Loading…
Section 5-Probate: all orders in probate matters complete and drawn so that their substance may be determined without having to refer to the petition on which they are based, and, except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party to submit the proposed order at least three Court days prior to the hearing date (5.1); in a petition for probate of a will, all persons and organizations named in the will or codicils listed (5.2(a)); if a named devisee predeceased the decedent, that information provided in the notice, and, where the devisee dies after the decedent, the date of death stated and notice mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative (5.2(b)); a declaration specifying good faith efforts to identify and locate heirs or beneficiaries required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required (5.2(c)); if there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect filed setting forth the basis for the declaration and the efforts made to locate all such heirs (5.2(d)); the trustee of a living trust who is a beneficiary of a will listed as a devisee and noticed (5.2(e)); the Clerk of the Court not handling the preparation, mailing or publication of notices, notices prepared and submitted at the time of filing the applicable petition, and the moving party responsible for all required mailings and newspaper publications (5.2(f)); and the written and signed declination to act of the person named in the decedent’s will as executor who declines to act as such filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act (5.3)
California > Fifth Appellate District > Mariposa County > Superior Court of California, County of Mariposa
SECTION 5-PROBATE RULE 5.1 ORDERS All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based. (1/1/19) Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date. (1/1/19) RULE 5.2 NOTICES a. In a petition for probate of a will, all persons and organizations named in the will or codicils shall be listed. (1/1/19) b. If a named devisee predeceased the decedent, that information must be provided in the notice. In cases where the devisee dies after the decedent, the date of death must be stated and notice must be mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative. (1/1/19) c. A declaration specifying good faith efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required. (1/1/19) d. If there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate all such heirs. (1/1/19) e. The trustee of a living trust who is a beneficiary of a will shall be listed as a devisee and noticed. (1/1/19) f. The Clerk of the Court does not handle the preparation, mailing or publication of notices. Notices must be prepared and submitted at the time of filing the applicable petition, and the moving party is responsible for all required mailings and newspaper publications. (1/1/19) RULE 5.3 DECLINATION TO SERVE If the person named in the decedent’s will as executor declines to act as such, his or her written and signed declination to act must be filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act. (1/1/19)
SECTION 5-PROBATE RULE 5.1 ORDERS All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based. (1/1/19) Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least
Reviewer note: Composed 2026-10-15 (California T4 Mariposa build 2026-10-15) from BenchPath custody ca/t4/ca-mariposa/docs/localrules.pdf (the court's rule book, its cover “MARIPOSA COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE JANUARY 1, 2019”, as fetched 2026-10-15; 797328 bytes, sha256 408872509e0de2e21fafbb4417efbee953c2873f4eeec9a777cd92ef501f5aa3; 37 pages; this part PDF pages 20 to 21, page numbers 20 to 21) with the shared verbatim composer (v2 reflow): the rules (PDF pages 6 to 27) composed as one text and cut at the eight section headings (“SECTION 1-GENERAL RULES” to “SECTION 8-WRITS AND APPEALS”), each matched once as a whole line, one card per section; every page's number at its foot removed as chrome - 22 chrome lines (the book prints no running head); lines reflowed into the rules' paragraphs, each section heading, rule heading (“RULE 1.1 COURT ORGANIZATION”) and lettered or numbered subdivision starting a line; no fix (the vertical-gap, short-line, page-break, false-break and structural-break audits - review/book-extra-audits-2026-10-15.txt and the two audits' runs - list candidates read one by one, every one 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 book's date and the judges of 2019), the instructions (2), the table of contents (3 to 5), the index (28 and 29), the List of Rules and Effective Dates (30 to 33) and the List of Approved Local Forms (34 to 37) 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.