Loading…
Chapter 6 (Rules 6.1 to 6.10): the chapter governs all proceedings under the Probate Code (6.1); matters submitted without appearance, the papers delivered within the time of rule 3.3 (6.2); a statutory bond from every non-resident personal representative unless all heirs waive it and the court approves (6.3); accounts conforming to Probate Code § 1061 through 1064 (6.4); an expert appointed to analyze a complex account, its cost surcharged where the account was unnecessarily voluminous or complex (6.5); claims of personal representatives allowed only on petition and notice (6.6); the bond statements on the inventory and appraisal (6.7); the bond where independent administration is authorized (6.8); lodged confidential supporting documents picked up or returned, or destroyed 45 days after the hearing (6.9); and court investigator fees - paid by the petitioner unless waived, and $220 half day or $440 full day when the investigator is subpoenaed (6.10).
California > First Appellate District > Lake County > Superior Court of California, County of Lake
CHAPTER 6 PROBATE 6.1 Applicability of Rules (eff. 6/30/91, amd. 1/1/2009) The rules stated in this chapter shall govern all proceedings brought pursuant to the Probate Code. (eff. 6/30/91, amd. 1/1/2009) 6.2 Submission of Matter Without Appearance by Counsel or Witnesses (eff. 6/30/91, amd. 1/1/2009) A matter that by law may be determined upon declaration, affidavit or verified pleading and without testimony, may ordinarily be submitted for appropriate action by the court without appearance by counsel or witnesses provided that all necessary papers, including declarations and proposed orders, must be delivered to the clerk within the time limit prescribed by rule 3.3. (eff. 6/30/91, amd. 1/1/2009) 6.3 Non-resident Personal Representative to Furnish Bond Notwithstanding waiver (eff. 6/30/91, amd. 1/1/2009) Notwithstanding a waiver of bond arising by operation of law or contained in any will by which a personal representative is nominated, every non-resident of the state of California shall furnish the required statutory bond as a condition of appointment as personal representative unless a waiver of bond is filed by all of the heirs of the decedent’s estate and approved by the court. (eff. 6/30/91, amd. 1/1/2009) 6.4 Required Form of Accounts (eff. 6/30/91, amd. 1/1/2009) All accounts filed in probate proceedings, which shall include estates, guardianship, conservatorship and testamentary trust accounts, shall conform to California Probate Code § 1061 through 1064 as they may be amended, and to the extent possible shall be set forth on forms approved by the Judicial Council. (eff. 6/30/91, amd. 1/1/2009) 6.5 Appointment of Expert to Analyze Complex Accounts and Surcharge of Cost Against Representative (eff. 6/30/91) When, because of the volume or complexity of an account, an analysis thereof by the court would appear to be unusually time consuming or difficult, the court will, on its on motion, appoint an expert - usually a certified public accountant - to analyze the account and report findings to the court. The compensation for such expert shall be fixed by the court and ordered paid from the assets of the estate as a cost of administration. If the court finds that the account was unnecessarily voluminous or complex, the representative shall be surcharged the amount of such compensation. (eff. 6/30/91) 6.6 Allowance of Claims of Personal Representatives (eff. 6/30/91) Claims of personal representatives will be allowed pursuant to Probate Code §9252 only upon a written petition for the allowance thereof, after every person interested in the estate shall have been given notice of hearing of said petition in the manner provided by Probate Code §1220. (eff. 6/30/91) 6.7 Statement Regarding Bond On Inventory and Appraisal (eff. 6/30/91) Counsel for the personal representative or the personal representative, if acting without counsel, will complete all appropriate statements regarding the representative's bond which are called for upon the inventory and appraisal form in current use with the approval of the Judicial Council of California. (eff. 6/30/91) 6.8 Amount of Personal Representative's Bond Where Independent Administration is Authorized (eff. 6/30/91, amd. 1/1/2009) In proceedings in which authority is sought pursuant to the Independent Administration of Estates Act (Probate Code §10400, et seq.) which would authorize the personal representative to sell real property without court supervision, the petition for probate will disclose the estimated net value of the decedent's real property and the order for probate will fix the amount of the bond required of the personal representative at not less than the aggregate of the estimated value of the decedent's personal property, the estimated net value of the real property, and the estimated value of the probable annual gross income of all of the property belonging to the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount. (See Probate Code §10453) (eff. 6/30/91, amd. 1/1/2009) 6.9 Accountings (new 7/1/2018) The conservator or guardian may either arrange to pick up the original lodged confidential supporting documents or provide a self-addressed stamped envelope for their return upon final determination and approval of the conservator’s account by the Court. If the conservator or guardian is picking up lodged documents in person, they must sign a receipt pursuant to CCP § 1952.2. Any documents so lodged, which are not accompanied by a self-addressed stamped envelope or in the alternative not picked up and a receipt signed, may be destroyed by the clerk 45 days after the hearing. (See Probate Code §2620) (eff. 7/1/2018) 6.10 Court Investigator Fees (new 7/1/2018) Unless investigator fees are waived due to hardship per Probate Code sections 1851.5 or 1513.1, the petitioner is responsible for payment of the cost of the investigation. Any time a court appointed investigator is subpoenaed to testify, the subpoenaing party shall be responsible for payment of the court investigator’s fees of $220 half day or $440 full day. Fees shall be paid directly to the court investigator prior to the date of testimony. (eff. 7/1/2018)
CHAPTER 6 PROBATE 6.1 Applicability of Rules (eff. 6/30/91, amd. 1/1/2009) The rules stated in this chapter shall govern all proceedings brought pursuant to the Probate Code. (eff. 6/30/91, amd. 1/1/2009) 6.2 Submission of Matter Without Appearance by Counsel or Witnesses (eff. 6/30/91, amd. 1/1/2009) A matter that by law may be determined upon declaration, affidavit or verified pleading and witho
Reviewer note: Composed 2026-10-10 (California T4 Lake build 2026-10-10) from BenchPath custody ca/t4/ca-lake/docs/local-rules/local-rules-january-2026_v2.pdf (the court's rule book, its cover “SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF LAKE LOCAL RULES Effective 1/1/2026”, as fetched 2026-10-10; 852364 bytes, sha256 060a39793172b99fb99a1f839efb8fee0755a6d5c8c03d52d407d1d536399e9d; 69 pages) with the shared verbatim composer (v2 reflow): the rule body (PDF pages 9 to 68; the chapters run on without page breaks) composed once and cut at the twenty chapter headings (“CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES” to “CHAPTER 20 ELECTRONIC FILING”), the chapters reassembling the body exactly: each page's running header (“Superior Court, County of Lake”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; Rule 5.8's ruled table (Case Plan Disposition Time Standards and Court Events, pages 29 and 30) read cell by cell by the table finder; no struck run on any of the 69 pages (review/strike-report-2026-10-10.txt); 22 whitespace-only fixes (build/book-fixes.json: Rule 5.8's table cells' lettered items and paragraphs set on their own lines (10); Rule 8.6's plans and its item 3 (3); Rule 3.13's history note (1); Rule 11.5's default fee schedule set row by row (1); the subheadings of Rules 3.5 (at a page break) and 4.10(c) set on their own lines (2); Rule 5.9's form number FL-105 and the word “denial” its Rule 5.9(E) prints across three lines set whole (2); and the sentences of Rules 9.4, 10.3 and 5.4(B) rejoined where the composition broke them before an inline item, a dash and a capitalized word (3)) and 1 same-character fix (build/book-captions.json: Rule 16.3(B)'s list of remote proceeding calendars, printed in two columns, set group by group); the vertical-gap, short-line, page-break, bold-line, row and false-break audits find no other; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the three local forms the book prints (LK-108, LKSC-420 and LK-117) and the index belong to no card.
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.