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Chapter 14 (Rules 14.01 to 14.17): every pleading that requires a hearing set on the regular calendar at filing - the conservatorship and guardianship calendar on Mondays at 9:30 A.M. and the probate calendar on Mondays at 10:00 A.M., counsel advised to consult the Clerk - the attorney or self-represented party who files the pleading to select the initial hearing date (14.01); all documents in support of a pleading filed no later than five (5) court days before the calendared hearing (14.02); pleadings executed and verified as required by the Probate Code (commencing with Section 1020) and Rule 7.101 (14.03); the petitioner, not the Court Clerk, to give notice and file the proof of service, a complete copy of the petition served with notice on a person requesting special notice, and on all interested parties when the fiduciary or attorney is requesting extraordinary fees (14.04); probate orders complete in themselves, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain or for a specified period, ex parte applications under Local Rule 3.03 with a separate proposed order and an allegation on special notice, notice to the District Attorney as Public Administrator, contingent heirs listed, Judicial Council form DE-131 for proof by a subscribing witness, and bond (14.05); the petitioner or attorney to appear at any hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions in decedent's estate matters deemed submitted without an appearance (14.06); the matters required in a petition for final distribution, and the terms of any testamentary trust set out in full (14.07); all accounts to comply with Probate Code §§1060 et seq., waivers of accounting given in writing by competent adults (14.08); a petition to establish the fact of death verified, with the instrument and the death certificate attached (14.09); a specific sum requested in all petitions for attorney fees (14.10); extraordinary fees measured by reasonableness and benefit to the interested parties, the petition itemized by date, time and service and the request included in the notice of hearing (14.11); the Court to refer all petitions for appointment of a guardian for an investigation, the petitioner to provide an additional copy for the investigating agency, applications for appointment of a temporary guardian submitted ex parte with a reconsideration hearing within 30 days, and petitions for a general guardian normally calendared for hearing six to eight (6-8) weeks after the petition is filed (14.12); the Modoc County Department of Social Services, the Public Guardian, and a fully completed Judicial Council Form GC-330 and an extra copy of the petition with a conservatorship petition (14.13); deposits into blocked accounts made into federally insured, interest-bearing accounts, the initial deposit not to exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) held in a single federally insured depository, the trustee of the account to file a receipt within 30 days, and withdrawals of principal or interest only when ordered by the Court, on a verified application with the following documents attached (14.14); accounts of guardians and conservators, the Court not to favor the waiver of final accounts by the ward (14.15); the conservator to notify the Court of a change of the conservatee's residence within thirty-days (30) (14.16); and the guardian or conservator to notify the Court in writing within thirty-days (30) of the death of the ward or conservatee and to petition to terminate the estate (14.17).
CHAPTER 14: PROBATE RULES 14.01 Settings and Assignments: 1. At the time of its filing, every pleading that requires a hearing will be set on the regular calendar for that type of proceeding. As of the effective date of this Rule, the conservatorship and guardianship calendar is heard on Mondays at 9:30 A.M.; the probate calendar is heard on Mondays at 10:00 A.M. Because the day and hour reserved
Reviewer note: Composed 2026-10-12 (California T4 Modoc build 2026-10-12) from BenchPath custody ca/t4/ca-modoc/docs/local-rules/modocrules-07-01-2024.pdf (the court's rule book, its first page “SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MODOC LOCAL RULES OF COURT TABLE OF CONTENTS”, as fetched 2026-10-12; 1907063 bytes, sha256 a50f847b5814ce5e8bb2da3640a5e49e90c9d77c5617112ef0f5d7b35039c95e; 106 pages; this chapter PDF pages 72 to 85, printed pages 72 to 85) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 91, printed with the same numbers) composed as one text and cut at the sixteen chapter headings - “CHAPTER 1: GENERAL RULES” to “CHAPTER 16: JUVENILE DELINQUENCY RULES”, each matched once at a line start (a chapter may begin mid-page); the book's title line atop page 5 (“LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT”) set before Chapter 1 and in no card; Appendix A, the Appellate Division Local Rules (PDF pages 101 to 106), composed apart with the same settings and cut at its heading “APPENDIX “A””, the list of local forms above it on page 101 (Appendix B, a finding aid) set aside; the running header of every page (“Superior Court of the State of California” and “County of Modoc, Local Rules”, named) and the page number at its foot (“5”, named and a whole line in its band) removed as chrome - 261 chrome lines in the rules, 18 in the appendix; lines reflowed into the rules' paragraphs, each rule's number and title (“1.01 Citation of Rules:”), each lettered subdivision and numbered paragraph and each history line (“(Rule 1.01 adopted effective January 1, 2011.)”) starting a line and each chapter heading on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 106 pages; no table on the rule pages (page 101's one table is Appendix B's list); 16 whitespace-only fixes (build/book-fixes.json: fourteen hyphenated words the text layer sets with the hyphen as a line of its own, rejoined as printed - “post-trial”, “pre-marked”, “3.1200-3.1207”, “non-appearance” (twice), “cross-complaint”, “self-represented”, “self-employed”, “non-custodial”, “non-English-speaking”, “follow-up”, “long-term”, “Court-sponsored” and “interest-bearing”; and in Appendix A two paragraphs of section I and the cover sheet's address block of section J, which the reflow joined, split); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.03(B)'s heading over its first paragraph, the headings and lists the false-break audit names); the book's own text kept as printed (Rule 5.02(A)'s fee schedule, its third item broken across two lines; the cross-references the review notes name; “12:00 AM (noon)” in Rule 3.03(C)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The table of contents (PDF pages 1 to 4), the Subject Index (92 to 95), the Local Rules Index (96 to 100) and Appendix B (the list of local forms MOD-1 to MOD-15 on page 101) belong to no card. Review note: Rule 14.06(B)(1) defines “verified” as “verified by the petitioner as set forth in Rule 15.04 hereof”; Rule 15.04 is the CASA program rule (verification is Rule 14.03).
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.
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 14: PROBATE RULES 14.01 Settings and Assignments: 1. At the time of its filing, every pleading that requires a hearing will be set on the regular calendar for that type of proceeding. As of the effective date of this Rule, the conservatorship and guardianship calendar is heard on Mondays at 9:30 A.M.; the probate calendar is heard on Mondays at 10:00 A.M. Because the day and hour reserved for these calendars may change from time-to-time, counsel are advised to consult the Clerk before requesting a specific setting. 2. The attorney or self-represented party who files the pleading may select the initial hearing date, as long as the setting permits sufficient time for service of appropriate notice. 3. Any request for an earlier setting than would normally be allowed must be presented to the Court pursuant to the Local Rules governing orders shortening time. Note: mere convenience or inconvenience of counsel is insufficient justification for such request. (Rule 14.01 amended effective January 1, 2015; adopted effective January 1, 2011.) 14.02 Filing of Documents and Review Prior to Hearing: Filing Documents for Calendared Matters. Except for good cause, all documents in support of a pleading must be filed with the Clerk of the Court no later than five (5) court days before the calendared hearing thereon. This Rule applies, but is not limited, to affidavits of publication, proofs of subscribing witnesses, waivers of account, receipts, inventories, and reappraisals for sale, agreements for in-kind distributions, proposed orders, and similar papers. At the Court’s discretion, documents that are not filed in a timely manner may not be considered before or during the hearing, and the matter may be continued, denied without prejudice, or ordered off calendar. (Rule 14.02 adopted effective January 1, 2011.) 14.03 Execution and Verification of Pleadings: Probate pleadings must be executed and verified as required by Chapter 2 of Division 3 of the Probate Code (commencing with Section 1020) and Chapter 3 of the Probate Rules of Court (commencing with Rule 7.101). (Rule 14.03 adopted effective January 1, 2011.) 14.04 General Notice Requirements: A. Notices Generally. These Rules do not increase or reduce the statutory notice requirements with respect to probate matters brought before the Court. B. Burden of Proving Proper Notice. It is the responsibility of the petitioner or his or her attorney, and not the responsibility of the Court Clerk, to give notice of any proceeding requiring notice, or cause it to be given, and also to file the proper proof of service of such notice. C. Service of the Petition in Addition to Notice. When notice of any petition or other application is served on a person requesting special notice, or if the petition is for approval of the accounting of a testamentary trustee, then a complete copy of the petition, along with any supporting papers, must be served with each notice of hearing. If the fiduciary or attorney is requesting extraordinary fees or compensation (i.e., fees or compensation other than the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties. When service of a copy of the petition is required, the proof of service of notice must also show service of the copy. (Rule 14.04 adopted effective January 1, 2011.) 14.05 Probate Orders and Decrees; Ex Parte Applications; Nunc Pro Tunc Correction of Clerical Error: A. Orders and Decrees. 1. Form of Orders. Counsel or the self-represented petitioner must prepare probate orders or decrees, unless otherwise ordered by the Court. All probate orders or decrees must be complete in themselves (i.e., they must be worded so that their general effect can be determined without reference to the petition on which they are based). Orders and decrees must set forth the date of hearing, the Court’s findings, the relief granted, and the names of persons, and descriptions of property or amounts of money, that are affected by the order, all with the same particularity as is required of judgments in civil matters. Some printed forms of orders or decrees are designed to permit the attachment of supplemental material. If such form is utilized, attachments will be permitted. 2. Judicial Signature. The place provided for the judicial signature must appear at the end of the order or judgment. 3. Submitting Proposed Orders. If the parties wish to obtain formal orders on the date that the matter is calendared for hearing, then the proposed orders must be submitted to the Clerk at least five (5) court days before the hearing. 4. Orders for Continuing Payments. All proposed orders for continuing payments must provide that the payments will commence on a date certain and will continue until a) a date certain or b) for a specified period. The Court will not make orders that require continuing payments to run “until further order”. 5. Orders Distributing Estate to Trustee. Orders calling for distribution of estate assets to the trustee of a testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in a manner that will give effect to existing conditions at the time distribution is ordered. Pertinent provisions must be set forth in the present tense and third person. B. Ex Parte Applications for Orders. 1. In General. Applications for orders may be made ex parte unless a statute or Rule requires notice, and must be made as set forth in Local Rule 3.03. 2. Form of Order. Except for form petitions and orders approved by the Judicial Council or this Court, all applications for ex parte orders must be accompanied by a separate proposed order, complete in itself. It is not sufficient for such order to provide merely that the application has been granted. 3. Special Notice. All applications for ex parte orders must contain an allegation that no special notice has been requested, or an allegation that any requested special notice has been waived (with identification of the persons requesting special notice). Any waiver of special notice must be filed with the application. 4. Sales of Property. Ex parte petitions for orders for sale of stock or personal property must allege whether or not the property is specifically devised. If so, the consent of the specific devisee must accompany the petition. C. Public Administrator. The Public Administrator of Modoc County is the District Attorney, whose offices are located at 204 S. Court Street, 2nd Floor, Alturas, California 96101 (mailing address: P.O. Box 1171, Alturas, CA 96101). In all cases where it appears the Public Administrator may have priority to serve as personal representative of an estate, notice to the District Attorney must be given. D. The Petition for Probate. 1. Allegations Re Heirs and Beneficiaries. In addition to the required allegations (set forth in Probate Code §8002) in the petition for letters or for appointment, the petition must include the following information: a. As to the actual or nominated trustee of a trust that is a beneficiary of the decedent’s estate, said trustee must be listed by name and title as a devisee or legatee, and, if a sole trustee is also the personal representative of the estate, the individual beneficiaries of the trust must be listed in the petition and be given notice of the proceedings. [Probate Code §1208.] b. When a beneficiary of the estate has died, notice must be given as required by Rule 7.51(e) of the California Rules of Court. c. As to contingent heirs, devisees and legatees, all such persons must be listed in the petition for probate or for letters of administration so that each will receive notice by mail of the hearing on the petition. This includes persons provided for in the will offered for probate, but whose legacy has been revoked by a subsequent codicil. E. Subsequent Petitions for Probate. Admitting Subsequent Wills and Codicils. Every will or codicil not specifically mentioned in the original petition must be presented to the Court by way of an amended petition or a second petition, and new notice thereof must be published. F. Service of Notice When Recipient’s Address is Unknown. Reference: Rule 7.52 of the California Rules of Court. G. Proof of Written Will or Codicil. 1. Attachment to Petition. When a petition for probate of will and/or codicil is filed, a copy of the document(s) being offered for probate must be attached thereto. 2. Proof of Holographic Instrument. If the will or codicil is handwritten and a photographic copy is attached, then a typewritten copy of the text of the document must be attached as well. Holographic instruments may be proved by an appropriate affidavit or declaration setting forth the foundation upon which the declarant bases his/her statement that the handwriting is the decedent’s. 3. Proof of Formal Wills. In uncontested will proceedings, if the attestation clause of the testamentary instrument is signed under penalty of perjury, then the will or codicil is deemed to be self-proving and can be admitted to probate without proof thereof by affidavit or declaration. If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131. H. Bond of Personal Representative. 1. Effect of Bond Waiver. If bond has been waived in the will or codicil, or if it is waived by all beneficiaries of the will by way of duly executed and filed waivers of bond, then the fact that bond has been waived must be alleged in the petition. 2. Bond When Independent Powers Granted. When the personal representative is granted independent powers to sell real property or to lease it for a term of more than one year, the Court may require a bond that includes the equity value of the real property. (Rule 14.05 adopted effective January 1, 2011.) 14.06 Appearance of Counsel in Uncontested Matters: A. Required Appearance at Hearing on Guardianship or Conservatorship Petition. The petitioner or the petitioner's attorney must appear at any hearing on a petition for appointment of a guardian or conservator. B. When Non-Appearance Allowed at Hearing on Petition. 1. Except as otherwise provided by law or these Rules, all verified petitions in decedent’s estate matters will be deemed submitted without an appearance, except that the attorney or petitioner must appear on a petition for confirmation of sale of either 1) real property, or 2) personal property valued in excess of One Hundred Dollars ($100.00). As used in this Rule, "verified" means verified by the petitioner as set forth in Rule 15.04 hereof. 2. Before denying any petition where there is no required appearance, the Court, at its discretion, will continue the matter to a future law & motion calendar in order to give the petitioner or counsel an opportunity to appear. If there is no appearance or other response by the petitioner or counsel at the continued hearing, the Court may drop the matter from the calendar. (Note: it is the responsibility of the non-appearing petitioner or counsel to determine whether the matter has been approved or continued.) (Rule 14.06 adopted effective January 1, 2011.) 14.07 Required Matters in a Petition for Final Distribution: A. Required In All Petitions For Final Distribution. In addition to items otherwise required by law, a petition for final distribution must include the following matters, unless set forth in the account and report: 1. A full and complete description of all assets to be distributed. The description must include all cash on hand, and must indicate whether promissory notes are secured or unsecured. If secured, the security interest must be described. Real property must include a complete legal description. Note: descriptions made by reference to the inventory and appraisal are not acceptable. 2. Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children. 3. A computation of the attorney fees and representative commissions being requested, even if an accounting is waived. Where an accounting is waived and the statutory compensation is based upon receipts during probate, the method of computation must be set forth, together with an allegation that such receipts have been or will be reported on fiduciary income tax returns for the estate. Applications for compensation for extraordinary services will not be considered unless the caption and prayer of the petition, and the notice re distribution, contain a reference to such application for extraordinary compensation. 4. A statement regarding payment of all taxes pursuant to Probate Code §9650(b). 5. An allegation that all legal advertising, bond premiums, probate referee’s fees, and costs of administration have been paid. (Note: the final account will not be approved, and neither will a petition to terminate proceedings be granted, unless the Court is satisfied that all costs of administration, including charges for legal advertising, have been paid.) 6. A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment. As to any rejected claims, the date of rejection must be set forth, and the original of the notice of rejection, with affidavit of mailing to the creditor, must be filed. Even if a claim has not been filed, the Court may approve payment of a debt if the accounting shows that such payment was made in compliance with the requirements of Probate Code §9154. Such approval is discretionary with the Court, and must be justified by appropriate allegations in a verified petition or by testimony in open court, Estate of Sturm (1988) 201 Cal.App.3rd 14. 7. An itemization of costs for which counsel or the personal representative has been paid or is seeking reimbursement. Ordinary overhead items, including but not limited to costs of duplication of documents, long distance charges, and automobile mileage, are not proper cost items. 8. A schedule showing the proration, if any, of taxes, fees, and costs. 9. In all cases where the character of property may affect distribution of the estate, a statement or listing of which assets are separate property and which assets are community properties. 10. If distribution is to be made pursuant to an assignment of interest, then the details of the assignment, including the consideration therefore, shall be set forth in the petition, and the acknowledged assignment shall be filed with the Court. 11. The names and current addresses of all persons who are affected by the petition. Each such person must be identified as an adult or a minor. a. If property is to be distributed to a minor, the minor's present age must be indicated. b. If a trust is established in which property will be distributed to a beneficiary upon reaching a given age, the petition must allege the present age of the distributee. 12. If the distribution is to be made to a minor or an incompetent, then facts showing compliance with Probate Code §3300, et seq., must be alleged. Alternatively, current certified copies of letters of guardianship or conservatorship of the estate must be filed. 13. An allegation of compliance with Probate Code §9202 (notice of death to the Director of Health Services), or an allegation that notice is not required because decedent did not receive Medi-Cal services, or an allegation that no claim can be made by the Director of Health Services because decedent a. died before June 28, 1981; b. was under age 65; or c. was survived by a spouse, minor child, or disabled child. 14. An allegation of compliance with Revenue & Taxation Code §19513, if the estate exceeds $1,000,000 and assets greater than $250,000 are distributable to a non-resident. 15. A statement that complies with the disclosure requirements of Probate Code §1064(a)(4), or an allegation that no family or affiliate relationship exists between the fiduciary and any agent hired by the fiduciary for probate purposes. 16. A Schedule of Graduated Filing Fee Information as required by Rule 7.552 of the California Rules of Court. B. Terms of Testamentary Trust. The terms of any testamentary trust must be set out in full in the petition and in the order or decree, and not merely be incorporated by reference. Because the decree of distribution supersedes the will, the terms of the trust must be set forth in the decree in a manner that will give effect to the conditions existing at the time distribution is ordered. The pertinent provisions must be set forth in the present tense and in the third person instead of by merely quoting the will verbatim, because the will in some instances may be in the future tense and/or the first person, and may contain provisions that are no longer applicable. C. Distribution to a Trust. If distribution is to be made to a trust, then either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee, must be filed with the Court. (Rule 14.07 adopted effective January 1, 2011.) 14.08 Required Form of Accounts in all Probate Proceedings: A. Accounts in General. All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall comply with Probate Code §§1060 et seq. A suggested form of summary of account is set forth in Probate Code §1061. B. Waivers of Accounting. A detailed accounting may be waived when all persons having a valid interest in the matter have consented in writing. Only waivers given by competent adults are effective. All waivers must be filed with the Court or endorsed on the petition. The effect of full waivers is to make it unnecessary to list the details of receipts and disbursements. No other required matters may be waived. (Rule 14.08 adopted effective January 1, 2015.) 14.09 Petition to Establish the Fact of Death: A petition to establish the fact of death (to terminate a joint tenancy or life estate) must be verified, and must have the following documents attached as exhibits: 1) a copy of any instrument relating to any interest in the property; and 2) a copy of the death certificate. (Rule 14.09 adopted effective January 1, 2011.) 14.10 Attorneys Fees: In all petitions requesting attorney fees, both ordinary and extraordinary, a specific sum (not merely a "reasonable amount") must be requested. (Rule 14.10 adopted effective January 1, 2011.) 14.11 Non-Statutory (Extraordinary) Fees and Commissions: A. Discretion of the Court; and Standards for Consideration. 1. The award of extraordinary fees and commissions is within the discretion of the Court. 2. The standards by which requests for extraordinary fees and commissions will be measured are reasonableness, and benefit to the interested parties. The Court will take into consideration the following: a. Nature and difficulty of the services; b. Results achieved; c. Benefit to the estate, conservatee or ward; d. Productivity of the time spent in performing the services; e. Expertise and experience of the person requesting the fees; f. Hourly rate for the person performing the services; and g. Total amount requested in relation to the size and income of the estate. B. Contents of Petition for Extraordinary Fees and Commissions. A petition filed under any provision of the Probate Code which requests fees or commissions in excess of the authorized statutory compensation must include: 1) a declaration by the attorney, personal representative, trustee, or other fiduciary stating the services rendered, or to be rendered, by each of them, itemized by date, time and service rendered; 2) the amount requested for each item of service, together with the total amount requested; and 3) a reference in the caption and prayer to the additional fees. In addition, the request for extraordinary fees and/or commission must be included in the notice of hearing on the petition. (Rule 14.11 adopted effective January 1, 2011.) 14.12 Guardianship Appointments: A. Agency Investigations. 1. Referral. The Court for an investigation, pursuant to Probate Code Sections 1513 and 1513.1, will refer all petitions for appointment of a guardian. One of the following agencies, as ordered by the Court will conduct the investigation: The Modoc County Family Court Mediator, the Modoc County Probation Department, or the Modoc County Department of Social Services. 2. Agency Copies. When a petition for appointment of guardian is filed, the petitioner must provide an additional copy of the petition and of all supporting documents for transmittal by the Clerk to the appropriate investigating agency. (Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the agency.) B. Appointment of Temporary Guardian. 1. Ex Parte Applications. Applications for appointment of a temporary guardian may be submitted ex parte for determination by the Court, with or without an appearance by the petitioner or counsel. If the petitioner or counsel wishes to appear on the ex parte application, he or she must calendar and notice the matter pursuant to Local Rule 3.03. 2. Hearings on Temporary Guardianships. After a petition for the appointment of a temporary guardian of the person of a minor is filed, the following hearings may be held, consistent with the intent of Probate Code §2250: a. A noticed hearing on an ex parte petition for appointment of temporary guardian. When it sets the noticed hearing, the Court may make other appropriate orders relating to the application. b. A reconsideration hearing to be conducted on the regular guardianship calendar within 30 days from the date of the ex parte order granting temporary guardianship, for the purpose of reviewing the merits and the status of the temporary guardianship. At this hearing, the appropriate investigative agency will provide the Court with a recommendation as to whether or not the temporary guardianship should be continued or be terminated. More than one reconsideration hearing may be required. 3. Hearings on Petitions for General Guardian. Petitions for appointment of a general guardian are set for hearing by the Clerk of the Court, and normally are calendared for hearing six to eight (6-8) weeks after the petition for general guardianship is filed. 4. Notice Regarding Temporary Guardianships. The order appointing a temporary guardian will identify the agency that will conduct the investigation, and the order will require that the temporary guardian give notice of the reconsideration hearing to the parents of the minor (this notice is in addition to the notice of hearing required by Probate Code §1511). (Rule 14.12 adopted effective January 1, 2011.) 14.13 Probate Conservatorship Appointments: A. Public Guardian. The Public Guardian for Modoc County is the Modoc County Department of Social Services, 120 N. Main Street, Alturas, California 96101, telephone (530) 233-6501. B. Court Investigator. When a petition for appointment of a conservator is filed, the petitioner must also submit a fully completed Judicial Council Form GC-330, “Order Appointing Court Investigator”, for the Court’s approval, and must provide the Clerk with an additional copy of that document for transmittal to the Court Investigator after the appointment has been made. For the same purpose, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk at the time of filing. (Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the Court Investigator, and from giving the Investigator notice of hearings on the petition.) (Rule 14.13 adopted effective January 1, 2011.) 14.14 Blocked Accounts in Guardianships and Conservatorships: A. Time of Establishment. A request to deposit funds of a guardianship or conservatorship estate in blocked accounts, for the purpose of reducing bond or otherwise, may be included in the petition for appointment or made in a subsequent petition. B. Type of Account. All deposits into blocked accounts must be made into federally insured, interest-bearing accounts, with no maturity date unless otherwise ordered by the Court. If funds are to be placed in an account having a maturity date, the applicant and counsel are cautioned that funds must also be maintained in another account in an amount sufficient to pay reasonably foreseeable expenses (e.g., taxes) without incurring penalties or loss of interest. C. Maximum Amount of Deposits. The initial deposit into any one blocked account must not exceed Ninety Thousand Dollars ($90,000). In no event may more than One Hundred Thousand Dollars ($100,000) be held in a single federally insured depository. If it becomes necessary to transfer funds to an additional depository in order to comply with this Rule, prior approval of the Court is required. D. Proof of Deposit into Blocked Account. Within 30 days after the Court signs an order for deposit into a blocked account, the trustee of the account must file a receipt from the depository, evidencing the ordered deposit. E. Withdrawals from Blocked Accounts. 1. Court Order Required. Except when the terms of the order for deposit provide for automatic withdrawal by the minor upon attaining majority, withdrawals of principal or interest may not be made unless ordered by the Court. 2. Supporting Documentation. Every application for an order to withdraw funds from a blocked account must be verified. The following documents must be attached to the application: a. a certified copy of the birth certificate of the minor, and b. either (i) an updated savings passbook or a statement showing all deposits and withdrawals since the account was opened, or (ii) a letter from the depository identifying the account and setting forth the dates and amounts of all deposits and withdrawals, along with the current balance. 3. Consent of Minor. If the minor is fourteen years of age or older, he or she (as well as the guardian or trustee) must sign the petition. 4. Ex Parte Requests. A request for withdrawal from a blocked account may be made ex parte. 5. Parental Responsibilities; Withdrawals for the Payment of Taxes. Except for withdrawals to pay taxes on a minor's funds, petitions for withdrawals ordinarily will not be granted if either or both parents of the minor are living and either is financially able to pay the requested expenditure. Except for petitions for withdrawals to pay taxes, a financial declaration by the parents or parent describing his, her, or their income and expenses must be attached to the petition. In addition, a statement regarding the minor's employment and income, if any, must be attached to the application. Copies of bills, statements, or letters related to the request also must be attached. If the application is for payment of taxes on the minor's funds, copies of the applicable tax returns must be submitted with the petition, but must not be attached to the petition, and must be marked "confidential". 6. Withdrawal for Purchase of Vehicle. If the requested withdrawal is for the purchase of a vehicle, a copy of the proposed purchase/sale agreement must be attached to the petition. The agreement must show the type of vehicle, year, purchase price, and whether the payment will be made in full or in specified installments. Because the petition may be denied, a binding purchase/sale agreement must not be entered into before a court order is obtained. In addition to the previously mentioned agreement, a casualty insurance quote must be attached to the petition. The quote must show that the minimum public liability coverage equals or exceeds the funds that will remain on deposit after the purchase, and the petition must identify the person or persons who will pay for the insurance. 7. Withdrawal for Medical Expenses. If the request for withdrawal pertains to medical care for an accident or other casualty, or for a legal matter, the petition must explain why the expense is necessary and why it is not covered by insurance or other resource. 8. Withdrawals for Reimbursement. If the request is for reimbursement for an expense already paid, then proof of payment (i.e., cancelled check or receipt) must be attached to the petition. (Rule 14.14 amended effective January 1, 2015; adopted effective January 1, 2011.) 14.15 Accounts of Guardians and Conservators: A. Multiple Accounts in Guardianships. When a guardian accounts for the assets of more than one ward in the same proceeding, the accounting for each ward must be set forth separately. B. Final Accounts in Guardianships. The Court does not favor the waiver of final accounts by the ward, and generally will not approve a final report when the account is waived unless the ward is present in court at the time of the hearing. C. Notice of Death to Director of Health Services. Upon termination of a proceeding due to the death of the ward or conservatee, the final report and account must contain either an allegation that notice of said death was provided to the Director of Health Services (as required by Probate Code §215) or an allegation that no such notice is required. D. Order Dispensing with Accounting. If it appears likely that the estate will satisfy the conditions of Probate Code §2628(b) throughout its duration, the Court may dispense with an accounting. Application for an order dispensing with accountings may be made at the time of the appointment of the guardian or conservator, or when the interim account is due. (Rule 14.15 adopted effective January 1, 2011.) 14.16 Change of Conservatee’s Address: The conservator must notify the Court of any change of the conservatee's residence, within thirty-days (30) of the conservatee's move, by filing a notice of change of address with the Clerk of the Court. (Rule 14.16 adopted effective January 1, 2011.) 14.17 Procedures upon the Death of the Ward or Conservatee: A. Required Notice to Court. The guardian or conservator must notify the Court, within thirty-days (30) and in writing, of the death of the ward or conservatee. B. Termination of the Guardianship or Conservatorship Estate. If the ward dies before reaching majority, or upon the death of the conservatee, the guardian or conservator must petition the Court to terminate the estate and may, in conjunction with that petition, seek allowance for claims against the estate and for disposition of the estate if the estate is valued at less than $60,000 and can be disposed of pursuant to Probate Code Sections 13100 through 13111. If the provisions of §§13100 et seq. are utilized, the petition for termination and the final account must include a declaration, pursuant to Probate Code §13101, from each person entitled to distribution of the estate. (Rule 14.17 adopted effective January 1, 2011.)
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.