guardianships, decedent’s estates, or trust proceedings under Division 9 of the Probate Code; or e. Prepared five wills or trusts, five durable powers of attorney for health care, and five durable powers of attorney for asset management. E. REQUIRED QUALIFICATIONS FOR DEPUTY PUBLIC DEFENDERS. To be eligible for appointment, a deputy public defender must either satisfy the same requirements as private counsel for appointment to represent a minor in a guardianship proceeding or a conservatee or proposed conservatee in probate proceeding or have a minimum of three (3) years’ experience representing minors in juvenile dependency or delinquency proceedings or patients in post certification judicial proceedings or conservatorships under the LPS Act. (Revised July 1, 2013) 10.14.01 INVESTIGATIVE AND EXPERT FEES AND EXPENSES; COMPENSATION A. APPLICATION FOR FEES AND EXPENSES. Application for investigative and/or expert fees and expenses shall be made in writing to the judge of the department to which the case has been assigned. B. AMOUNT OF FEES. In no event shall the court grant fees or expenses not reasonably justified by the nature of the case, as supported by written application. The written application shall specify the nature, purpose, and materiality of the proposed investigator/expert services and shall contain an estimate of the fees and expenses involved including the proposed investigator’s/expert’s hourly fees for out of court work and for courtroom testimony. The name of the investigator/expert to be retained and a brief statement of qualification shall also be included or attached. Unusual or extraordinary requests shall be justified in detail. C. ORDER FOR FEES AND EXPENSES. The order for investigator/expert fees and expenses shall be on a form approved by the court. D. MAXIMUM RATES FOR INVESTIGATOR/EXPERT SERVICES AND TESTIMONY. Claims for investigator/expert services authorized pursuant to this rule shall not exceed the amounts approved by the court. E. SUBMISSION OF CLAIMS. Claims for investigator/expert fees and expenses shall be made on a form approved by the court, to which must be attached a copy of the court order awarding fees and a detailed accounting of all claimed fees and expenses. The claim shall be submitted for approval to the department of the Superior Court that authorized the expenditure specified in subsection (A) of this rule. (Effective July 1, 2012) 10.15.00 ACCESS TO CERTAIN PROBATE FILES Lanterman-Petris-Short (LPS) Act Conservatorship File (Welfare and Institutions Code section 5540). A qualified professional, the attorney for the patient, a county patient’s rights advocate, or a person designated by the patient may inspect and copy confidential client information and records when specifically authorized by the client or the guardian ad litem. The authorization shall be in writing and shall be kept with the file. (Revised January 1, 2012)
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.