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Article VIII (Probate, Guardianship, & Conservatorship; Rules 8.1 to 8.8): contacts for the Probate Investigator (Rule 8.1) and for the Probate Referee (Rule 8.2); minors' compromises heard on the Probate Calendar with the minor, the parent or guardian and counsel present, attorney fees above 25% of the net proceeds requiring a strong showing of reasonableness (Rule 8.3); guardianship funds not used for a minor's maintenance while a parent lives, absent the parent's inability (Rule 8.4); withdrawals from blocked accounts with Form MC-357 (Rule 8.5); public guardian fees under Standing Order No. 18-035, incorporated by reference (Rule 8.6); the protocol for the probate court, Child Protective Services and the family court when child abuse or neglect surfaces in a guardianship (Rule 8.7); and mediation in guardianship cases (Rule 8.8).
California > Fourth Appellate District > Inyo County > Superior Court of California, County of Inyo
ARTICLE VIII PROBATE, GUARDIANSHIP, & CONSERVATORSHIP RULE 8.1 PROBATE INVESTIGATOR Contact information for the Court's Probate Investigator can be obtained by contacting the Court's Executive Office at the Courthouse in Bishop, CA (301 W. Line Street, Bishop, CA 93514), or calling (760) 872-6728. (Adopted, Effective 1-1-02; Amended, effective January 1, 2024) RULE 8.2 PROBATE REFEREE Information pertaining to the appointment of a Probate Referee can be obtained by contacting the Court's Probate Clerk at the Courthouse in Bishop, CA (301 W. Line Street, Bishop, CA 93514), or calling (760) 872-6728. (Adopted, Effective January 1, 2002; Amended, effective July 1, 2024) RULE 8.3 SETTLEMENT OF MINOR'S CLAIM The following procedure shall be followed in the settlement of the claim of a minor whether by way of compromise, covenant not to sue, or stipulated judgment ("minor's compromise"). A petition for court approval of a compromise, or of a covenant not to sue or enforce judgement on, a minor’s disputed claim, or for compromise or settlement of a pending actionor proceeding to which a minor is a party, must be filed consistent with requirements fof the California Rules of Court (Rule 7.950, or Rule 7.950.5) (a) Requests for approval of minor's compromise shall be heard on the Probate Calendar. (b) The presence of the minor, the parent or guardian of the minor and counsel shall be required unless excused by the Court. (c) As prescribed by Probate Code § 3601, the Court shall award "reasonable attorney's fees." In making such an award, the Court shall consider the factors specified in California case law (See Niederer v. Ferriera (1987) 189 CA3d 1485; Witkin's California Procedure Volume 1, page 286, § 226). As a general guideline, claims for attorney's fees that exceed 25% of the net proceeds of the minor's compromise must be supported by a strong showing of reasonableness. (d) The Court shall award reasonable attorneys fees on a case by case basis, considering the factors listed in the California Rules of Court, Rule 7.955 (Adopted, Effective January 1, 2002; Amended, effective July 1, 2024) RULE 8.4 GUARDIANSHIP FUNDS As parents are required by statute to support their children, the Court will not permit guardianship funds to be used for the minor's maintenance where one or both parents are living except upon a showing of the parent's financial inability or other circumstances which would justify the Court in departing from this rule in the best interests of the minor. In all cases where guardianship funds are to be used for the ordinary expenses of supporting a minor, and where there is a parent living who has the obligation to support of the minor, the guardian must obtain Court approval prior to the expenditure of funds. A petition for authority to expend funds for support shall be accompanied by a detailed explanation (including financial statements, if necessary) of the parent's inability to support the child. (Adopted, effective January 1, 2002) RULE 8.5 REQUEST FOR WITHDRAWAL OF FUNDS IN BLOCKED ACCOUNT (a) All requests or petitions for withdrawal of minor's funds deposited in a blocked account shall be made to the Court. Requests for withdrawal may be presented ex parte and shall be in completed form. Form MC-357 Petition to Withdraw Funds From Blocked Account shall be presented with the petition verifying the amount of each item of the proposed expenditure. Per California Rules of Court, Rule 7.954(b) a petition for the withdrawal of funds may be considered ex parte or set for hearing at the discretion of the court. (b) If the funds requested are for the support and maintenance of the minor and the petitioner is a parent, the parent shall file a declaration showing the parent's financial inability or other circumstances justifying the withdrawal. See Rule 8.4. (c) No subsequent order for withdrawal will be signed by the Court until the trustee or guardian has complied with the directs of the Court contained in prior withdrawal orders. This means that all supporting vouchers and required certifications and declarations shall be on file with the Clerk. (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 8.6 PUBLIC GUARDIAN FEES This Court's Standing Order No. 18-035 "Establishing Public Guardian Fees," is incorporated herein by reference as though set forth fully and at length. (See also Rule 2.6 infra) (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 8.7 PROTOCOL FOR PROBATE COURT, CHILD PROTECTIVE SERVICES, AND FAMILY COURT WHEN ISSUES OF CHILD ABUSE OR NEGLECT SURFACE IN PROBATE COURT GUARDIANSHIP PROCEEDINGS Section 1513(b) of the Probate Code requires that if the Probate Guardianship investigator finds that any party to the proposed guardianship alleges the child is a person described by Section 300 of the Welfare and Institutions Code, the case may be referred to the Inyo County Health & Human Services, Child Protective Services (CPS) to investigate potential dependencies. Guardianships shall not be completed until the investigation required by Sections 328 and 329 of the W & I Code is completed and a report is provided to the Court in which the guardianship proceeding is pending. This investigation and report by CPS on cases referred by the Probate Court shall be completed whether or not a Temporary Guardianship has been ordered. CPS shall coordinate with the Probate Investigator to obtain all case related information regarding any investigation related to the proposed or Temporary Guardianship, including the suitability of the temporary guardians. (a) General Referral to the Child Abuse Hotline In the event the Probate Court Guardianship Investigator or Probate Court Judge determines that the child appears to fall within Section 300 but neither parent in the case objects to the guardianship nor asks to have any of the children returned to his or her custody, and that placement in the home of the temporary guardians would not cause any of the children to meet any of the descriptions contained in section 300 of the Welfare and Institutions Code (W&I) which may cause them to be judged dependent children of the court, the 1513(b) requirement shall be fulfilled by having the Probate Guardianship Investigator make a mandatory suspected child abuse/neglect report as required by Penal Code Sections 11164—11174.3. CPS shall report the results of any investigation required by Sections 328 and 329 of the W & I Code to the Probate Guardianship Investigator within 21 calendar days of referral. It is recognized that the investigation and report may be abbreviated in nature. (b) File an Affidavit Pursuant to WIC Sections 329, 331 In the event the Probate Court Guardianship Investigator or Probate Court Judge determines that the child appears to fall within Section 300 and one or both parents in the case objects to the guardianship or asks to have any of the children returned to his or her custody OR that placement in the home of the temporary guardians may cause any of the children to meet any of the descriptions contained in section 300 W&I, then: (1) The Probate Court Guardianship Investigator or Probate Court Judge shall (a) call CPS to report the specific allegations and status of the guardianship petition; and (b) refer the matter to CPS using a Welfare and Institutions Code section 329 Application to Commence Juvenile Court Proceedings for the investigation required by Probate Code section 1513(b). CPS and the Probate Guardianship Investigator shall confer and exchange information for the purpose of determining the most appropriate course of action. (2) The CPS investigation shall, in the event it is determined it is not appropriate to file a 300 W&I petition, provide a report to the Probate Court Guardianship investigator which shall include, but not be limited to, the following information: a) a summary of the investigatory action; b) an explanation of why the filing of a dependency petition is neither necessary or appropriate; c) a recommendation regarding whether or not guardianship is warranted and the reasons accounting for the recommendation; d) any other information resulting from the investigation which may be helpful to the Probate Court in assessing the appropriateness of the proposed or temporary guardians and the needs of the children and family. The investigation and report shall be completed and submitted to the Probate Court and Probate Investigator within three weeks of the date of referral by the Probate Court. (3) In the event CPS files a 300 W&I petition in the case, CPS shall immediately notify the Probate Investigator who shall immediately notify the Probate Court Judge, and further investigatory action by the Probate Investigator as well as further Probate Court action with regard to guardianship shall be temporarily suspended. CPS shall immediately notify by phone and in writing the Probate Investigator of the results of the Juvenile Court proceedings including, but not limited to: a) the sustaining or dismissal of the 300 W& I petition; b) Juvenile Dependency Court exit orders. In the event the 300 W&I petition is sustained, all Probate Court and Probate Investigatory action shall be suspended for the duration of dependency status. In the event the W&I petition is dismissed , CPS shall immediately notify the Probate Investigator by phone and in writing, and shall forward a copy of any existing Court reports, and if no Court report exists, a case summary and exit status of the children. In the event Dependency is established and later dismissed, CPS shall forward a copy of the Juvenile Dependency Court exit orders to the Probate Investigator. (c) Make Child Abuse Referral With Finding of Immediate Danger If the judge believes that the child’s situation is grave enough to warrant an immediate response by CPS,a protective custody warrant may be issued if the judge finds probable cause to support all of the following: 1) The child is a person described in Section 300. 2) There is a substantial danger to the safety or to the physical or emotional health of the child. 3) There are no reasonable means to protect the child’s safety or physical health without removal. See WIC §§ 305, 340. CPS will provide an immediate response to any referral that contains this legal finding. In the alternative, CPS will immediately notify Probate Court staff that no emergency response social worker is available to respond. The Probate Court can then decide whether to order the child into protective custody as described in 1-d below. The court should set a further hearing in 18 days for the Probate Investigator to report on the results of the CPS investigation. (d) Order Law Enforcement to Place Child Into Protective Custody The judge can exercise the court’s inherent authority to order law enforcement to place a child into protective custody and deliver the child to the county child welfare agency for investigation. The court should only do so upon making a finding, based upon evidence presented to the court, that there is reason to believe that the child is a person described by WIC § 300 AND either (a) the minor has an immediate need for medical care, or (b) the minor is in immediate danger of physical or sexual abuse, or (c) the child’s physical environment or the fact that the child is left unattended poses an immediate threat to the child's health or safety. (WIC §§ 305, 340) (e) See also Rule 9.3 herein below. (Adopted, effective July 1, 2010; Amended July 1, 2024) RULE 8.8 MEDIATION IN GUARDIANSHIP CASES In any case involving the guardianship of the person of a minor child, the Court may require the parties to participate in mediation as the court deems appropriate, including, but not limited to, the parties compliance with the provisions of Rule 7.4 herein above. (Adopted, effective July 1, 2010)
ARTICLE VIII PROBATE, GUARDIANSHIP, & CONSERVATORSHIP RULE 8.1 PROBATE INVESTIGATOR Contact information for the Court's Probate Investigator can be obtained by contacting the Court's Executive Office at the Courthouse in Bishop, CA (301 W. Line Street, Bishop, CA 93514), or calling (760) 872-6728. (Adopted, Effective 1-1-02; Amended, effective January 1, 2024) RULE 8.2 PROBATE REFEREE Information
Reviewer note: Composed 2026-10-07 (California T4 Inyo build 2026-10-07) from BenchPath custody ca/t4/ca-inyo/docs/local-rules/inyo-local-rules-court-7-1-2025-final.pdf (2192390 bytes, sha256 a6aa75be2cec1e4f127ddf327214b9c900e83376971d9542c1aaafb652cc7684; 68 pages) with the shared verbatim composer (v2 reflow). The rules (pages 6 to 56) were composed once and cut at each article heading (the book's two title lines and the twelve articles rejoin to the whole): the running header (Local Rules of Court - Inyo County Superior Court (Rev. 7-1-2025)-) and the page numbers removed as chrome; one word struck through in two places (Rule 9.4) taken out as deleted text (the composer's strike_out; custody review/strike-report-2026-10-07.txt); the cover, the table of contents and list of currently effective rules, and Appendix I (the alternative dispute resolution forms) belong to no article card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only, read on the page; the proofs hold): Rule 8.7's history note set as one paragraph; the words “Probate Court” / “Guardianship investigator” of Rule 8.7 (b)(2), one sentence, joined. Review note: Published as printed (each read on the page): Rule 8.3 “a pending actionor proceeding” and “requirements fof the California Rules of Court”; Rule 8.6 “(See also Rule 2.6 infra)”, though Rule 2.6 precedes it; Rule 8.7 (c) “by CPS,a protective custody warrant”. Rule 8.6 incorporates Standing Order No. 18-035 (Establishing Public Guardian Fees), which the court's website does not post; a review task asks for it.
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.