Fresno County Superior Court Local Rules (effective July 1, 2026) — Chapter 7: Probate Rules (Rules 7.1 to 7.14)

Requirement

CHAPTER 7. PROBATE RULES RULE 7.1 PLEADINGS 7.1.1 Form of Documents Presented for Filing in Probate Matters A. All persons filing as self-represented shall file with the court a separate verified declaration regarding his or her residence address, if the residence is not the address of record in the proceeding. B. When a petition or other request for relief is presented to the court, the Probate Code section that allows the requested relief must appear below the title of the pleading. C. If a beneficiary, heir, child, spouse, or registered domestic partner in any action before the Probate Court is deceased, that person’s date of death shall be included in the petition. D. A proposed Order shall be submitted with all pleadings that request relief. If the proposed Order is not received in the Probate Filing Clerk’s Office ten (10) days before the scheduled hearing, a continuance may be required. E. All documents relating to a matter set for hearing shall have the hearing date, time and department set forth on the face of the document. F. Physical filings containing attachments, schedules, or exhibits shall be indexed and shall have page numbers on all pages. (Effective July 1, 2024; Rule 7.1.1 renumbered effective January 1, 2006; adopted as Rule 70.1 effective July 1, 2004) 7.1.2 Filing Fees for Trust Matters Proceedings for trust matters, including but not limited to testamentary trusts, trust funded by court order, and related by separate trusts, require separate case number assignment and payment of a current filing fee for establishment of such separate case. (Effective July 1, 2024; Rule 7.1.2 renumbered effective January 1, 2006; adopted as Rule 70.2 effective January 1, 2004) (Rule 7.1 renumbered effective January 1, 2006; adopted as Rule 70 effective July 1, 1992) RULE 7.2 PROBATE APPEARANCES 7.2.1 Appearance Requirements Parties are required at all hearings unless the matter has been recommended for approval (see Rule 7.3). When an appearance is required, attorneys and unrepresented parties shall appear in person or remotely, pursuant to Rule 7.2.2. (Effective January 1, 2023; Rule 7.2.1 renumbered effective January 1, 2006; adopted as Rule 71.1 effective January 1, 2004) 7.2.2 Remote Appearances A. This Local Rule is adopted pursuant to Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672. B. The Probate department currently utilizes the Zoom platform for remote appearances. The platform supports both video and audio capabilities. Appearances through Zoom are available at no cost. C. Remote appearances are permitted for a party in a Probate action. A “party” is defined as a petitioner, respondent, or their attorney of record. It also includes a parent or child in a guardianship proceeding and a conservatee in a conservatorship proceeding. D. To request a remote appearance, a party must do the following: 1. File a Notice of Remote Appearance form (RA-010), at least five court days prior to the hearing. Forms received after five court days will be considered untimely and remote appearance will not be permitted. 2. Include an e-mail address on the Notice of Remote Appearance (RA-010) form. An e-mail address is required in order to receive confirmation of approval and Zoom link information by the Probate Clerk’s office. If an e-mail address is not provided, the form will not be accepted for filing. 3. When e-filing the Notice of Remote Appearance (RA 010), it must be e-filed as a separate document. Additional documents shall not be included in the same electronic envelope. Unless a specific code for the Notice of Remote Appearance exists, the document shall be filed as a general notice with “Remote Appearance” indicated as the description. Failure to submit the form according to this process may inhibit timely processing and consideration by the Court. 4. When submitting the Notice of Remote Appearance (RA-010) by mail or over the counter, it must be submitted for filing as a separate document or placed at the top of the forms packet. Failure to submit the form according to this process may inhibit timely processing and consideration by the Court. 5. Requests for remote appearance in evidentiary hearings, such as a trial, will be directed to the assigned judicial officer for that proceeding. E. Court Discretion to Require In-Person Appearance Notwithstanding the other provisions of this rule and the availability of remote technology, the Court in its discretion and consistent with Code of Civil Procedure section 367.75, may: 1. Require a party, attorney, or other participant to personally appear in court; or 2. On its own motion, conclude a remote proceeding and require a party, their attorney or other participant to personally appear at a subsequent or continued hearing; or 3. On its own motion, terminate an authorized remote appearance and continue the matter for an in-person appearance for any of the following reasons: a. Technical or audibility issues that interfere with the judicial officer’s ability to make a determination required by the hearing. b. Interference with a court reporter’s ability to make an accurate record. c. Interference with counsel’s ability to provide effective representation. d. Interference with an interpreter’s ability to provide language access. e. In-person appearance is determined necessary to assist in the interests of justice. F. Notice and Waiver for Duration of Case 1. Notice of Remote Appearance (RA-010) is to be given to the court and all persons entitled to receive notice of the proceeding as set forth in the Declaration of Notice section of the form. 2. A party may provide notice to the court and all other parties that they are requesting to appear remotely for the duration of the case by filing the Notice of Remote Appearance (RA-010), at least five court days prior to the next hearing. 3. Parties to a case may agree to waive notice of remote appearance through written stipulation filed with the court or through an oral stipulation made during a proceeding. G. Recording Pursuant to California Rules of Court, rule 1.150, any recording, reproduction or re-broadcasting of a court proceeding held remotely, including transcription, screenshots or other visual or audio copying of a hearing, is strictly prohibited unless approved by the judicial officer. (Effective September 15, 2022; Rule 7.2.2 renumbered effective January 1, 2006; adopted as Rule 71.2 effective January 1, 2004) (Rule 7.2 renumbered effective January 1, 2006; adopted as Rule 71 effective July 1, 1992) RULE 7.3 PRE-APPROVED MATTERS/PROBATE EXAMINERS A. All matters set for hearing are reviewed in advance by Probate Examiners. If the matter is submitted properly, if all procedural requirements have been satisfied, and if the matter does not require discretionary consideration by the assigned judicial officer, the matter may be pre-approved, and a court appearance will be optional. The Examiner Notes will state whether the matter has been recommended for approval. B. Pre-approved matters are called by the court at the time set for hearing. If there are no objections, and if the assigned judicial officer approves, the order will be signed at that time. If a person with standing raises an objection at the hearing, or if the assigned judicial officer does not approve the petition, a new hearing date will be set and a copy of the minute order will be e-mailed to the petitioner or attorney. C. For all non-confidential matters, the Probate Examiner Notes are available on the Court’s website, at www.fresno.courts.ca.gov/divisions/probate or upon request. D. If a matter is not pre-approved due to procedural irregularities or omissions, parties may file additional documents to cure the irregularities or omissions up to two (2) court days before the hearing. Additional documents received after that timeframe may not be considered by the court and may require a continuance. (Effective January 1, 2023; Rule 7.3 renumbered effective January 1, 2006; adopted as Rule 72 effective January 1, 2004) RULE 7.4 CONTINUANCES 7.4.1 Regularly Calendared Matters On the call of the calendar, matters not ready for hearing shall be continued by the court. The length of continuance shall be determined upon the facts and size of the calendar. A matter is considered not ready for hearing if notices, supplements, or other documentation curing all discrepancies or omissions, other than strictly court-determined matters, are not filed at least two (2) court days before the hearing. If the matter is not ready on the continued date, it may be ordered off calendar or may be denied without prejudice unless a request for continuance is granted by the court upon the personal appearance by counsel or the petitioner, if self-represented. (Effective July 1, 2023; Rule 7.4.1 renumbered effective January 1, 2006; adopted as Rule 73.1 effective January 1, 2004) 7.4.2 Objections The court may continue a matter so that written objections may be filed. When a matter has been continued to allow written objections, they shall be filed and served on all interested parties no later than five (5) days prior to the continued hearing date, unless otherwise ordered by the court. (Rule 7.4.2 renumbered effective January 1, 2006; adopted as Rule 73.2 effective January 1, 2004) 7.4.3 Limitations on Continuances Status hearings and hearings for 30-day review of ex-parte temporary guardianship or conservatorship orders may only be continued by the judge at the time of the hearing. For all other matters, the Probate Clerk’s Office may grant a maximum of two continuances on any particular matter on a request made by the petitioning party made no later than the close of business two days prior to the hearing. Any further continuances must be made in court, by the Judge, at the time set for hearing. (Effective January 1, 2017; Rule 7.4.3 renumbered effective January 1, 2006; adopted as Rule 73.3 effective January 1, 2004) 7.4.4 Notification of Parties A party obtaining a continuance is responsible for noticing all parties who have received notice of the hearing by close of business the day prior to the hearing. If there are unnecessary appearances made and notice was not given, the party requesting a continuance may be assessed and held responsible for costs of those persons appearing. (Effective January 1, 2017; Rule 7.4.4 renumbered effective January 1, 2006; adopted as Rule 73.4 effective January 1, 2004) 7.4.5 Resetting a Matter Taken Off Calendar If a petition has been taken off calendar, it may be re-set for hearing by filing a new Notice of Hearing form, entitled “RESET Notice of Hearing.” Reference shall be made to the original hearing date, and the new Notice shall be served in the same manner as that required for the original hearing. (Rule 7.4.5 renumbered effective January 1, 2006; adopted as Rule 73.5 effective January 1, 2004) (Rule 7.4 renumbered effective January 1, 2006; adopted as Rule 73 effective January 1, 2004) RULE 7.5 STATUS HEARINGS AND STATUS REPORTS A. If a trustee or a court appointed Personal Representative, Guardian, or Conservator fails to timely file a required account, report, or petition for distribution, the court will set the matter for Status Hearing. Appearance at the hearing is mandatory for parties and counsel. B. In all matters set for Status Hearing, (except as provided in the following paragraph) verified Status Reports must be filed no later than five (5) days before the hearing. Status Reports must comply with the applicable code requirements. A Proof of Service, together with a copy of the Status Report, shall be served on all parties who are legally entitled to notice of the underlying petition. Failure to comply with any part of this rule may result in the immediate imposition of sanctions. C. If the required account, report, or petition for distribution is filed at least five (5) days before the date set for the Status Hearing, no Status Report is required. The filing party shall notify the Probate Filing Clerk or Probate Examiner, in writing or via email that the necessary documents have been filed and the date of the hearing thereon. Upon such timely notification, the Status Hearing will be taken off calendar. (Effective July 1, 2024; Rule 7.5 renumbered effective January 1, 2006; adopted as Rule 74 effective January 1, 2004) RULE 7.6 ORDERS 7.6.1 Form of Orders A. All orders or decrees in probate matters must be complete in themselves. Orders shall set forth all matters ruled on by the court, the relief granted, and the names of persons, descriptions of property and/or amounts of money affected with the same particularity required of judgments in general civil matters. Monetary distributions must be stated in dollars, and not as a percentage of the estate. B. If the order contains riders or exhibits, the signature line provided for the judicial officer shall appear after all such exhibits, at the end of the complete document. C. All orders distributing property and orders settling accounts shall contain a statement as to the balance of the estate on hand, specifically noting the amount of cash included in the balance. D. Probate orders shall be drawn so that their general effect may be determined without reference to the petition on which they are based. E. In no case shall any material appear after the signature of the judge. F. Some portion of the contents of the order must appear on the page upon which the judge’s signature is affixed. (Effective January 1, 2015; Rule 7.6.1 renumbered effective January 1, 2006; adopted as Rule 75.1 effective January 1, 2004) 7.6.2 Pre-Approved Orders Orders on uncontested matters may be approved by the court at the time noticed for hearing. A conformed copy of the signed order will be available upon entry of the signed order by the Probate Clerk’s Office, and will be provided to the filing party or counsel electronically, or available upon request. (Effective July 1, 2024; Rule 7.6.2 renumbered effective January 1, 2006; adopted as Rule 75.2 effective January 1, 2004) 7.6.3 Orders Correcting Clerical Errors A. If, through inadvertence, the signed order is incorrect, and such inadvertence is brought to the attention of the court by written ex parte petition, the court will sign a new, correct order that relates back to the date of the original order (nunc pro tunc). B. If the nunc pro tunc order does not restate all of the terms of the original order, it shall be substantially in the following form: “Upon consideration of the petition of (name of declarant) to correct a clerical error, the (title and date of mistaken order) is corrected by striking the following: (incorrect sentence or paragraph) and by substituting the following: (correct sentence or paragraph.” C. A complete sentence or paragraph shall be stricken, even if it is intended to correct only one word or a single figure. Reference shall be made to page and line numbers of the order being corrected. (Rule 7.6.3 renumbered effective January 1, 2006; adopted as Rule 75.3 effective January 1, 2004) (Rule 7.6 renumbered effective January 1, 2006; adopted as Rule 75 effective January 1, 2004) RULE 7.7 EX PARTE PROCEEDINGS A. All ex parte petitions requesting that notice be dispensed with must be filed with the Court. The Court may grant or deny an ex parte request, or may set the matter for hearing and require notice to appropriate parties. If set for hearing the appropriate filing fees are due. B. No testimony is taken in connection with ex parte applications in the Probate Department, so the application must contain facts sufficient to justify the relief requested. The facts stated in each declaration shall be set forth with particularity. Each declaration shall show affirmatively that the declarant can testify competently to the facts stated therein. The declarant may be any person who has knowledge of the facts. The application and declarations must be verified. C. All ex parte applications and stipulations, shall be accompanied by a separate order complete in itself. It is not sufficient for such an order to state that the application has been granted. D. Requests to dispense with accountings will not be considered ex parte. E. Petitions for Final Distribution on Waiver of Account or Accountings on Waiver of Notice may not be submitted ex-parte, but shall be placed on the court’s regular calendar. (Effective January 1, 2017; Rule 7.7 renumbered effective January 1, 2006; adopted as Rule 76 effective January 1, 2004) RULE 7.8 BLOCKED ACCOUNTS 7.8.1 General Provisions A. Notice and Hearing. A petition seeking to deposit funds or securities into a blocked account in a financial institution or trust company may be granted by the court ex parte. B. Title to Account. The order as well as the title to the blocked account shall show the name of the minor, conservatee, or estate and shall state that the account is “blocked” and that no withdrawals of principal or interest shall be made without the prior written order of the court. C. Account Requirements. All cash deposits into blocked accounts shall be into federally insured, interest bearing accounts. D. Maximum in Blocked Accounts. In no event shall assets exceeding the maximum insured amount be held in any one federally insured depository. If it becomes necessary to transfer funds to an additional federally insured depository to comply with this rule, a request to transfer such funds may be submitted to the court on ex parte application, and the transfer shall be by an interbank or other direct transfer transaction unless otherwise approved or ordered by the court. E. Separate Petitions and Blocked Accounts for Each Minor or Person. A separate petition shall be filed for each minor or person whose funds are to be deposited into a blocked account. A separate blocked account shall be established for the funds of each minor or person. F. Withdrawals. Withdrawals from a blocked account may be requested by ex parte application using the appropriate Judicial Council form. In all cases, sufficient documentation to support the requested withdrawal must be submitted with the application, including copies of bills, statements, or letters related to the request. G. Notice. The court in its discretion may require a noticed hearing, even if the request to withdraw funds is submitted ex parte. H. Direct Payment. If the withdrawal is granted, the order shall provide that payment will be made directly to the vendor or service provider and not to the applicant, unless the withdrawal is for reimbursement of an expense already paid by the applicant. I. Court Policy. Absent a showing of good cause, it is the policy of the court to block all funds in Guardianship Estates. (Effective January 1, 2017; Rule 7.8.1 renumbered effective January 1, 2006; adopted as Rule 77.1 effective January 1, 2004) 7.8.2 Accounting Requirements for Blocked Accounts A. If a guardianship of the estate is established and the court orders that all assets are to be deposited into a blocked account, the guardian shall file an inventory and appraisal within ninety (90) days of appointment and thereafter file a first account one (1) year after date of appointment. The petition on the first account may include a request that the court dispense with further accountings until the guardianship is terminated. B. If the guardian of the estate requests authority to deposit the minor’s funds into a blocked brokerage account, mutual fund or similar investment account to allow greater flexibility in investments, the court will not dispense with accountings but will continue to require annual and biennial accountings even though all assets are blocked. If accountings are not dispensed with, the Court will set a status hearing for the filing of the next accounting. (Effective January 1, 2017; Rule 7.8.2 renumbered effective January 1, 2006; adopted as Rule 77.2 effective January 1, 2004) 7.8.3 Withdrawals from Minor’s Blocked Account During Minority A. With the exception of withdrawals to pay taxes on a minor’s funds, requests to withdraw funds will ordinarily be denied if either or both parents are living and financially able to pay the requested expenditure. An application to withdraw funds to pay income taxes on the minor’s funds shall include a breakdown of state and federal taxes due and any costs of preparation. An application to withdraw funds for purposes other than payment of taxes shall be accompanied by a financial declaration by the parent or parents describing their income and expenses and, if applicable, other circumstances justifying the use of the minor’s assets. A statement regarding the minor’s employment and income, if any, shall also be attached. If the request is for multiple items, each item must be listed separately, with its cost. B. If a withdrawal is requested for the purchase of a car, a copy of the proposed purchase/sale agreement shall be attached to the application showing the type of car, year, purchase price, and whether payment will be made in full or in specified installments. A binding agreement shall not be entered into before obtaining a court order. A casualty and liability insurance quote shall be attached to the application showing public liability coverage at (i) current state minimum limits or greater limits if ordered by the court, or (ii) per person and per accident for automobile insurance or policy limits equal to the funds which will remain on deposit after the purchase, whichever is greater. The application shall contain an explanation of who will pay for the insurance. A copy of the minor’s current report card; a statement as to who will pay for the automobile’s maintenance; and a statement of the current availability of public and alternate transportation shall also be submitted. C. If the request for withdrawal pertains to medical or dental care, including orthodontia, a statement from the doctor, dentist or orthodontist regarding the need for the treatment to be performed and the cost of the treatment shall be submitted, together with a declaration by the applicant explaining why the expense is not covered by insurance. D. Requests to pay for educational or recreational programs must describe the program and include a statement as to the necessity or appropriateness of the program for the minor. (Effective January 1, 2017; Rule 7.8.3 renumbered effective January 1, 2006; adopted as Rule 77.3 effective January 1, 2004) (Rule 7.8 renumbered effective January 1, 2006; adopted as Rule 77 effective January 1, 2004) RULE 7.9 PUBLICATION A. If the decedent resided or a non-resident decedent, owned property within the city limits of the following cities, publication may be made as follows: If the residence or property owned was in: Publish in Clovis or Fresno Fresno Bee, or Fresno Business Journal Kerman Kerman News Kingsburg Kingsburg Recorder Mendota Firebaugh Mendota Journal, or Mendota Times Prather Mountain Press Reedley Mid Valley Times Sanger Mid Valley Times San Joaquin Westside Advance Selma Selma Enterprise B. If the decedent lived outside the city limits of the cities listed above, or anywhere else within the County of Fresno, publication shall be in the Fresno Bee or the Fresno Business Journal. This includes but is not limited to the following areas: Auberry, Big Creek, Biola, Cantua Creek, Caruthers, Centerville, Coalinga, Del Rey, Dunlap, Firebaugh, Five Points, Fowler, Friant, Huron, Kings Canyon, Laton, Miramonte, Orange Cove, Parlier, Piedra, Pinedale, Raisin City, Riverdale, Shaver Lake, Yokuts Valley, Tollhouse, or Tranquility. (Effective January 1, 2026; Rule 7.9 renumbered effective January 1, 2006; adopted as Rule 78 effective January 1, 2004) RULE 7.10 LETTERS FOR MULTIPLE REPRESENTATIVES When more than one person is appointed as guardian, conservator, or personal representative, the names and signatures of all appointed persons shall appear on each copy of the Letters to be issued by the Clerk. (Rule 7.10 renumbered effective January 1, 2006; adopted as Rule 79 effective January 1, 2004) 7.10.1 Duties and Liabilities The birth date and driver’s license number, if any, of a personal representative (other than public entities or trust companies) shall be provided in the receipt of acknowledgement of duties and liabilities as required by Probate Code section 8404. This information shall be kept confidential and shall not be made available for public inspection without a court order. (Effective January 1, 2006, New) (Rule 7.10 renumbered effective January 1, 2006; adopted as Rule 79 effective January 1, 2004) RULE 7.11 INVENTORY AND APPRAISAL 7.11.1 Definitions A "Final" Inventory and Appraisal may be submitted as a complete inventory of all estate assets, or may be filed after the filing of a partial inventory. A "Partial” Inventory describes only a portion of the known estate assets, and should be identified as “Partial #1,” #2, etc. A "Supplemental" Inventory contains assets discovered or received after a Final Inventory and Appraisal has been filed. A "Corrected" Inventory supersedes and completely restates an original inventory (final, partial or supplemental) and should show the total inventory amount as amended. (Rule 7.11.1 renumbered effective January 1, 2006; adopted as Rule 80.1 effective January 1, 2004) 7.11.2 Inventory Description of Real Property The Inventory and Appraisal shall describe real property by legal description, street address (if any), whether improved or unimproved, and any assessor's parcel number. The Inventory must identify the estate’s interest in the property by percentage of ownership, and how title was held (i.e., joint tenancy, community property, sole and separate property, etc.) (Rule 7.11.2 renumbered effective January 1, 2006; adopted as Rule 80.2 effective January 1, 2004) (Rule 7.11 renumbered effective January 1, 2006; adopted as Rule 80 effective January 1, 2004) RULE 7.12 PETITIONS FOR DISTRIBUTION 7.12.1 Listing of Property to be Distributed A petition for distribution must list and describe in detail all property to be distributed. The description shall include cash on hand. Promissory notes must be described as secured or unsecured. If secured, the security interest must be described. The legal description and APN of all real property must be included. Description in the petition of any asset by reference to the inventory is not acceptable. (Rule 7.12.1 renumbered effective January 1, 2006; adopted as Rule 81.1 effective January 1, 2004) 7.12.2 Characterization of Property to be Distributed A petition for distribution must describe the character of the property, whether separate or community. If some portion of the estate consists of community property, the petition must show whether the interest to be distributed is the decedent's one-half (1/2) interest in the community property or the community property of both spouses. (Rule 7.12.2 renumbered effective January 1, 2006; adopted as Rule 81.2 effective January 1, 2004) 7.12.3 Distribution of Personal Effects A. The Court will not order distribution of tangible or intangible personal property, assets in undivided interests without written consent of all distibutees, or factual allegations showing good cause. B. Parties requesting distribution of personal property in undivided interests to a minor must first submit a detailed declaration documenting the need therefor and why it would be in the minor’s best interest. (Effective July 1, 2024; Rule 7.12.3 renumbered effective January 1, 2006; adopted as Rule 81.3 effective January 1, 2004) 7.12.4 Distribution of Real Property A. The court will not order distribution of real property in undivided interests without factual allegations showing good cause or the written consent of all distributees. B. Parties requesting distribution of real property in undivided interests to a minor must first submit a detailed declaration documenting the need therefor and why it would be in the minor’s best interest. (Effective January 1, 2017; adopted as Rule 7.12.4 effective January 1, 2008) 7.12.5 Distribution to Inter Vivos Trusts If property in the estate is to be distributed to a pre-existing trust, the current trustee must file a declaration setting forth the name of the trust, its establishment date, that a taxpayer identification number has been obtained, verifying that the trust is in full force and effect, and that the trustee has an executed copy of the trust in possession. (Effective January 1, 2017, Rule 7.12.4 effective January 1, 2006; adopted as Rule 81.4 effective January 1, 2004) 7.12.6 Retention of Closing Reserve A. Petitions for final distribution that request the retention of funds from distribution (a closing reserve) in excess of $5,000.00 shall be subject to an informal accounting to be filed with the Court within six (6) months of the date of the order for final distribution. The informal accounting shall be filed with the Court ten (10) days prior to the six-month status hearing which the Court shall set at the time the order for final distribution is made. If the informal accounting is timely filed and meets with the Court’s satisfaction, the status hearing for the informal accounting may come off calendar and no appearance at the hearing will be required. B. Where the closing reserve is in excess of $5,000.00 an order for final distribution of an estate shall specifically set forth the use that may be made of the funds retained for closing reserve. The informal accounting of funds retained for closing reserve shall specify the date of payments and all uses of the retained funds (i.e., income taxes, final closing costs, property tax assessments). The Court in its discretion may require a noticed hearing on the accounting and/or a more formal accounting of the funds retained for closing reserve. C. Where the closing reserve is in excess of $5,000.00 the application for final discharge of the personal representative must include the disposition of all funds retained for closing reserve and receipts from beneficiaries shall be filed for any distributions of the retained funds to beneficiaries. D. No closing reserve funds shall be used for attorney fees or personal representative compensation. (Effective January 1, 2017; adopted as Rule 7.12.6 effective July 1, 2015) (Rule 7.12 renumbered effective January 1, 2006; adopted as Rule 81 effective January 1, 2004) RULE 7.13 WAIVER OF ACCOUNTING IN PROBATE ESTATES A petition requesting distribution on a waiver of accounting shall include the current status of all inventoried items. The petition must include a list of the property on hand for distribution as it exists at the time of the petition and not merely as shown on the inventory and appraisal, unless there has been no change. (Rule 7.13 renumbered effective January 1, 2006; adopted as Rule 82 effective January 1, 2004) RULE 7.14 DISCLAIMERS AND ASSIGNMENTS IN PROBATE ESTATES A copy of a disclaimer must be on file prior to the hearing on a petition for distribution of an affected asset. An assignment of a beneficiary’s interest in a probate estate shall be filed prior to the hearing on a petition for distribution of the beneficiary's interest. (Rule 7.14 renumbered effective January 1, 2006; adopted as Rule 83 effective January 1, 2004)