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Chapter 15 (Rules 15.1 to 15.17): the preamble (Rule 15.1); consolidation of related cases (Rule 15.2); service of a blank LF-PRB-104, Objection to Petition for Guardianship, with proof of service within sixty (60) days (Rule 15.3); captions (Rule 15.4); signing and verification (Rule 15.5); additional notice (Rule 15.6); the wording of probate orders (Rule 15.7); orders and affidavits of publication filed at least three (3) court days before the hearing (Rule 15.8); family allowance (Rule 15.9); petitions for final distribution (Rule 15.10); accounts (Rule 15.11); petitions to establish the fact of death (Rule 15.12); guardianship annual reports (Rule 15.13); tentative rulings under Local Rule 10.12 (Rule 15.14); attorney fees in guardianships, conservatorships and trusts - a written contract where expenses will exceed one thousand dollars ($1,000.00) (Rule 15.15); court investigations of petitions to appoint guardians or conservators (Rule 15.16); and notice of a conservatee's death within ninety (90) days (Rule 15.17).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 15-PROBATE RULES RULE 15.1 - PREAMBLE The rules of this chapter apply to every action and proceeding to which the Probate Code applies. These rules are designed to supplement the Probate Code and Title 7 of the California Rules of Court and to promote uniformity in practice and procedure in San Benito County. In exceptional circumstances and for good cause shown, the court will consider individual exceptions to these rules where not prohibited from doing so by statutory or case law. If a certain law or provision is not addressed in this chapter of the Local Rules of Court, please review the Civil chapter of the Local Rules of Court or the California Rules of Court for information pertinent to the law or provision. (Eff. 7-1-24) RULE 15.2 - CONSOLIDATION OF RELATED CASES (Code of Civil Procedure section 1048; California Rules of Court, rule 3.350) Whenever it appears that two (2) or more petitions with different case numbers have been filed involving the same matter or proceeding, the court will, on its own motion at the earliest opportunity, consolidate all of the matters into the file bearing the lowest number. All documents filed after consolidation must bear the case number of the controlling file. (Eff. 7-1-24) RULE 15.3 - SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS In guardianship cases, Petitioners must serve all named respondents with a blank LF-PRB-104, Objection to Petition for Guardianship at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed. (Eff. 7-1-24) RULE 15.4 - CAPTION OF PETITIONS AND POSTING The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate. (Eff. 7-1-24) RULE 15.5 - SIGNING AND VERIFICATION OF PLEADINGS Any pleading shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP section 446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met. (Eff. 7-1- 24) RULE 15.6 - ADDITIONAL NOTICE REQUIREMENTS A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing. (Eff. 7-1- 24) RULE 15.7 - WORDING OF PROBATE ORDER The moving party shall submit a proposed order for every petition. Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based. Orders may reference attached exhibits where use of the exhibits is meant to safeguard against typographical errors, for example where lengthy property descriptions are involved. Exhibits must reference the case name and number. The preferred practice is to incorporate the exhibit into the order and provide for a judicial signature element at the end of the exhibit (Eff. 7-1-24) RULE 15.8 - TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three (3) court days before the date of hearing. (Eff. 7-1-24) RULE 15.9 - ORDER FOR FAMILY ALLOWANCE The duration of an order for family allowance is limited to six months if no inventory and appraisement has been filed and is limited to one year if an inventory and appraisement has been filed. Comment: The court discourages requests for retroactive (nunc pro tunc) payment of family allowance. Requests for family allowance should be made in a timely fashion. (Eff. 7-1-24) RULE 15.10 - 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) A full and complete description of all assets on hand; b) 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; c) A computation of the attorney fees and representative commissions requested; d) A statement regarding payment of all taxes pursuant to Probate Code §9650; e) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution; f) 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 or rejection with affidavit of mailing to the creditor must be filed; g) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference; h) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items; i) A schedule showing the proration of taxes, fees, and costs; j) A statement of what property is separate and what property is community; k) 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) 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 shall be filed; and, m) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed. (Eff. 7-1-24) RULE 15.11 - ACCOUNTS IN PROBATE PROCEEDINGS a) In any probate proceeding in which an accounting must be filed pursuant to Probate Code section 1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code section 1061 and the original Detailed Schedules as specified in Probate Code sections 1062 and 1063 shall be filed. (See Judicial Council Forms GC- 400-405.) b) For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement”, as defined in Probate Code Section 2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period. As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed. A copy of the Summary of Account referenced in subsection “A” shall be attached to the top of the supporting documents lodged with the court. The documents lodged pursuant to this rule shall be retained by the clerk and returned following judicial review. c) Time for Filing and Lodging of Documents: The Summary of Account and Detailed Schedules shall be filed and supporting documents lodged within ninety (90) days of the close of the accounting period to which they relate. (Eff. 7-1-24) RULE 15.12 - PETITION TO ESTABLISH FACT OF DEATH A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: a) A copy of any instrument relating to any interest in the property; and b) A copy of the death certificate. Comment: There is no statutory provision for the determination by a court for attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character should be made. (Eff. 7-1-24) RULE 15.13 - GUARDIANSHIPS - ANNUAL REPORTS To ensure compliance with the annual reporting requirement of Probate Code §1513.2 and California Rules of Court, Rule 7.1003, a hearing date will be scheduled for no later than one month after the anniversary date of the date of every order appointing a person as a guardian. The clerk will mail to the guardian Judicial Council Form GC-251, Confidential Guardianship Status Report, at least one month before the hearing date. If the report is filed prior to the date for the hearing, no appearance will be necessary unless the court orders otherwise, and the next annual reporting date will be scheduled. (Eff.7-1-24) RULE 15.14 – TENTATIVE RULINGS) Tentative rulings will issue in probate matters pursuant to Local Rule 10.12 (Eff. 1/1/26) RULE 15.15 - FEES AND COMMISSIONS IN GUARDIANSHIPS, CONSERVATORSHIPS AND TRUSTS a) Attorney Fees in General: In determining the reasonable attorney’s fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the court, the court will require compliance with Section 6148 of the Business and Professions Code as follows: i. In any matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees, will exceed one thousand dollars ($1,000.00), there should be a written contract between the attorney and client for services in the matter containing all of the following: ii. The hourly rate and other standard rates, fees and charges applicable to the matter. iii. The general nature of the legal services. iv. The respective responsibilities of the attorney and the client as to the performance of the contract. v. In any guardianship, conservatorship or trust within the jurisdiction of the court where there is no such written contract, reasonable attorney’s fees will be determined by the court using hourly rates that are customary in Shasta County. vi. In any case, attorney’s fees may be denied or reduced below customary or contractually agreed amounts if the court determines that the services have not been performed in an efficient, timely or competent manner. vii. Only legal fees for counsel appointed by the court to represent the conservatee may be approved and included in the Order Appointing Conservator. viii. Where an attorney is the fiduciary and is a member of a law firm, attorneys’ fees will not be allowed unless a declaration is executed by the fiduciary agreeing that the fiduciary will not share in the attorneys’ fees to be received by the firm. b) Guardianships and Conservatorships: i. All petitions for compensation to a guardian, conservator, or attorney for a guardian or conservator shall include the information required by CRC Rules 7.751 and 7.702. The court will evaluate the services as a whole rather than designate part of the services as ‘‘ordinary’’ and part of the services as ‘‘extraordinary.’’ In determining the amount of just and reasonable compensation, the court will consider the factors set forth in CRC Rule 7.756. ii. In the event the attorney has performed bookkeeping and other services for an individual fiduciary, the court may award the fiduciary’s attorney a larger compensation and the individual fiduciary a lesser compensation. iii. The fiduciary may employ tax counsel, accountants or other tax experts for the preparation of tax returns and for other tax related services and pay from the funds of the estate for such services. The court may deduct from the fiduciary’s commission any sums paid from estate funds for performance of the fiduciary’s duties such as ordinary accounting and bookkeeping services. c) Trusts: i. Compensation of Trustees: In determining or approving compensation of a trustee, the court will consider the factors set forth in CRC Rule 7.776. 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 section15680(b). If the instrument is not specific, the court will establish reasonable compensation. ii. Attorney Fees: Compensation for an attorney for the trustee 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. iii. The time for allowing compensation is governed by Probate Code sections 15680- 15688. Petitions for periodic payments must comply with Probate Code section 2643. (Eff. 7-1-24) RULE 15.16 - COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS a) A party petitioning to appoint a conservator or a guardian shall provide all supporting documents in electronic format. If a party must provide them in hard copy format, an extra copy of all supporting documents will be provided to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional hard copy documents filed after the initial petition shall be subject to the same process. b) CONFIDENTIAL REPORTS Any confidential report filed in a guardianship or conservatorship proceeding shall be filed as a separate document, shall contain the word "CONFIDENTIAL" in the caption, and shall be verified by the party presenting it. c) The fee for court investigations in guardianship and conservatorship proceedings is specified in the court’s fee schedule, which is available at the public counter of the clerk’s office or on the court’s web site at www.sanbenito.courts.ca.gov. Unless a fee waiver has been granted, the court investigation fee will be collected at the time of filing of any petition to establish a guardianship in which the proposed guardian is a relative, pursuant to Probate Code section 1513.1. In conservatorship proceedings, the court will determine whether to collect, waive or defer the court investigation fee after the investigator’s report has been completed, pursuant to Probate Code section 1851.5. (Eff. 7-1-24) RULE 15.17 - TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE a) The conservator shall notify the court within ninety (90) days of the death of the conservatee. b) Upon receiving notice of the death of the conservatee, if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052. (Eff. 7-1-24)
CHAPTER 15-PROBATE RULES RULE 15.1 - PREAMBLE The rules of this chapter apply to every action and proceeding to which the Probate Code applies. These rules are designed to supplement the Probate Code and Title 7 of the California Rules of Court and to promote uniformity in practice and procedure in San Benito County. In exceptional circumstances and for good cause shown, the court will consider in
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fix (whitespace only, read on the page; the proofs hold): Rule 15.2's citation set on its own line after the heading, as printed. Review note: Rule 15.15(a)(v) has the court set attorney's fees without a written contract “using hourly rates that are customary in Shasta County” (a review task asks the court). Published as printed: Rule 15.14's heading “TENTATIVE RULINGS)”.
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.