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Chapter 8 (Rules 8.00 to 8.32): the moving party to furnish copies of the notices to be posted, published or mailed by the clerk and envelopes addressed with postage prepaid (8.03); special letters of administration or temporary letters of guardianship or conservatorship considered only after a separate petition for probate or permanent letters is filed and a hearing date assigned, the petitioner to arrange a time for the ex parte hearing and give notice to the surviving spouse, nominated executor, proposed ward or conservatee and other persons, a declaration of the notice given, the urgency and necessity shown in an attachment, the petitioner and attorney to appear, and letters for a specified period of time (8.04); the original will lodged in support of the petition for probate, a typed copy of a holographic will and an English translation of a will in a foreign language, and a written declination to act signed by a named executor who declines (8.06, 8.08); the Court Commissioner or research attorney who may sit as a temporary judge on stipulation, a party who does not wish to stipulate, or parties who wish to argue, to notify the Court by the method stated on the court website and the other parties by 4:00 p.m. (8.10); probate matters the Court may refer to a volunteer mediation program (8.11); orders and judgments complete in themselves, all papers and the proposed order filed or lodged at least three (3) court days before the hearing, written objections filed at least three (3) court days before, and appearances as the tentative rulings indicate (8.13 to 8.16); petitions for instructions only for matters for which no other procedure is provided, and the matters which may be heard ex parte, including sale of securities, family allowance before inventory, appointment of a special administrator or a temporary conservator or guardian, increase in bond and preliminary distribution under Probate Code Section 11623 (8.17, 8.18); a family allowance ex parte before the inventory with the personal representative's consent and after it only on notice, its duration limited to six (6) months if no inventory has been filed and one (1) year if one has, with the applicant's income from sources outside the estate, separate property and monthly expenses (8.19); itemized billing statements for extraordinary commissions and fees and trustee's fees, no trustee's fees based solely on a percent of the trust estate's value (8.20); a noticed motion for approval of a creditor's claim filed by the personal representative unless it is for funeral and last illness expenses with proof of payment, the claims are less than $1,000, or all persons beneficially interested approve it in writing, and no specifically devised or bequeathed property encumbered or offered for sale without written consent or approval on fifteen (15) court days' notice (8.21, 8.22); the matters required in a petition for final distribution, including the assets with the assessor's parcel number, the entitlement of each heir or devisee, fees and commissions, claims, costs, taxes and interest-bearing accounts, and the required summary of account, its total charges and total credits to balance (8.23, 8.24); a written spousal property election under Probate Code Section 13502, and the Court posts probate tentative rulings on its website by 2:00 p.m. at least one (1) court day prior to the hearing, the parties to notify the opposing side if they intend to appear and the clerk by the method stated on the court website by 4:00 p.m. the court day preceding the hearing (8.25, 8.27); an extra copy to serve on the court investigator in conservatorships and guardianships, notice to the trustees and beneficiaries of a trust when a petition seeks to admit to probate a will containing distributions to a trust, a proof of subscribing witness where the attestation clause does not contain language stating that the testator “was not acting under duress, menace, fraud, or undue influence,” and probate, trust and estate cases in the Nevada City Branch assigned for all purposes to the judge whose regular assignment is in Department 6 (8.29 to 8.32).
CHAPTER 8 PROBATE RULES RULE 8.00 (REPEALED) (Repealed July 1, 2003.) RULE 8.01 (REPEALED) (Repealed July 1, 2003.) RULE 8.02 (REPEALED) (Repealed July 1, 2003.) RULE 8.03 NOTICE BY CLERK The moving party shall prepare and submit to the clerk as many copies of the notices to be posted, published or mailed by the clerk as the clerk is required to post, publish or mail. Where the notice is to be mai
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/local-rules/2026_nc_local-rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF NEVADA RULES OF COURT Effective: January 1, 1997 Updated: July 1, 2026”, as fetched 2026-10-11; 1570770 bytes, sha256 915a63e4216cda56b6e1d985033e57f948fa777fc300d12a4e0fd44fe34227a5; 139 pages; this chapter PDF pages 108 to 117, printed pages 93 to 102) with the shared verbatim composer (v2 reflow): the rules (PDF pages 16 to 124, printed 1 to 109) composed as one text, from “CHAPTER 1” to Rule 11.05, and cut at the eleven chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's printed page number at the bottom center removed as chrome (110 lines: the 109 page numbers and, in the same band of PDF page 124, a page reference of the index, which belongs to no card); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 1.08 COURT REPORTERS”), each lettered or numbered subdivision and each “o” bullet starting a line, and each history note on a line of its own; the text after the “INDEX” line on PDF page 124 cut off; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 22 whitespace-only fixes (build/book-fixes.json: rule headings whose title the book prints on two or more lines under the rule number, each set as one heading line - Rules 1.10, 2.02, 4.00.5, 4.02, 4.05.3, 4.07, 5.03, 5.05.4, 5.09.1, 5.13.1, 6.01.6, 6.02.11, 6.04, 6.05.7, 6.06.1, 6.07.1, 6.08.2, 6.10, 8.04, 8.06, 10.00.4 and 11.04); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents (PDF pages 2 to 15), the index (PDF pages 124 to 133) and the appendices (PDF pages 134 to 139: Appendix I, the local forms lists; Appendix II, the standing orders list) 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.
California > Third Appellate District > Nevada County > Superior Court of California, County of Nevada
CHAPTER 8 PROBATE RULES RULE 8.00 (REPEALED) (Repealed July 1, 2003.) RULE 8.01 (REPEALED) (Repealed July 1, 2003.) RULE 8.02 (REPEALED) (Repealed July 1, 2003.) RULE 8.03 NOTICE BY CLERK The moving party shall prepare and submit to the clerk as many copies of the notices to be posted, published or mailed by the clerk as the clerk is required to post, publish or mail. Where the notice is to be mailed, the moving party shall furnish to the clerk envelopes addressed to those required to receive notice, with postage prepaid, and with the clerk’s address as the return address. (Effective January 1, 1997.) RULE 8.04 SPECIAL OR TEMPORARY LETTERS ON EX PARTE PETITION A. Separate Petition. A separate petition for probate or permanent letters must first be filed and a hearing date assigned before a petition for special administration or for temporary letters for a conservatorship or guardianship will be considered. The petition for appointment of a special administrator or a temporary conservator or guardian must also be filed before its presentation at the ex parte hearing. B. Arranging for and Notice of Ex Parte Hearing. Unless the Court orders otherwise, the party seeking special letters of administration or temporary letters of guardianship or conservatorship shall arrange a time for the ex parte hearing and give notice pursuant to the rules and procedures followed in civil cases. Notice of the application shall be given to the surviving spouse, nominated executor, proposed ward or conservatee, other persons who might be expected to seek letters, and any other persons equitably entitled to notice. C. Declaration. A declaration must accompany the petition setting forth to whom notice was given, the date, time and manner of notice, that notification was given of the time and place of the ex parte hearing and the nature of relief sought, and a statement that notice pursuant to this section has been complied with or an excuse thereof. The declaration is to state what response, if any, was received, and whether opposition is expected. D. Urgency or Necessity to be Shown. The urgency and necessity of special or temporary letters must be shown in an attachment to the petition. E. Appearance. Absent a Court order otherwise, the petitioner and the attorney for petitioner shall appear at the ex parte hearing. When authorized or mandated by the Court, a remote appearance shall be sufficient to satisfy the appearance requirements of this rule. F. Limitation on Time of Letters. Except in an instance of a contest, special or temporary letters shall issue only for a specified period of time, unless the Court orders otherwise. G. Bond. The Court may require a bond even if the will waives bond or the beneficiaries have filed written waivers of bond. (Amended July 1, 2024.) RULE 8.05 (REPEALED) (Repealed July 1, 2003.) RULE 8.06 COPIES OF WILLS AND CODICILS IN PETITION FOR PROBATE Unless the original of the will has already been lodged with the Court pursuant to Probate Code Section 8200, the original will shall be lodged in support of the petition for probate. In the case of a holographic will or other will of which material provisions are handwritten, the petitioner shall also attach a typed copy of the will. If the will is in a foreign language, an English translation shall be attached. On admission of the will to probate, the Court shall certify to a correct translation into English, and the certified translation shall be lodged with the will. (Amended July 1, 2026.) RULE 8.07 (REPEALED) (Repealed July 1, 2003.) RULE 8.08 DECLINATION TO SERVE It is insufficient to allege merely that the person named in the decedent’s Will as executor thereof declines to act as such. In addition, a written declination to act, signed by such person, must be filed with the court. (Effective January 1, 2000.) RULE 8.09 (REPEALED) (Repealed January 1, 2008.) RULE 8.10 HEARINGS BEFORE COMMISSIONER OR RESEARCH ATTORNEY The Court Commissioner or the Court’s research attorney may sit as a temporary judge on the stipulation of all parties or their counsel. Notification of use of a temporary judge shall be contained in the tentative rulings issued for sessions to be heard by a temporary judge. Any party who does not wish to stipulate to the temporary judge must notify the other parties and Court by the method stated on the court website by 4:00 p.m. If all parties stipulate to the temporary judge but wish to argue at the hearing, they must notify the Court by the method stated on the court website regarding oral argument and the other parties by 4:00 p.m. one (1) court day before the hearing. A failure to object shall be deemed a stipulation a temporary judge may hear the matter. (Amended July 1, 2026.) RULE 8.11 VOLUNTARY MEDIATION PROGRAM The Court at any time may refer any matters on the probate calendar to a volunteer mediation program. (Effective January 1, 2000.) RULE 8.12 (REPEALED) (Repealed July 1, 2003.) RULE 8.13 WORDING OF PROBATE ORDERS All orders and judgments in probate matters must be complete in themselves; they shall be worded so that their general effect may be determined without reference to the petition upon which they are based. All matters actually decided by the Court, including but not limited to the relief granted, the names of persons and the descriptions of property (including assessor’s parcel number and specific legal description), amounts of money affected, the terms of trusts, and the provisions of leases or other agreements must be set forth with the same particularity required in civil judgments. (Renumbered January 1, 2000.) RULE 8.14 TIME FOR SUBMITTING PAPERS AND ORDERS All papers relating to a probate hearing, including the proposed order prepared by the moving party and any declaration or affidavit of publication, shall be filed or lodged with the clerk at least three (3) court days before the date of hearing. (Amended July 1, 2003.) RULE 8.15 FILING OF OBJECTIONS Objections, including grounds of opposition, to any petition or other pleading filed in probate court must be set forth in writing and filed either as required by statute or, in the absence of specific statutory requirements, at least three (3) court days before hearing on the petition or pleading. If written objection has not been filed in accordance with this rule, the Court in its discretion may either continue the matter to allow compliance with this rule or decide it as an uncontested matter. (Amended January 1, 2008.) RULE 8.16 UNCONTESTED MATTERS A. Appearances in probate matters. Ordinarily, the Court will indicate in the tentative rulings whether a party must appear or need not appear. In the absence of a tentative ruling, a party should appear in court on the hearing date. B. Proposed order in matters submitted without an appearance. Any proposed order should be submitted to the Court at least three (3) court days in advance of the hearing date. (Amended July 1, 2026.) RULE 8.17 PETITIONS FOR INSTRUCTION A. The use of petitions for instructions is limited to those matters for which no other procedure is provided by the statute. B. Petitions for instructions should not be used to determine the manner in which an estate should be distributed. A direction of the Court regarding distribution of an estate will only be furnished pursuant to a petition for distribution or a petition to determine entitlement. C. The petitioner shall set forth in the petition the instructions which petitioner believes the Court should give. (Effective January 1, 2000.) RULE 8.18 MATTERS WHICH MAY BE HEARD EX PARTE Matters which may be heard ex parte include the following: A. Sale of securities; B. Sale of depreciating assets; C. Family allowance (first application before inventory); D. Guardianship and conservatorship investments; E. Appointment of special administrator; F. Appointment of temporary conservator or guardian, providing good cause is shown for the appointment without the required five (5) day notice to the proposed conservatee and petition for appointment of general conservator or guardian is on file or will be filed at same time as the petition for temporary; G. Increase in bond; H. Amendment of title of proceedings; I. Authorization to enter into exclusive listing agreement for sale of real property; J. Preliminary distribution of estate pursuant to Probate Code Section 11623; and K. Authorization to invest in units of a common trust fund. (Effective January 1, 2000.) RULE 8.19 APPLICATIONS FOR FAMILY ALLOWANCE A. Applications made by persons described in Probate Code Section 6540(a). If made before the filing of the inventory, petition for family allowances for persons described in Section 6540(a) may be presented ex parte to the Court. When the petitioner is not the personal representative, consent to the allowance by the personal representative must accompany any ex parte petition. Lack of signed consent of the personal representative requires a noticed motion. After an inventory has been filed, an order may be made or modified only after notice has been given. Any noticed petition made by persons described in Section 6540(a) shall be made under Section 1220. B. Applications made by persons described in Probate Code Section 6540(b). An order for a family allowance made by persons described in Section 6540(b) may be made only after notice of hearing has been given under Section 1220 to all of the following persons: each person listed in Section 1220 and each known heir and devisee whose interest in the estate would be affected by the petition. C. Duration of order. Ordinarily, the duration of an order for family allowance is limited to six (6) months if no inventory has been filed and to one (1) year if an inventory has been filed. A family allowance commences on the date of the Court’s order or such other time as may be provided on the order. D. Proof required for order. The person seeking an allowance shall set forth such person’s income from sources outside the estate, as well as any itemization of the applicant’s separate property and monthly expenses, and shall make an appropriate showing of the assets and liabilities of the estate. COMMENT: The Court discourages requests for retroactive payment of family allowance. Requests for a family allowance should be made in a timely fashion. (Amended July 1, 2026.) RULE 8.20 FEES AND COMMISSIONS Reference is made to California Rules of Court, Rules 7.702, 7.703 and 7.756. In keeping with those rules, this Court requires itemized billing statements for extraordinary commissions and fees in probate matters and trustee’s fees in trust matters. The itemized billings are to include the date of services rendered, a description of services rendered, time spent, and total charged for each item. The Court does not approve trustee’s fees based solely on a percent of the trust estate’s value. (Effective January 1, 2006.) RULE 8.21 CREDITOR’S CLAIMS BY PERSONAL REPRESENTATIVE A noticed motion for approval of a creditor’s claim filed by the personal representative, with service of the notice of motion on the heirs and devisees, is required unless: (1) The claim is for reimbursement of funeral and last illness expenses and proof of payment is attached to the claim; (2) The claim together with all other claims of the personal representative, except for reimbursement of funeral and last illness expenses, is less than $1,000; or (3) All persons beneficially interested in the estate approve the claim in writing. (Amended July 1, 2003.) RULE 8.22 SALE OR ENCUMBRANCE OF SPECIFICALLY DEVISED OR BEQUEATHED PROPERTY Absent written consent by the specific devisee or legatee filed with the court, no specifically devised or bequeathed real or personal property shall be encumbered or offered for sale unless first approved by the Court on fifteen (15) court days’ notice to the specific devisee or legatee. (Renumbered January 1, 2000.) RULE 8.23 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION In addition to items otherwise required by law, a petition for final distribution shall contain the following matters unless set forth in the account and report: A. Assets. A list containing a full and complete description of all assets on hand that are to be distributed is to be set forth in the petition as well as the judgment of distribution. Said description is to include the assessor’s parcel number and a legal description of all real property to be distributed. The petition shall allege whether the property is community or separate. Where the distribution is made pursuant to Section 6402.5, the source of the property shall be alleged. B. Entitlement to distribution. Facts specifically showing the entitlement of each heir or devisee to the portion of the estate to be distributed to that heir or devisee, including any information concerning predeceased children. C. Computation of fees and commissions. A computation of the attorney’s fees and personal representative commissions requested. D. Accounting if distribution to trustee, conservator or guardian. An accounting if assets are to be distributed to a trustee, conservator or guardian. E. Agreement of distribution. An agreement to the distribution signed by each heir with each signature acknowledged must be filed if distribution of assets are to be made in kind and all persons will not share equally in each asset or if the distribution sought is other than that provided by the will or by the laws of intestate succession. The judgment of distribution shall include reference to the agreement which is the basis of the distribution. F. Schedule of claims. 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 claims rejected, 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. G. Testamentary trust. The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference. H. Costs. An itemization of costs for which counsel is seeking reimbursement. Costs of long-distance telephone calls, photocopies, postage, etc. shall be allowed if properly itemized. I. Proration of taxes and costs. A schedule showing the proration of taxes, fees and costs. J. Statement re separate and community property. A statement of what property is separate and what is community and the basis for such characterization. K. Assignment of interest. If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth. L. Distribution to trust. If distribution is to be made to a trust, 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. M. Distribution to minor or conservatee If distribution is to be made to a minor or conservatee, either facts showing compliance with Probate Code Sections 3400 et seq. or current certified copies of letters of conservatorship or guardianship shall be filed. N. Actions under IAEA. All capital transactions and other actions taken under the Independent Administration of Estates Act, including the amounts of any gains or losses. O. Condition of estate. Disclosure of liabilities and other matters necessary to show the condition of the estate. P. Estate taxes. That no federal or California estate taxes are payable or that they have been paid. Q. Income taxes. That income taxes and other taxes have been paid or otherwise provided for. R. Interest-bearing accounts. Whether surplus cash was kept in interest-bearing accounts. (Amended July 1, 2026.) RULE 8.24 REQUIRED FORM OF ACCOUNTS All accounts filed in probate proceedings, including guardianship, conservatorship and trust accounts, shall contain a summary or recapitulation showing: A. Amount of inventory and appraisement, if first account, or amount chargeable from prior court. B. Amount of receipts excluding capital items. C. Gain on sales or other disposition of assets. D. Amount of disbursement. E. Loss on sales or other disposition of assets. F. Amount of property on hand. The required form of summary is as follows: SUMMARY OF ACCOUNT The petition is chargeable, and is entitled to the credits, respectively, as set forth in this summary of account. The attached supporting schedules are hereby incorporated herein by reference: CHARGES Amount of Inventory and Appraisement (Or, if subsequent account, amount chargeable from prior account) $____________________ Receipts during Account Period (Schedule A) $____________________ Gain on Sales (Schedule B) $____________________ TOTAL CHARGES $____________________ CREDITS Disbursements during account period (Schedule C) $____________________ A Loss on Sales (Schedule D) $____________________ Other credits: (Property distributed; homestead or other property set apart Schedule E) $____________________ Property on Hand (Schedule F) $____________________ TOTAL CREDITS $____________________ In all cases the total charges and total credits are to balance. If they cannot be balanced due to an accounting reason, an explanation shall be given in the petition. The summary shall be supported by detailed schedules. The schedules of receipts and disbursements shall show the nature or purpose of each item and date thereof. The schedule of property on hand is to describe each item and indicate the appraised value. Failure to comply with this rule may result in a non-approval of the relief requested in the petition. (Renumbered January 1, 2000.) RULE 8.25 SPOUSAL PROPERTY ELECTION Formal probate of community, quasi-community, or separate property passing or confirmed to a surviving spouse in a decedent’s estate pursuant to Probate Code Section 13502 must be supported by a written election expressly indicating a consideration of the alternative procedures available pursuant to section 13650. Written elections made pursuant to Section 13502 shall contain an express acknowledgment that the inclusion of the property passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees, commissions, and attorney’s fees. (Renumbered January 1, 2000.) RULE 8.26 (REPEALED) (Repealed July 1, 2026.) RULE 8.27 POSTING OF TENTATIVE RULINGS The Court posts probate tentative rulings on its website for the probate calendar by 2:00 p.m. at least one (1) court day prior to the hearing date. The Court from time to time and without modification of this rule may change the date and time of posting or eliminate the tentative ruling system for the probate calendar. Attorneys and parties shall review the tentative rulings prior to the scheduled hearing, notify the opposing side if they intend to appear at the hearing and notify the clerk by the method stated on the court website by 4:00 p.m. the court day preceding the hearing. Where appropriate, the Court issues tentative rulings on conservatorships, guardianships, minor’s compromises, contested matters, matters set at a time other than the regular probate calendar, most matters requiring an appearance, and on such matters as the Court may determine in its sole judgment. (Amended July 1, 2026.) RULE 8.28 (REPEALED) (Repealed July 1, 2003.) RULE 8.29 ADDITIONAL COPY FOR COURT INVESTIGATOR IN CONSERVATORSHIPS AND GUARDIANSHIPS. For all filings in conservatorships and guardianships, including initial petitions and subsequent petitions and motions, the petitioner or moving party and any party responding or objecting shall serve an extra copy on the court investigator and file a proof of service with the clerk’s office. (Amended January 1, 2008.) RULE 8.30 WILLS CONTAINING DISTRIBUTIONS TO A TRUST When a Petition to Administer Estate seeks to admit to probate a will which contains distributions to a trust, notice to all trustees, successor trustees, beneficiaries, and contingent beneficiaries of the trust must be given of the Petition to Administer Estate. A properly authenticated copy of the trust must also be filed with the Petition to Administer. In lieu of filing a copy of the trust, a declaration under penalty of perjury from a party or counsel may be filed stating who the trustees, successor trustees, beneficiaries and contingent beneficiaries of the Trust are. (Effective July 1, 2012.) RULE 8.31 ATTESTATION CLAUSES If the attestation clause of any will sought to be admitted to probate does not contain language stating that the testator “was not acting under duress, menace, fraud, or undue influence,” or language substantially similar thereto, a proof of subscribing witness must be filed in order to prove the will. (Effective July 1, 2012.) RULE 8.32 ASSIGNMENT OF ACTIONS A. All probate, trust and/or estate cases of any type that are filed in, pending in or transferred to the Nevada City Branch, are assigned for all purposes to the judge whose regular assignment is in Department 6. B. Reassignment. These cases and related proceedings may be reassigned as necessary, or as appropriate to the timely and orderly conduct of the Court’s business. (Effective July 1, 2022.)
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.