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Chapter VIII, Rules 8.10 to 8.19: guardianships - the notice required by Probate Code section 1511, temporary guardians, guardianship questionnaires, investigations and investigation fees, CLETS reports, notice of a change of address within thirty (30) days, assessments, resignation and the guardian's duties (8.10 to 8.10.8); conservatorships - the citation, appointment and investigation, appointed attorneys, notice of a change of address within thirty (30) days, assessments and resignation (8.11 to 8.11.5); law and motion and discovery in probate (8.12 to 8.12.1); withdrawal of attorneys of record by motion (8.13); consolidation with the lowest number (8.14); petitions under Estate of Heggstad (8.15); trustee compensation (8.16); a copy of the trust instrument filed or the original lodged (8.17); the witness fee for a Family Court Services investigator under Government Code section 68097.2 paid before serving the subpoena (8.18); and attorney fees for the trust (8.19).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Rule 8.10 Guardianships (Effective 7/1/03, rev. and renum. 7/1/18; rev. 1/1/19; rev. 1/1/20; rev. 1/1/22; rev. 7/1/23; rev. 7/1/24; rev. 1/1/25; rev. 7/1/25) Rule 8.10.1 Appointment of General Guardians (Effective 7/1/03; renum. 7/1/18; rev. 1/1/19; rev. 7/1/25; rev. 1/1/26) (a) Upon filing the Petition for Appointment of a (general) Guardian, the petitioner shall submit to the Probate Department a proposed order prescribing the notice to be given as required by Probate Code section 1511. At least 15 days’ notice by personal service must be given to the parents, if not petitioning; to the minor, if 12 years or older; and to the person(s) having custody, if not the parents. 15 days’ notice by mail must be given to all relatives within the second degree. If petitioner is not a relative within the second degree, the court may require additional notice to all relatives within the degree to which the petitioner is related to the minor. (b) Any Petition for Appointment of a Guardian may be dropped from the calendar if petitioner fails to appear for the hearing; any such petition not ready for hearing at the time of hearing may be set for an Order to Show Cause regarding dismissal of the petition. (Effective 7/1/25) (c) A proposed Order Appointing Guardian or Extending Guardianship of the Person, Judicial Council Form GC-240, as well as [proposed] Letters of Guardianship, Judicial Council Form GC-250, must be lodged with the Petition. Attachment 15 to Order Appointing Guardian (local mandatory form KRN SUP CRT PR-2566), must be attached to the proposed Order Appointing Guardian or Extending Guardianship of the Person. (Effective 7/1/25; rev. 1/1/26) Rule 8.10.2 Appointment of Temporary Guardians (Effective 7/1/18; rev. 1/1/19; rev. 7/1/24; rev. 7/1/25; rev. 1/1/26) (a) The Petition for Appointment of Temporary Guardian must be filed concurrently with or after the filing of a Petition for Appointment of Guardian. The petition must state facts establishing the urgency requiring the appointment of a temporary guardian. (Effective 1/1/19; rev. 7/1/24) (b) Unless otherwise ordered by the court, a Petition for Appointment of Temporary Guardian shall be set for hearing within 30 days of the date of filing. (Effective 7/1/24) (c) If an ex parte hearing is sought, the Petition for Appointment of Temporary Guardian must be filed concurrently with an Ex Parte Application. Facts showing irreparable harm or immediate danger are required for ex parte relief. See local rule 8.4.4 for Ex Parte Application requirements. (Effective 7/1/24) (d) Any Petition for Appointment of Temporary Guardian may be dropped from the calendar if petitioner fails to appear for the hearing; any such petition not ready for hearing at the time of hearing may be set for an Order to Show Cause regarding dismissal of the petition. (Effective 7/1/25) (e) A copy of the [proposed] Order Appointing Temporary Guardian, Judicial Council form GC- 140, as well as [proposed] Letters of Temporary Guardianship, Judicial Council Form No. GC- 150, must be lodged with the petition. Attachment 8 to An Order Appointing Temporary Guardian (local mandatory form KRN SUP CRT PR-2567), must be attached to the proposed Order Appointing Temporary Guardian. (Effective 7/1/25; rev. 1/1/26) Rule 8.10.3 Guardianship Questionnaires and Investigations (Effective 1/1/20; rev. 1/1/22; rev. 1/1/25) (a) Investigation Fees (Effective 1/1/25) 1. Guardianship Petitions: A fee of $600 is required for investigations conducted by court investigators at the time of filing. 2. Termination Petitions: A fee of $600 is required for investigations conducted by court investigators at the time of filing. 3. Court-Ordered Investigations: For any court-ordered investigations in existing matters, a fee of $600 must be paid. 4. Fee Basis: These fees are established under Probate Code section 1513.1. 5. Financial Hardship: Parties experiencing financial hardship may be eligible for a fee waiver. 6. Refunds: If an investigation is waived or expedited, parties may apply for a refund of the investigation fee. (b) A Guardianship Questionnaire (Form KRN SUP CRT PB-8524) shall be completed, signed under penalty of perjury, and submitted with all petitions for probate guardianship. Each proposed guardian shall complete, sign, and file a separate Guardianship Questionnaire, even if they are married and/or living in the same household. The form contains a Release of Information, which must be signed to enable court investigators to access the information required under Probate Code section 1513. (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) (c) All other adults who live in the proposed guardian’s home must complete and sign the background information page of the Guardianship Questionnaire (Form KRN SUP CRT PB- 8524). This page must be completed under penalty of perjury and include the individual’s consent to a background check to enable court investigators to access the information required under Probate Code section 1513. In cases with multiple proposed guardians, only one background information page is required for each other adult. (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) (d) A Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) shall be completed, signed under penalty of perjury, and submitted with: (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) 1. All petitions to terminate probate guardianship; and 2. All objections to probate guardianship. Each person opposing the probate guardianship shall complete a separate Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) even if they are married and/or living in the same household. The questionnaire contains a Release of Information, which must be signed to enable court investigators to access the information required under Probate Code section 1513. (e) All other adults who live in the home of the person opposing the probate guardianship must complete and sign the background information page of the Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525). This page must be completed under penalty of perjury and include the individual’s consent to a background check to enable court investigators to access the information required under Probate Code section 1513. In cases with multiple parties opposing the guardianship, only one background information page is required for each other adult. (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) (f) Although pertinent information provided on the Guardianship Questionnaire (Form KRN SUP CRT PB-8524) and the Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) may be shared with other parties during the investigation, the forms themselves contain personal identifiers and are confidential. The forms will not become part of the public record. The forms shall not be released to any party or their attorney without a court order. Family Court Services must maintain these forms in a manner that will protect and preserve their confidentiality. (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) (g) Each proposed guardian must cooperate with the Family Court Services investigator in the preparation of an investigation report and must use all reasonable efforts to provide requested information in a timely fashion. The investigation may require an interview of the proposed ward, who must be made available for that purpose. (Effective 1/1/22; renum. 1/1/25) (h) Nothing in this rule shall prevent an investigator from reporting to the court the existence of another case involving the children at issue or their parents, stepparents, legal guardians, or proposed guardians, for the purposes of coordinating court hearings and delivery of services. (Effective 1/1/22; renum. 1/1/25) (i) The involvement of a minor in any other past or current court proceeding must be reported to the court and/or the investigator. The case name, the court, and the case number must be provided. (Effective 1/1/22; renum. 1/1/25) (j) Nothing in this rule restricts an investigator from reporting suspected abuse or neglect of protected persons and the fact that such a report was made. However, the identity of the reporting party shall not be reported or disclosed. (Effective 1/1/22; renum. 1/1/25) (k) Nothing in this rule restricts an investigator from reporting or serving as a witness when a crime has been committed or is alleged to have been committed. (Effective 1/1/22; renum. 1/1/25) (l) A proposed guardian’s history of allegations of abuse or neglect reported by official agencies and any criminal history shall be submitted to the court in a confidential supplemental report and will be released to the parties and/or counsel only if ordered by the court. (Effective 1/1/22; renum. 1/1/25) Rule 8.10.4 Confidential Information from the California Law Enforcement Telecommunications System (Effective 1/1/20; rev. 7/1/23) (a) Confidential information from the California Law Enforcement Telecommunications System (CLETS) is obtained by the Court in the form of a CLETS report. The CLETS report shall be used by Family Court Services to complete the investigation pursuant to Probate Code section 1513, and an individual’s CLETS results will be included in the investigative report. However, the CLETS report itself is available only to the person who is the subject of the report, or his/her attorney, upon request to the Manager of Family Court Services. (b) Should a proposed guardian believe that their criminal history is incorrectly reported, or is unclear, they shall have the option of submitting to another criminal history check by completing the California Department of Justice’s Form BCIA 8016 and having fingerprints taken at a Public Applicant Live Scan Site, as certified by the State Department of Justice for an FBI Level of Service. Fees charged by Public Applicant Live Scan Site providers vary and are the responsibility of the proposed guardian. The results of the criminal history check shall be sent directly to the Kern County Superior Court and will be used by the court investigator for the completion of the required reports for the Court. (Effective 7/1/23) Rule 8.10.5 Notice of Change of Address (Effective 7/1/18; rev. 1/1/19; renum. 1/1/20) All parties and their attorneys shall inform the Court of any change of their address, or the address of their wards within thirty (30) days. Failure to comply may result in suspension or removal of a guardian. Rule 8.10.6 Assessments (Effective 7/1/18; renum. 1/1/20) The Court will order the payment of the total assessments levied for the Family Court Services (FCS) or Department of Human Services (DHS) investigators in any guardianship matter where there are sufficient funds available. Rule 8.10.7 Resignation of Guardian (Effective 7/1/18; renum. 1/1/20) (a) A Petition for Resignation may not be combined with a Petition for Appointment of a successor guardian. Separate petitions must be filed. (b) The guardian may resign at any time; however, the resignation is not effective until the Appointment of a Successor Guardian (termination or removal do not require resignation). Rule 8.10.8 Duties of Guardian – Liability of Parents to Support Child; Educational Purposes. Probate Code sections 2420-2422 (Effective 7/1/03; renum. 7/1/18; rev. 1/1/19; renum. 1/1/20) Parents are legally required to support their children. The Court will not permit guardianship funds to be used for the minor’s maintenance, support, or education where one or both parents are living, except upon a showing of the parent’s financial inability or other circumstances which would justify departing from this rule in the best interests of the minor. Rule 8.11 Conservatorships (Effective 7/1/03; renum. 7/1/18; rev. 1/1/22) Rule 8.11.1 Appointment of Conservator and Investigation (Effective 7/1/03; rev. and renum. 7/1/18; rev. 1/1/22; rev. 7/1/23; rev. 1/1/25) (a) The clerk will issue the initial citation. If the citee has not been served with the citation or such service is defective, a new citation must issue. If the matter is continued because the citation has not been served or service is defective, the court will order a new citation to issue and fix a new hearing date. (Effective 7/1/03; renum. 1/1/22) (b) Investigation Fees (Effective 1/1/25) 1. Temporary Conservatorship Petitions: A fee of $300 is required for the investigation at the time of filing. 2. Conservatorship Petitions: A fee of $600 is required for the investigation at the time of filing. 3. Termination of Conservatorship Petitions: A fee of $600 is required for the investigation at the time of filing. 4. Court-Ordered Investigations: A fee of $600 is required for investigations ordered by the court on existing matters. 5. Biennial Review of Conservatorship: A fee of $300 is due after the investigation report is submitted to the court. 6. Fee Basis: These fees are established under Probate Code section 1851.5. 7. Financial Hardship: Parties facing financial hardship may qualify for a fee waiver. 8. Refunds: If an investigation is waived or expedited, parties may apply for a refund of the investigation fee. (c) All proposed conservators filing initial petitions, except the Public Guardian and previously qualified private professional conservators, must provide the required information in order for a CLETS record check to be performed on the proposed conservator and other adults in the household. (Effective 1/1/22; renum. 1/1/25) (d) Should a proposed conservator believe that their criminal history is incorrectly reported, or is unclear, they shall have the option of obtaining another criminal history check by completing the California Department of Justice’s Form BCIA 8016 and having fingerprints taken at a Public Applicant Live Scan Site, as certified by the State Department of Justice for an FBI Level of Service. Fees charged by Public Applicant Live Scan Site providers vary and are the responsibility of the proposed conservator. The results of the criminal history check shall be sent directly to the Kern County Superior Court and will be used by the court investigator for the completion of the required reports for the Court. (Effective 7/1/23; renum. 1/1/25) (e) Proposed conservator(s) must cooperate with the Family Court Services investigator in the course of the investigation and must use all reasonable efforts to provide information in a timely fashion. The investigation shall require an interview of the proposed conservatee, who must be made available for that purpose. (Effective 1/1/22; renum. 7/1/23; renum. 1/1/25) (f) Nothing in this rule shall prevent an investigator from reporting to the court the existence of another case involving the proposed conservatee or conservatee or their proposed conservator for the purposes of coordinating court hearings and delivery of service. (Effective 1/1/22; renum. 7/1/23; renum. 1/1/25) (g) Nothing in this rule restricts an investigator from reporting suspected abuse or neglect of protected persons and the fact that such a report was made. However, the identity of the reporting party shall not be reported or disclosed. (Effective 1/1/22; renum. 7/1/23; renum. 1/1/25) (h) Nothing in this rule restricts an investigator from reporting or serving as a witness when a crime has been committed, or is alleged to have been committed. (Effective 1/1/22; renum. 7/1/23; renum. 1/1/25) (i) A proposed conservator’s history of allegations of abuse or neglect reported by official agencies and any criminal history shall be submitted to the court in a confidential supplemental report and will be released to the parties and/or counsel only if ordered by the court. (Effective 1/1/22; renum. 7/1/23; renum. 1/1/25) Rule 8.11.2 Appointment of Attorneys for Conservatee (Effective 7/1/03; renum. 7/1/18) Representation by an attorney appointed by the court in any of the above cases ceases upon an order of the court relieving said attorney as counsel. Rule 8.11.3 Notice of Change of Address (Effective 7/1/03; renum. 7/1/18; rev. 1/1/19; rev. 7/1/25) All parties and their attorneys shall inform the Court of any change of their address, or the address of their conservatees, within thirty (30) days. Failure to comply may result in suspension or removal of a conservator. When the residence of a temporary conservatee is proposed to be changed, the temporary conservator shall notify Family Court Services by submitting local form KRN SUPT CRT PB-019 “Referral for Court Investigator-Conservatorship Change of Address” with the notice of hearing and the original petition for review by court investigators. Rule 8.11.4 Assessments (Effective 7/1/03; renum. 7/1/18) The Court will order the payment of the total assessments levied for the probate investigator in any estate having sufficient funds to pay such assessments when the conservatorship is terminated by court order and in all cases where the conservatorship is terminated by death. Each account current must include payment of the assessment levied in the accounting period. No final discharge will be granted until proof of payment is filed with the court. Rule 8.11.5 Resignation of Conservator (Effective 7/1/03; renum. 7/1/18) (a) The conservator may resign at any time, but the resignation is not effective until the appointment of a successor conservator (termination does not require resignation). (b) A Petition for Resignation may not be combined with a Petition for Appointment of a Successor conservator. Rule 8.12 Law and Motion and Discovery Matters (Effective 7/1/03; renum. 7/1/18) Rule 8.12.1 Applicability of Kern County Uniform Rules of Court Relating to Law and Motion and Discovery in Probate Proceedings (Effective 7/1/03; renum. 7/1/18) Except where, for good cause, the court dispenses with or modifies notice: (a) Counsel shall comply with the pertinent sections of the Law and Motion and discovery rules of the Superior Court of California, County of Kern, as amended from time to time with respect to demurrers, motions to strike, judicial notice, motions for summary judgment and any other pretrial motions. Service and filing of all motions and responsive papers shall be in accord with said rules. (b) All preference motions under Section 36(a) of the Code of Civil Procedure must be heard and determined in the Presiding Department. When a motion for preference is granted, the attorneys shall be ordered to a Mandatory Settlement Conference, unless directed otherwise by the Presiding Department. Rule 8.13 Withdrawal of Attorneys of Record (Effective 7/1/03; renum. 7/1/18) If an attorney wishes to withdraw from a proceeding as attorney of record for the estate representative or any other fiduciary he/she must file a motion seeking such relief. Rule 8.14 Consolidation with the Lowest Number (Effective 1/1/06) Whenever it appears that two or more petitions with different numbers have been filed with reference to the same decedent, conservatee, or minor, the court will, on its own motion, consolidate all of the matters with the matter bearing the lowest number. Rule 8.15 Petition for Confirmation of Trust Assets Pursuant to Estate of Heggstad (Effective 1/1/06; rev. 7/1/09) (a) Copies of all testamentary instruments shall be attached to the petition. (b) Copies of pertinent and current documents of title to the assets in question shall be attached to the petition. Petitioner shall redact confidential information such as social security and account numbers before attaching the documents to the petition. (Effective 1/1/06; rev. 7/1/09) (c) If the assets to be confirmed are not clearly declared as trust assets in the instrument, or if title was transferred to the trustee and later transferred from the trustee, all persons named in any testamentary instrument as heirs at law must be listed in the petition and given notice, in addition to the notice required by Probate Code section 17203. (Effective 1/1/06; rev. 7/1/09) Rule 8.16 Trustee Compensation (Effective 1/1/06) Compensation for the trustee will ordinarily be allowed as provided in the governing instrument, unless the court fixes a greater or lesser amount pursuant to Probate Code section 15680(b). If the instrument is not specific, the court will establish reasonable compensation. A fee of 1% of the fair market value of the ending balance on hand will ordinarily constitute reasonable compensation, prorated if services have been rendered for less than a full year. If compensation higher than 1% of the ending market value is requested, the request must be supported by a detailed description of the services rendered, their necessity, benefit to the estate, expertise required, time expended, and hourly rate. Rule 8.17 Lodging a Copy of the Original Trust Instrument with the Court (Effective 7/1/18) (a) In all matters regarding trusts, a copy of the trust instrument must be filed, or the original trust instrument must be lodged at the time of filing of the petition, or as soon as practicable thereafter. (b) An ex-parte petition and order must be signed prior to lodging an original trust instrument. If the original trust is to be maintained as confidential, the petition and proposed order must specify the length of time the trust document must be retained and to whom it is to be returned. Rule 8.18 Witness Fee (Effective 1/1/24; rev. 1/1/26) The witness fee required for a Family Court Services investigator is set under Government Code section 68097.2 and must be paid in the Probate Department or Family Law Department before serving the subpoena. Proof of payment must be submitted to Family Court Services Department along with the subpoena. Witness fees will not be required from requesting parties with a valid fee waiver or from court-appointed counsel compensated by the County of Kern. Rule 8.19 Attorney Fees (Effective 1/1/06; renum. 7/1/18; renum. 1/1/24) Compensation for attorney for the trust will ordinarily be allowed as provided in the governing instrument. If the instrument is not specific, the Court will establish reasonable compensation, based on a detailed description of the services rendered, their necessity, benefit to the estate, expertise required, time expended, and hourly rate.
Rule 8.10 Guardianships (Effective 7/1/03, rev. and renum. 7/1/18; rev. 1/1/19; rev. 1/1/20; rev. 1/1/22; rev. 7/1/23; rev. 7/1/24; rev. 1/1/25; rev. 7/1/25) Rule 8.10.1 Appointment of General Guardians (Effective 7/1/03; renum. 7/1/18; rev. 1/1/19; rev. 7/1/25; rev. 1/1/26) (a) Upon filing the Petition for Appointment of a (general) Guardian, the petitioner shall submit to the Probate Department
Reviewer note: Composed 2026-10-14 (California T4 Kern build 2026-10-14) from BenchPath custody ca/t4/ca-kern/docs/general/local-rules-court-effective-7126.pdf (the court's rule book, its cover “LOCAL RULES OF COURT SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN July 1, 2026”, as fetched 2026-10-14; 1712899 bytes, sha256 374bf0cba1a66f90bd6bea59ca9523d5149362ef14f0d1edc454e76ac5738a83; 138 pages; this part PDF pages 118 to 124, printed pages 117 to 123) with the shared verbatim composer (v2 reflow): the rules (PDF pages 14 to 128) composed as one text and cut at the chapter headings (“Chapter I. General Rules” to “Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders”) and, in Chapters I, III, VI, VII and VIII, at rule or section headings (“Rule 1.8”, “Rule 1.12”, “Rule 3.14”, “Rule 6.10”, “Rule 7.4”, “Section Three – Proceedings”, “Section Six – Attorney Competency Standards”, “Rule 8.10”), each matched once as a whole line; every page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN”, named) and printed page number (“13” to “127”) removed as chrome - 230 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading, Preamble, section heading and lettered or numbered subdivision starting a line; Rules 1.17 and 1.21's ruled tables (PDF pages 32 and 33, 38 and 39) set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 27 whitespace-only fixes (build/book-fixes.json: 7 line breaks the reflow left before a reference or an inline list item at the paragraph's own margin, rejoined; 19 runs of rows the reflow ran together, split - Rule 1.8.1's two fee tables and the court's mailing address, Rule 3.3.1's regional courts and their telephone numbers, Rule 3.6(a)'s scale of fees, and the side heading “Preamble” of Chapters VI and VII; 1 word the page break split at its hyphen, closed up - “20-calendar-day”); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and its run after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 13) and the index (129 to 138) belong to no card; Appendix A, a separate document, is decided in the document catalog (held for the table lane, with a review task).
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.