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Chapter 20 (Probate Rules; rules 20-102 to 20-1502): probate notes and the recommended-for-approval practice (Rule 20-102); probate court appointed counsel and their written reports; rejected wills; bond waivers; preliminary distribution; captions, petitions and law and motion; tentative rulings in probate law and motion and discovery matters (Rule 20-603); ex parte orders and special notice (Rule 20-609); property, orders, death and marriage certificates and continuances; sales and broker's commissions; accountings, inventories, compensation and the expedited final account (Rule 20-912); homesteads and family allowance; guardianships (rules 20-1301 to 20-1317); conservatorships, including the court investigator, appointed counsel, accountings and the conservator orientation class (Rule 20-1414); and the required submission of trust instruments (Rule 20-1502).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 20 PART ONE GENERAL PROCEDURAL GUIDE RULE 20-102 PROBATE NOTES (a) Calendar notes are usually available at least two (2) weeks before the hearing date. Notes are available at https://sanbernardino.courts.ca.gov, select “Probate Notes”). (b) When a question arises concerning a particular note, the Probate Examiners may be contacted for clarification of the note by sending an email to ProbateNotes@sb-court.org. (c) When a case (except a petition for appointment of a guardian or conservator) is recommended for approval, the petitioning party or counsel may elect not to appear at the hearing. A non-appearance at the hearing by a petitioning party may be deemed to be a submission on the recommendation in the probate notes. In all instances, appearances shall be made at hearings on petitions for appointment of a guardian or conservator, including the appointment of successors. (Eff. July 1, 1998. Amended January 1, 1999, January 1, 2003, and January 1, 2004. Renumbered as Rule 20-102 and amended, eff. July 1, 2007. Amended, eff. July 1, 2008, and July 1, 2013. As amended, eff. January 1, 2018.) RULE 20-105 PROBATE COURT APPOINTED COUNSEL In addition to the rules set forth in Rule 1400, et seq., appointed counsel in Probate matters must comply with the following: (a) Appointment. All court appointed counsel in probate matters must meet the following requirements: 1. Counsel must meet the qualifications of California Rules of Court, rule 7.1101. 2. Counsel may not have been the subject of any disciplinary proceedings pending or filed during the preceding twelve (12) months. 3. Counsel must complete at least twelve (12) hours of MCLE during counsel’s State Bar reporting period in the subjects of decedent estates, conservatorship/guardianships, or trust administration. 4. Counsel must attend and complete all court appointed counsel trainings offered by the San Bernardino County Superior Court and designated as mandatory for court appointed counsel. 5. Counsel seeking inclusion on the Probate court appointed counsel list must complete the Judicial Council form GC-010, Certification of Attorney Concerning Qualifications for Court Appointment in Conservatorship/Guardianships (“Form GC-010”), then, no later than March 31 of the following year and each subsequent year thereafter, must complete and submit a new Form GC-010. Failure to timely submit Form GC-010 may result in removal from the Probate court appointed counsel list. 6. Appointments are made in order from a list of approved appointed counsel. Once a matter has been assigned to the first name on the list, the next matter will then be assigned to the next person on the list in sequential order, returning to the top of the list once the last person on the list has had a matter assigned. For good cause judicial officers have discretion to appoint or reappoint specific counsel for specific matters. Appointed counsel are not guaranteed a minimum number of appointments or minimum amount of fees. 7. Appointments of counsel are personal and cannot be delegated to other attorneys. Only the attorney appointed by the court may render legal services to the client and appear at hearings. If appointed counsel intends to delegate tasks to another attorney who is under his or her direct supervision, before such delegation, counsel must obtain an amendment of the appointment order to include the name of the supervised attorney. Judicial officers, in their sole discretion, may approve reimbursement for services performed by qualified paralegal staff supervised by appointed counsel pursuant to the Court’s Appointed Services Fee Schedule. 8. Within forty-eight (48) hours of the court’s notification of a proposed appointment, unless a shorter time is ordered by the appointing judicial officer, counsel shall notify the court whether counsel accepts or rejects the appointment. Once counsel accepts an appointment, the court will issue an order making the appointment. If a response is not received within forty-eight (48) hours of the court’s notification of the proposed appointment, counsel is deemed to have waived appointment, and the court may select a new proposed counsel for appointment. Appointed counsel may not reject an appointment based upon the location where the matter is to be heard. Rejecting an appointment may result in appointed counsel being removed from the Probate court appointed counsel list. (b) Education and Experience Requirements for Specific Areas. In addition to the requirements set forth in California Rules of Court, rule 7.1101 et seq., and section (a), counsel appointed by the court must meet the requirements for each specific area(s) of interest selected from the following: 1. General Conservatorships. Counsel appointed to represent conservatees or proposed conservatees in all general Conservatorship proceedings must satisfy the requirements of California Rules of Court, rules 7.1101(c) and 7.1103. 2. Limited Conservatorships. Counsel appointed to represent conservatees or proposed conservatees in limited Conservatorship proceedings must satisfy the requirements of California Rules of Court, rules 7.1101(c) and 7.1103. 3. LPS Conservatorships. Counsel appointed to represent conservatees or proposed conservatees in LPS Conservatorship proceedings must satisfy the requirements of California Rules of Court, rules 7.1101(c) and 7.1103. 4. Guardianships/Minor’s Counsel. Counsel appointed to represent minors/wards or proposed minors/wards in Guardianship proceedings must satisfy the requirements of California Rules of Court, rules 7.1101(c) and 7.1102. 5. Fiduciary Appointments (Including Decedent’s Estate and Trust Administration)/Guardians ad Litem. Counsel appointed to serve as a fiduciary or guardian ad litem must have at least five (5) years in the practice of California law representing or serving as a fiduciary or guardian ad litem in court proceedings. If the relevant experience is in decedents’ estate or trust administration, counsel must have represented parties in at least five (5) different probate or trust administration court proceedings, including three (3) decedent’s estate or trust proceedings from inception through final account and/or order for distribution. 6. Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. Counsel appointed to participate in proceedings involving health care decisions for adults without conservators or tuberculosis detention proceedings/capacity determinations must satisfy the requirements of California Rules of Court, rules 7.1101(c) and 7.1103. Counsel also must have experience in matters relating to medical treatment and bio-ethical issues within the past three years and be familiar with Probate Code section 3200 or Health and Safety Code section 121365 proceedings. These cases often involve complex treatment issues and may require immediate attorney response to medical emergencies. 7. Spousal Legal Capacity. To represent parties in proceedings under Probate Code section 3101, counsel must be familiar with the laws and regulations for Medi-Cal eligibility, including the rules regarding the increase of the Community Spouse Resource Allowance or the minimum monthly maintenance needs allowance, exempt assets, gifting rules, special needs trusts under 42 U.S.C. 1396p(d)(4)(a) and (c), and tax and estate planning ramifications related to Medi-Cal planning. An attorney must also satisfy the requirements of California Rules of Court, rule 7.1103. 8. Special Needs Trust. To represent a party in a proceeding under Probate Code section 3600, et seq., or to establish or fund a trust that is subject to California Rules of Court, rule 7.903, appointed counsel must satisfy the requirements of California Rules of Court, rule 7.1102 or 7.1103. Appointed counsel for such matters must also be familiar with the laws and regulations for eligibility for Supplemental Security Income (SSI) and Medi-Cal, including income and asset limits, exempt assets, special needs trusts under 42 U.S.C. §1396p(d)(4)(a) and (c), ABLE accounts, and the application of MICRA to medical malpractice settlements. (c) Representation. All counsel appointed in a matter under the Probate Code either as guardian ad litem for a party or as counsel for a proposed ward, ward, proposed conservatee, conservatee, or spouse or registered domestic partner must represent the client in accordance with applicable laws and with due diligence, including, but not limited to: 1. Appearing at scheduled proceedings; 2. Establishing and maintaining a meaningful attorney-client relationship by having sufficient direct communication (not through others) with the client, including in-person meetings, timely communicating with the client regarding developments in the case, and conferring with the client prior to the date of each subsequent court hearing; 3. Preparing and timely submitting reports that are complete, thorough and clear; and 4. Discharging the representation in compliance with ethical requirements and cost effectiveness. (d) Fees in Guardianship and Conservatorship Matters. 1. Petitions for fees by counsel for the minor or conservatee in an ongoing case shall be made at least every two (2) years. All other fee claims must follow Local Rule 1400, et seq. with regard to the submission and timeliness of claims. 2. Upon the termination of a guardianship or conservatorship, counsel shall submit all fee petitions to be heard with or before the hearing on the final accounting. 3. All petitions for fees shall include separate subtotals setting forth the number of hours charged at each different hourly rate for which payment is requested. 4. Petitions for fees in violation of these guidelines will be denied absent a showing of good cause. (Eff. January 1, 2025.) RULE 20-106 WRITTEN REPORT FOR APPOINTED ATTORNEYS Written Report. Any attorney appointed by the court must file a written report with a verified statement that: (1) The appointed attorney is an active member of the State Bar of California and no disciplinary actions are pending and none were filed against him or her during the past twelve months; (2) The appointed attorney has professional liability insurance coverage in effect with policy limits consistent with the value of the matter being handled; and (3) The appointed attorney has not represented any party to the proceeding except as stated in the report. The statement must include the name of the party represented and a brief explanation of the representation. Cases where an appointed attorney has represented a private professional conservator or professional fiduciary in the proceeding must be included. (4) A report must be filed with the court in each case in which the attorney is appointed and shall be filed with the court within a reasonable time prior to the applicable hearing. (Eff. January 1, 2015. As amended, eff. January 1, 2018.) PART TWO FORMS, NOTICES, AFFIDAVITS, AND DECLARATIONS RULE 20-205 NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICAL (a) A petitioner who files a petition for letters of administration, letters of administration with will annexed, probate of will and for letters testamentary, to determine succession to real property, or a spousal property petition must comply with this rule if either of the following is true: 1. The petition requests a finding that the decedent died intestate when a will and/or codicil has been lodged as an original with the court or a copy of a will and/or codicil has been otherwise filed with the court. 2. The petition requests probate of or distribution under a will and/or codicil, and a different will and/or codicil has been lodged as an original with the court or a copy has otherwise been filed with the court. (b) The petitioner shall serve a copy of the rejected will and/or codicil on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition. (c) This rule does not apply if any of the following is true: 1. The petition requests probate of or distribution under a will that purports to have been executed after the date rejected will and/or codicil and that expressly revokes all prior wills. 2. The petition is for letters of administration or distribution under intestate succession and the rejected will and/or codicil provides for distribution that is identical to intestate succession and does not appoint a party other than petitioner to serve as executor. (Eff. January 1, 2018.) PART THREE EXECUTORS AND ADMINISTRATORS (RESERVED) PART FOUR BONDS RULE 20-401 REQUEST FOR BOND WAIVER All requests for waiver of bond must be accompanied by a declaration from the requesting party providing the following information: (a) Whether the estate is solvent. (b) The name and address of any known or reasonably-ascertainable, unsecured creditors of the estate, including contingent liabilities. (c) The estate’s estimated liability to these unsecured creditors, including contingent liabilities. (d) Estimated tax liabilities of the estate. (e) A detailed description of the efforts taken to obtain the information required by this rule. (Eff. January 1, 2024.) PART FIVE INDEPENDENT ADMINISTRATION RULE 20-501 PRELIMINARY DISTRIBUTION If there is to be a distribution from an estate to a trustee who has not yet been appointed, the trustee must file with the court a consent to act as trustee before the distribution is ordered. If there is a proposed distribution to a Trustee, the Trustee shall file a consent to Act prior to the court’s approval of the distribution. (Former Rule 504, rev. Dec. 1993. Renumbered as Rule 501, eff. July 1, 1998. Renumbered as Rule 20-501, eff. July 1, 2007. As amended, eff. January 1, 2018.) PART SIX PETITION, MOTIONS, INVENTORIES, AND ORDERS RULE 20-601 CAPTIONS All captions shall include a reference to the Probate Code section and/or any other statutory authority that authorizes the relief requested. (Rev. Dec. 1993. Renumbered as Rule 20-601, eff. July 1, 2007. Amended, eff. July 1, 2013. As amended, eff. January 1, 2018.) RULE 20-602 PETITIONS AND LAW AND MOTION DEFINED (a) An application for relief based upon the Probate Code must be brought as a petition. An application for relief based upon the Code of Civil Procedure or Civil Code must be brought as law and motion. (b) Unrelated requests for relief may not be filed together and must be filed in separate pleadings. (Eff. January 1, 2025.) RULE 20-603 TENTATIVE RULINGS IN PROBATE LAW AND MOTION AND DISCOVERY MATTERS Prior to the hearing, a Probate department may issue a tentative ruling in a law and motion matter, in the sole discretion of the assigned judicial officer. Probate departments electing to issue tentative rulings in law and motion and discovery matters follow Cal. Rules of Ct., Rule 3.1308(a)(2). Counsel and litigants are responsible for determining whether the department hearing their motion has made this election. If such election by the assigned judicial officer is made, the following shall apply: (a) Those departments issuing tentative rulings will do so no later than 3:00 p.m. on the court day preceding the scheduled hearing. (b) Any party who wishes to orally argue the motion may appear on the date and at the time set for hearing. No notice of intent to appear is required. (c) If no one appears for a hearing for which a tentative ruling has been issued and the Court has not been notified that all parties submit on the tentative ruling, the Court may take the matter off calendar or order the tentative ruling become the final ruling. The Court may also make a different ruling than that set forth in the tentative ruling at the time of the hearing. (d) The Court will not entertain a request for continuance unless stipulated by all parties, and no further papers may be filed once the tentative ruling has posted. (e) The party prevailing on the motion shall serve all parties with written notice of the Court’s ruling. (f) Nothing in this rule requires a tentative ruling be issued on all law and motion matters. (g) Tentative rulings will be posted on the Court’s website, https://sanbernardino.courts.ca.gov/, where further information can be found. Parties may notify the department that they submit to the tentative ruling at the number listed in the Court’s contact information, found here phoneroster.pdf (sanbernardino.courts.ca.gov/). (Eff. January 1, 2025.) RULE 20-605 COMPLETE ADDRESS IN PETITION OR REPORT (a) When an address is required in a petition or report a full and complete mailing address should be set forth, or a special allegation made explaining why the petitioner cannot comply with this requirement. (b) Nothing herein is intended to or should prevent an immediate filing of the original petition although complete addresses are unknown but may be ascertained within a few days. New or corrected addresses should be reported to the probate procedures clerk in writing when the fact becomes known and appropriate steps to give proper notice shall be taken. (Rev. Dec. 1993. Renumbered as Rule 20-605 and as amended, eff. July 1, 2007.) RULE 20-609 EX PARTE ORDERS WILL NOT BE GRANTED UNLESS SPECIAL NOTICE IS WAIVED If any such notice has been requested, the ex parte application must contain a waiver of the request, a declaration that the requesting party was given at least twenty-four (24) hours’ telephonic notice of the application, or a statement that the subject of the application is not covered by Probate Code section 1250(c). (Rev. Dec. 1993. Amended, eff. July 1, 1998. Renumbered as Rule 20-609, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-611 SPECIFICALLY BEQUEATHED PROPERTY A petition for sale of stock or personal property must allege whether the property is specifically bequeathed. If the property is so bequeathed, the consent of the legatee must accompany the petition. (Eff. July 1, 1998. Renumbered as Rule 20-611, eff. July 1, 2007.) RULE 20-612 REAL PROPERTY DISTRIBUTION ORDERS Orders containing provisions for the distribution of real property shall set forth a mailing address of the distributee. (Former Rule 614, rev. Dec. 1993. Renumbered as Rule 612 and amended eff. July 1, 1998. Renumbered as Rule 20-612, eff. July 1, 2007.) RULE 20-613 PETITIONS RELATING TO REAL AND PERSONAL PROPERTY (a) Copies of Deeds. Where the petition affects title to real property such as, Spousal Property Petition, Petition to Determine Succession to Real Property, and Probate Code §850 Petitions, a copy of the deed(s) by which the decedent acquired titled must be attached to the petition. (b) Ownership Documents. Where the petition affects title to personal property such as, Spousal Property Petition, and Probate Code §850 Petitions, a copy of the supporting document(s) which shows decedent’s ownership must be attached to the petition. (c) Encumbrances. Where the petition affects title or change of title to real or personal property, such as Spousal Property Petition, Petition to Determine Succession to Real Property and Probate Code §850 Petitions, the petition shall include a statement listing all encumbrances (such as, but not limited to, liens, mortgages, and third-party claims) to the subject property. (Eff. January 1, 2024; amended, eff. January 1, 2025.) RULE 20-614 PROBATE ORDERS (a) All petitions, orders or decrees shall be prepared and submitted by the petitioner or attorney involved. The caption shall clearly and fully identify its contents. A caption merely entitled "Petition" or "Order" is incomplete and shall not be used. (b) All orders or decrees in probate matters must be complete in themselves. They shall set forth all matters actually passed upon by the court, the relief granted, the names of any persons affected, the descriptions of any property affected and the amounts of any money affected. Probate orders should be sufficiently clear that their general effect may be determined without reference to the petition on which they are based. (c) While in orders settling accounts it is proper to use general language approving the account, the report, and the acts reported therein, it is not sufficient in any order to recite merely that the petition as presented is granted or that the relief sought in the petition on file is given. Orders settling accounts or orders made on waivers of account must also contain a statement as to the balance, the dates included in the accounting period, and description of the estate on hand, specifically noting the amount of cash included in said balance. (d) Three (3) lines of the contents of the order must appear on the page upon which the Judge’s signature is affixed. In no case should any matter appear after the signature of the judge. (Former Rule 613, rev. Dec. 1993. Renumbered as Rule 614 and amended, eff. July 1, 1998. Amended eff. January 1, 2004. Renumbered as Rule 20-614, eff. July 1, 2007. As amended, eff. January 1, 2018, and January 1, 2025.) RULE 20-615 FILING OF COPY OF DEATH CERTIFICATE AND MARRIAGE CERTIFICATE (a) A copy of the decedent’s and/or settlor’s death certificate, with the decedent’s and/or settlor’s social security number redacted, shall be filed with any Petition for Probate (Probate Code, § 7000 et seq.), Petition to Determine Succession to Real Property (Probate Code, § 13150 et seq.), Spousal Property Petition (Probate Code, § 13500 et seq.), and any Trust Petition. (b) A copy of the Petitioner and Decedent’s marriage certificate must be filed with all Spousal Property Petitions (Probate Code, § 13500, et seq.) and all petitions and motions where a determination whether property is characterized as community property is requested or required. (Eff. January 1, 2023. As amended, January 1, 2025.) RULE 20-616 CONTINUANCES (a) If a matter is not ready for hearing at the call of the calendar, it will be continued to a date at least four (4) weeks in the future, unless good cause is shown otherwise. Any matter continued two (2) previous times because the matter is not ready for hearing may be ordered off calendar or denied at the sole discretion of the judicial officer presiding at the hearing. (b) If a party does not intend to proceed on any matter on the date set, that party must, no later than 4:30 p.m. on the second court day preceding the hearing date, inform the Judicial Assistant of the department in which the matter is set to be heard and the other parties. Failure of the moving party to comply with this Rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling. This Rule shall not apply to matters for which a tentative ruling has been posted pursuant to Local Rule 20-603. (Eff. January 1, 2025.) PART SEVEN CREDITORS' CLAIMS (RESERVED) PART EIGHT SALES RULE 20-801 CONDOMINIUMS, COMMUNITY OR COOPERATIVE APARTMENTS (a) A condominium, community or cooperative apartment is an interest in real property and must be sold as such. The overbid on such assets will be computed on the same basis as in sales of real property, and brokers' commissions will be allowed on the same basis as in sales of real property. (b) The sale of a cooperative apartment must be approved by the Board of Directors or other governing body prior to court confirmation of sale. Therefore, the prospective purchaser should obtain acceptance before seeking Court confirmation. (Former Rule 805, rev. Dec. 1993. Renumbered as Rule 801, eff. July 1, 1998. Renumbered as Rule 20-801, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-803 TANGIBLE PERSONAL PROPERTY (a) Necessity for Appraisal. Whenever a court order is being requested to approve or confirm the sale of tangible personal property, whether such order is or is not required by the Probate Code, an appraisal by a probate referee must first be made and filed. When necessary, a partial inventory and appraisal may be filed for this purpose, or a letter appraisal may be obtained from the court appointed referee or an alternate appraiser if authorized in accordance with Probate Code Section 8903. (b) Commissions. Commissions on sales of tangible personal property will be allowed only to one holding a broker's license authorizing him to deal in the type of property involved. A commission will be allowed on the original bid only when the commission is requested in the return of sale. The amount of the commission is within the court's discretion. (Former Rule 811, rev. Dec. 1993. Renumbered as Rule 803, eff. July 1, 1998. Renumbered as Rule 20-803, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-806 BROKER’S COMMISSIONS (a) On sales subject to court confirmation, unless justified by special circumstances, the court will not approve payment of a broker's commission in excess of (1) six percent (6%) as to sales in which a broker procured the bid presented to court for confirmation or (2) three percent (3%) as to sales in which no broker procured the original bid presented for confirmation. (b) Special circumstances may include the fact that the property has an appraised value or sales price of $10,000.00 or less or the property is undeveloped land. Under such circumstances the court will not approve payment of a broker's commission in excess of (1) ten percent (10%) as to sales in which a broker procured the bid presented to court for confirmation; or, (2) five percent (5%) as to sales in which no broker procured the bid presented for confirmation. (Eff. July 1, 1998. Renumbered as Rule 20-806, eff. July 1, 2007. Amended, eff. July 1, 2008.) RULE 20- 807 COURT CONFIRMATION OF PRIVATE SALES (a) Bid Deposit. Ten percent (10%) of the total sales price must be deposited with the personal representative. However, exception may be made under special circumstances, for example when the sale is FHA or VA financed. (b) Junior Deeds of Trust. The court will approve the taking of a promissory note secured by a junior deed of trust upon a showing that it serves the best interests of the estate. (c) Vesting of Title. The petition for confirmation must set forth the vesting of title in the buyer. The court will not confirm a sale to a "nominee". (d) Specifically Devised or Bequeathed Property. A sale of specifically devised or bequeathed real or personal property ordinarily will not be confirmed unless the written consent of the specific devisee or legatee is filed with the petition for confirmation. (e) Notice of Hearing on Report of Sale and Petition for Order Confirming Sale of Real Property. In addition to all notices of hearings on return of sale required by law, notice should be given to (1) any specific devisee of such property, (2) any agent for the bid being presented to court, and (3) all beneficiaries, heirs, or other parties entitled to notice. (f) Earnest Money Deposit by Increased Bidder. When a sale is confirmed to an overbidder, the overbidder, at the request of the personal representative, must submit at the time of the hearing cash or a certified or cashier's check in the amount of ten percent (10%) of the initial overbid. The personal representative should notify all known anticipated overbidders of this requirement. (g) Overbid Form. The personal representative or counsel may obtain from the court clerk a form to be completed on the overbid. This form is to be returned to the clerk before the order confirming the sale will be signed. (Former Rule 823, rev. Dec. 1993. Renumbered as Rule 807 and amended, eff. July 1, 1998. Amended, eff. July 1, 2006. Renumbered as Rule 20-807, eff. July 1, 2007. As amended, eff. January 1, 2018.) PART NINE ACCOUNTS, FEES AND DISTRIBUTIONS RULE 20-901 ACCOUNTING REVIEW DATES Accounting review dates are scheduled by the court in matters where an accounting is required. Accountings (or a status report in probate proceedings) shall be filed thirty (30) days prior to the accounting review date. This rule is applicable to probate, guardianship, conservatorship and trust accountings. (Eff. July 1, 1998. Amended, eff. January 1, 2003, and July 1, 2003. Renumbered as Rule 20-901 and amended, eff. July 1, 2007. Amended, eff. July 1, 2013.) RULE 20-904 EXTRAORDINARY COMPENSATION Applications for extraordinary compensation will not be considered unless both the caption and prayer of the petition, and the notice of hearing of the petition, contain a reference to the application for extraordinary compensation. Such applications must be accompanied by an itemized description of services rendered, time expended, and hourly rate. Ordinarily, a request for extraordinary compensation is made when a petition for final distribution is filed. All requests for fees shall include separate subtotals setting forth the number of hours charged at each different hourly rate for which payment is requested. (Former Rule 907, rev. Dec. 1993. Renumbered as Rule 904 and amended eff. July 1, 1998. Amended eff. January 1, 2003, and July 1, 2003. Renumbered as Rule 20-904 and amended, eff. July 1, 2007. As amended, eff. July 1, 2016.) RULE 20-906 DESCRIPTION OF ASSETS All petitions for distribution shall contain an allegation as to the character of the property, whether separate or community. The petition for distribution must describe in detail all property to be distributed, either in the body of the petition or in the prayer, or by a schedule incorporated in the petition for reference. (Former Rule 909, rev. Dec. 1993. Renumbered as Rule 909, eff. July 1, 1998. Renumbered as Rule 20-906, eff. July 1, 2007.) RULE 20-907 MANNER OF ASSET DISTRIBUTION (a) Detail of proposed distribution shall be set forth in the body of the petition. Terms of the will as to disposition of property and what is to be distributed under the laws of intestate succession shall be set forth. (b) If there are unresolved issues regarding construction of the will, heirship or succession, the petition should frame each of those issues for resolution by the court. (c) The decree of distribution, whether or not an accounting has been waived, must set forth specifically the manner in which the estate is distributed by showing the distributee's name, address and a description of the property or cash to be distributed. The order for distribution must be prepared so the judge’s signature is at the end. No exhibits or schedules shall follow the judge’s signature. In the event of the distribution of real property: (1) the property must be referenced by street address (if any), Assessor’s Parcel Number, and legal description; and (2) the address of the distributee must be set forth. (Former Rule 910, rev. Dec. 1993. Renumbered as Rule 907 and amended eff. July 1, 1998. Renumbered as Rule 20-907 and amended, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-908 INVENTORIES AND ACCOUNTINGS (ESTATES & TRUSTS) In decedent’s estate and trust proceedings, copies of bank account statements and investment account statements verifying the balance of cash and securities on hand must be attached to all inventories and accountings. Letter verifications from the financial institution stating the balance as of the applicable date may be substituted for copies of statements. Substantial variation between the statement or verification and the balance reflected in the inventory or account shall be explained. (Adopted eff. January 1, 2000. Renumbered as Rule 20-908 and previously amended, eff. July 1, 2007. Previously amended, eff. January 1, 2018. Amended eff. January 1, 2024.) RULE 20-909 COSTS GENERALLY NOT ALLOWED COUNSEL OR ADMINISTRATOR Duplicating, telephone, fax and other costs in probate and trust estates. Ordinarily the court will not allow reimbursement for costs of duplication of documents, telephone calls, postage, FAX (except court charges), parking fees or ordinary mileage incurred by the attorney, personal representative or trustee, as these are part of overhead, and should be absorbed in fees or commissions The personal representative shall not be reimbursed for mileage, parking fees or any other travel expenses incurred in connection with their appearance before the court to qualify as the personal representative unless they have waived their statutory commission. (Eff. July 1, 2003. Amended, eff. January 1, 2005. Renumbered as Rule 20-909 and amended, eff. July 1, 2007.) RULE 20-910 ESCROW CLOSING STATEMENTS Copies of escrow closing statements must be filed with all accounts covering a period during which estate real property was sold. (Eff. January 1, 2007. Renumbered as Rule 20-910, eff. July 1, 2007.) RULE 20-911 RESERVES AFTER FINAL ACCOUNT If, upon approval of a final account, the Court authorizes a reserve exceeding $5,000 then an informal accounting of any expenditures or distributions from the reserve shall be filed, together with receipts for the expenditures and distributions, as an attachment to the Ex parte Petition for Final Discharge and Order. (Eff. January 1, 2018. As amended, eff. January 1, 2023.) RULE 20-912 EXPEDITED FINAL ACCOUNT AND FINAL DISTRIBUTION-DECEDENT’S ESTATES Parties may seek Court approval of a Final Account or Waiver of Account and Petition for an Order for Final Distribution (“Final Account”) without the need for a hearing if all the conditions set forth in this rule are met. 1. Upon filing, the Final Account shall be set for Future Hearing. a. A Final Account (or Waiver of Account) and Report of the Personal Representative, Petition for Approval of Statutory Commissions and Attorney Fees, Reimbursement of Expenses Advanced (if any) and for Final Distribution must be filed. b. A Final Account must conform to California Probate Code, California Rules of Court, Local Rules, and any applicable case law and/or statutes. c. The filing of the Final Account will trigger a hearing to be set on the Court’s calendar in the event the matter must proceed by hearing. d. The description in the caption of all documents filed under this rule must include the words: “Expedited Final Account.” 2. A Stipulation Must Be Filed with the Final Account. To qualify for an Expedited Final Account, all interested persons must stipulate in writing to the Final Account and must agree to waive the right to a hearing as follows: a. The written Stipulation must include the following: (1) A statement that the interested persons agree to advance the accounting hearing on the Final Account. This statement must include the hearing date set as a result of the filing of the Final Account (see 1.c., above); (2) A statement that the interested persons agree to have the Court take the Final Account under submission; (3) A statement that the interested persons agree to waive their right to a hearing on the Final Account; (4) A statement that the interested persons agree to waive notice of the hearing on the Final Account; (5) A statement that the interested persons waive all objections to the Final Account and specifically agree to the Final Account and prayer for relief stated in the Final Account. (6) A statement that the interested persons agree they have each received a copy of and have read the Final Account. b. All interested persons must sign the Stipulation. c. The description in the caption of the Stipulation must include the words: “Expedited Final Account.” d. Each person who has filed a Request for Special Notice must sign the Stipulation or withdraw the Request for Special Notice. e. In cases involving a sole distributee of the estate only, the sole distributee must file a written, signed Stipulation containing all statements required in 2.a. of this Local Rule. 3. A Proposed Order for the Final Account Must Be Filed. a. The Proposed Order must specify the department and Judicial Officer assigned to the case but need not reflect a date and time for the accounting hearing. b. The last line before the Judicial Officer’s signature must state the following: “Ex Parte Petition for Final Discharge is due by _______.” (The Court will fill in the date if approved for signature). c. The description in the caption of the Proposed Order must include the words: “Expedited Final Account.” d. The Proposed Order must comply with Local Rules 20-612 and 20-614. 4. Other Requirements a. A copy of the final escrow closing statement must be included with the Final Account if any real property was sold during the accounting period. b. Proof of Satisfaction of all allowed creditor claims must be included/attached to the filed Final Account. c. The Final Account must comply with Local Rule 20-908 as to all applicable bank accounts and investment accounts. d. A copy of the entire subject trust instrument, including any amendments, attachments, schedules and exhibits must be filed in the case if there is a pour-over will or a distribution to a trust. e. If a reserve over $5,000 is requested, Petitioner(s) must submit an informal accounting on the reserve with the Ex Parte Petition for Final Discharge. This requirement cannot be waived. (See Local Rule 20-911) 5. Final Accounts Ineligible for Expedited Procedure Requests for a. extraordinary fees b. discretionary orders including but not limited to assignments of interest to third-party inheritance companies, or c. requests for distributions to minor child(ren) will render accounts ineligible for the Expedited Final Account procedure set forth in this rule and must not be included. 6. Nothing in this rule limits the Court’s discretion to conduct any hearing on the Final Account pursuant to Probate Code section 11002. The Court may exercise its discretion at any time and require that the Final Account proceed at the hearing initially set in 1.a of this Rule. (Eff. January 1, 2024. As amended, eff. July 1, 2024.) PART TEN DISPOSITION WITHOUT PROBATE AND PETITIONS TO SET ASIDE SMALL ESTATES (RESERVED) PART ELEVEN FAMILY PROTECTION RULE 20-1101 HOMESTEADS A petition for order setting apart probate homestead should contain the following information: (a) The name and current residence address of the surviving spouse (if any) and of all surviving minor children. (b) The date of birth of each surviving minor child. (c) The dates of filing of all inventories, supplemental inventories, and amended inventories. (d) As to the property on which the homestead is sought: Its legal description (or identifying data in the case of personal property); its common address (or location); the nature of the property (single family residence or other); whether it is community, quasi- community, or separate property of the decedent; whether any third party has an interest or claim thereto; whether it is specifically devised or bequeathed and, if so, to whom; its appraised value; the nature, amount, and basic details concerning all encumbrances; the period of time during which it has been (if it has) the principal residence of the person or persons on whose behalf the homestead is sought; any other facts which will assist the Court in determining that the property is the most appropriate to be set aside. (e) The period of time for which the homestead is sought. (f) The needs of the surviving spouse and minor children, including a statement of what other residential facilities, if any, are available to them; whether the surviving spouse has remarried; whether the minor children are in the care and custody of someone other than the surviving spouse. (g) The needs of the heirs or devisees of decedent. (h) The intent and estate plan of decedent, if any, and how such was manifested. (i) An itemization of all creditor's claims by name of claimant and amount, as well as the status of each claim. If time for filing claims has not expired, there should be a similar itemization of all known or suspected debts or claims against decedent as to which claims have not yet been filed. The extent to which (1) liquid assets, and (2) other non-exempt assets are available to satisfy claims and specific cash bequests. (Former Rule 1201, rev. Dec. 1993. Renumbered as Rule 1101, eff. July 1, 1998. Renumbered as Rule 20-1101, eff. July 1, 2007.) RULE 20-1102 PETITION FOR FAMILY ALLOWANCE (a) Necessary Allegations. All petitions for family allowance must state facts to show that the allowance prayed for is necessary and reasonable including: (1) The solvency of the estate; (2) Whether others are entitled to family allowance; (3) Approximate needs of the applicant, with reference to his or her standard of living; and (4) A general itemization statement of the applicant's property and income. (b) Ex Parte Petitions Before Inventory. (1) Petitions for family allowance presented ex parte and without notice granted before inventory will not be granted for a period in excess of six (6) months. (2) If the petitioner is not the personal representative, consent to the allowance or a waiver of notice by the personal representative must accompany the petition. (c) Notice of Petition Before Inventory. The court may grant the family allowance for longer than six (6) months before inventory on a noticed hearing. (d) Petition After Inventory or Any Subsequent Petition. If application is made after the inventory has been filed, or is a second or subsequent petition, it should be noticed and placed on the calendar. Subsequent orders will be limited to a definite period. (Former Rule 1202, rev. Dec. 1998. Renumbered as Rule 1102, eff. July 1, 1998. Renumbered as Rule 20-1102, eff. July 1, 2007.) PART TWELVE PETITIONS TO SET ASIDE SPOUSAL PROPERTY RULE 20-1201 REQUIRED ALLEGATION IN SUPPORT OF CLAIMED PROPERTY AS PASSING OR BELONGING TO SURVIVING SPOUSE If a community or quasi-community property claim is based on any document, a copy of the document showing signatures shall be attached to the petition. If counsel or the party reasonably believes that disclosure of the document would be detrimental to third parties, they may request the court to file the document confidentially. (Former Rule 1301, rev. Dec. 1993. Renumbered as Rule 1201 and amended, eff, July 1, 1998. Amended eff. January 1, 2003. Renumbered as Rule 20-1201 and amended, eff. July 1, 2007. Amended, eff. July 1, 2013. As amended, eff. January 1, 2018.) PART THIRTEEN GUARDIANSHIPS OF MINORS RULE 20-1301 APPOINTMENT OF GUARDIAN OFMINOR Probate Code Section 2106 provides that the court in its discretion may issue letters of guardianship of the person or estate, or both, of more than one minor upon the same application. In proper cases the court will appoint a guardian of the person or estate of more than one minor, but only if the minors so joined have a common parent. (Former Rule 1401, rev. Dec. 1993. Renumbered as Rule 1301, eff. July 1, 1998. Renumbered as Rule 20-1301, eff. July 1, 2007.) RULE 20-1302 SUPPORTING DOCUMENTATION Petitions for appointment will be filed with all supporting documentation. When known, the full names, including middle names, of the petitioner(s), the minor(s), the mother and father must be set forth in all petitions for guardianship. When the father(s) is/are listed as “unknown,” a copy of each minor’s birth certificate shall be filed with the guardianship petition or a declaration stating why it is unavailable shall be filed. Petitioner shall make every effort to file the certificate with the court prior to or at the hearing on the appointment petition. (Former Rule 1402, rev. Dec. 1993. Renumbered as Rule 1302, eff. July 1, 1998. Amended eff. January 1, 2003. Renumbered as Rule 20-1302, eff. July 1, 2007. Amended, eff. January 1, 2014.) RULE 20-1304 ORDER PRESCRIBING AND DISPENSING NOTICE RE APPOINTMENT GUARDIAN (a) Orders Prescribing Notice are not normally submitted to the court. The court will determine which persons must be given notice based upon the requirements of the Probate Code. (b) All requests to dispense with notice for persons who are unknown to petitioners; or are deceased; or who cannot reasonably be located after a good faith, diligent search has been completed, must be accompanied by a fully completed declaration of Due Diligence form. These forms may be obtained in the Probate Clerk’s office and Probate Courthouse. (1) Requests to dispense with notice to an unknown father require the filing of a certified copy of the minor’s birth certificate with the declaration of Due Diligence. Testimony and/or a declaration under the penalty of perjury may also be required regarding any knowledge or information about the father’s identity. (Former Rule 1404, rev. Dec. 1993. Renumbered as Rule 1304 and amended, eff. July 1, 1998. Amended, eff. July 1, 2006. Renumbered as Rule 20-1304, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1305 GUARDIANSHIP QUESTIONNAIRE AND INVESTIGATIONS (a) A Guardianship Questionnaire shall be completed, signed and filed with all petitions for probate guardianship. The Guardianship Questionnaire form (San Bernardino County Local Form SB-18074) is available at the court’s website or the probate clerk’s office. Each proposed guardian shall complete, sign and file a separate Guardianship Questionnaire, even if they are married and/or living in the same household. (b) A Termination of Guardianship – Parent Questionnaire form shall be completed, signed and filed with all petitions to terminate probate guardianship that are filed by a parent. The Termination of Guardianship – Parent Questionnaire form (San Bernardino County Local Form 13-19740-360) is available at the court’s website or the probate clerk’s office. Each petitioner shall complete, sign and file a separate Termination of Guardianship – Parent Questionnaire, even if they are married and/or living in the same household. (Former Rule 1405, rev. Dec. 1993. Renumbered as Rule 1305, eff. July 1, 1998. Amended, eff. July 1, 2006, and January 1, 2007. Renumbered as Rule 20-1305, eff. July 1, 2007. Amended, eff. July 1, 2013, and July 1, 2015. As amended, eff. January 1, 2018.) RULE 20-1306 CONSULTATION WITH OTHER DEPARTMENTS RE HABEAS CORPUS OR CUSTODY PROCEEDINGS Where a petition for guardianship of the person of a minor is pending, and where it appears to the court that a custody proceeding or a writ of habeas corpus concerning the same minor is pending in any other department of the superior court, proceedings will be suspended until a consultation can be had between the judge of the probate department and the judge of the department in which such proceeding or writ is pending and a determination made as to whether or not such matter should be heard separately or a consolidation arranged. (Former Rule 1408, rev. Dec. 1993. Renumbered as Rule 1306, eff. July 1, 1998. Renumbered as Rule 20-1306, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1307 GUARDIANS OF THE PERSON WHEN ADOPTION PROCEEDINGS ARE PENDING A guardian of the person of a minor will not be appointed if adoption proceedings are pending unless a report is filed under authority of Section 1513 of the Probate Code by the appropriate officer or investigator with the State Department of Social Services authorizing the granting of said guardianship. (Former Rule 1409, rev. Dec. 1993. Renumbered as Rule 1307, eff. July 1, 1998. Renumbered as Rule 20-1307, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1308 INCREASING AND DECREASING BOND OF GUARDIAN When an increase in the guardian's bond is ordered, the court favors the filing of an additional bond rather than filing of a substitute bond; and where a decrease in the liability of the guardian's bond is ordered the court favors the use of an order decreasing liability under the existing bond rather than the filing of a substitute. (Former Rule 1410, rev. Dec. 1993. Renumbered as Rule 1308, eff. July 1, 1998. Renumbered as Rule 20-1308, eff. July 1, 2007.) RULE 20-1309 DUTIES OF GUARDIAN - LIABILITY OF PARENTS TO SUPPORT CHILD As there is a statutory liability upon the parents to support their children when one or both parents are living, the court will not permit guardianship funds to be used for the minor’s benefit except upon a showing of circumstances which would justify the court in departing from this rule in the best interest of the minor. (Former Rule 1412, rev. Dec. 1993. Renumbered as Rule 1309 and amended, eff. July 1, 1998. Renumbered as Rule 20-1309, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1311 ACCOUNTS OF GUARDIANSHIP (a) The verified account is to be filed 30 days prior to the date set by the court for the review hearing. When a guardian accounts for the assets of more than one minor, the accounting for each minor must be set forth separately. (b) Where payment for guardianship services is requested to be allowed to be made to third persons acting on behalf of a guardian, those persons shall sign a verification stating that they performed the services on the dates specified and received payment in the amount, if any, set forth in the account. The verification shall be attached to the account for the period in which the services were rendered. (c) Duplicating, telephone, fax and other costs in guardianship estates - ordinarily the court will not allow reimbursement for costs of duplication of documents, telephone calls, FAX (except court charges), parking fees incurred by the attorney or guardian or ordinary mileage incurred by the attorney or guardian, as these are a part of overhead, and should be absorbed in fees or commissions. The guardian is not reimbursed for the expenses of his or her trip to qualify, unless the guardian is waiving his or her fee. (d) Private professional or licensed guardians or conservators who provide bank or investment account statements pursuant to Probate Code section 2620(c) shall provide two sets of documents under separate cover. The first set shall be filed with the court and shall include the account statements for the period preceding appointment (if a first accounting) and the periods for the start and end of the accounting period pursuant to Probate Code section 2620(c)(2). The second set shall be lodged with the court separately and shall include the account statements for the rest of the accounting period pursuant to Probate Code section 2620(c)(3). The court shall retain all documents lodged pursuant to Probate Code section 2620(c)(3) until the court’s determination of the accounting has become final, at which time the documents shall be returned to the person who lodged them or delivered to any successor appointed by the court. The court will accept copies (as opposed to originals) of documents supporting accountings that are required by Probate Code section 2620(c). Copies of documents shall be marked and filed as exhibits to the accounting. The original documents, where available, shall be maintained by the parties and produced to the court upon its request. (e) If all guardianship funds are held in a blocked account(s), in lieu of a formal accounting, the guardian may file Summary of Account – Standard and Simplified Accounts (Judicial Council Form GC-400(SUM)/GC-405(SUM)) and attach all bank statements for the period of the account. (f) No account balance may be larger than the amount covered by FDIC insurance. (g) Financial institution accounts must be vested in the name of the fiduciary (e.g., [Name of Probate Guardian] as guardian of the estate of [Name of Probate Guardianship Minor]). (Former Rule 1417, rev. Dec. 1993. Renumbered as Rule 1311 and amended, eff. July 1, 1998. Amended, January 1, 2000. January 1, 2003, July 1, 2003, January 1, 2005, July 1, 2006, and January 1, 2007. Renumbered as Rule 20-1311 and amended, eff. July 1, 2007. Amended, eff. July 1, 2008, July 1, 2013, and January 1, 2014. As amended, eff. January 1, 2018.) RULE 20-1312 GUARDIANSHIP INVENTORY AND APPRAISAL Copies of investment account statements verifying the balance of cash and/or securities on hand must be attached to all Inventories and Appraisals. Letter verifications from the financial institution stating the balance as of the applicable date may be substituted for copies of the statements. Substantial variation between the statement or verification and the balance reflected in the inventory must be explained or reconciled. (Eff. July 1, 2008.) RULE 20-1315 APPOINTMENT OF COUNSEL IN GUARDIANSHIPS OF MINORS (Eff., July 1, 2003. Amended, eff. July 1, 2006. Renumbered as Rule 20-1315, eff. July 1, 2007. Amended, eff. January 1, 2014; July 1, 2016; and January 1, 2018. Repealed eff. January 1, 2025.) RULE 20-1317 NOTICE TO INCARCERATED PERSONS Pursuant to Probate Code section 1460(e), when a person who is to receive personal notice of a guardianship proceeding is incarcerated in a jail or prison at the time of the filing of the Petition for Guardianship, the court may find that service upon the incarcerated person by certified mail is legally sufficient. Such a request for alternative service shall be accompanied by a declaration explaining why it would be a hardship for the petitioner to personally serve the incarcerated person. (Eff., January 1, 2007. Renumbered as Rule 20-1317, eff. July 1, 2007.) PART FOURTEEN PROBATE CONSERVATORSHIPS RULE 20-1401 APPOINTMENT OF COURT INVESTIGATOR In all conservatorship cases the court investigator will conduct an investigation. To obtain the investigation, the following forms must also be prepared and filed with the petition: Medical Capacity Declaration; an Order Appointing Court Investigator, Judicial Council Form GC-330; and a Court Investigator's referral form, Local Form SB360. (Former Rule 1501, rev. Dec. 1993. Renumbered as Rule 1401 and amended, eff. July 1, 1998. Renumbered as Rule 20-1401, eff. July 1, 2007. Amended, eff. July 1, 2013. As amended, eff. January 1, 2018.) RULE 20-1402 APPOINTMENT OF COUNSEL IN CONSERVATORSHIPS (Former Rule 1502, rev. Dec. 1993. Renumbered as Rule 1402, eff. July 1, 1998. Renumbered as Rule 20-1402 and amended, eff. July 1, 2007. Previously amended, eff. January 1, 2014, July 1, 2016, January 1, 2018, and January 1, 2024. Repealed eff. January 1, 2025.) RULE 20-1403 RESPONSIBILITIES OF THE CONSERVATOR (a) In addition to Determination of Conservatee’s Appropriate Level of Care (Judicial Council Form GC-355), each conservator shall file, a Confidential General Care Plan for the conservatee within 60 days of appointment as conservator. The general care plan shall be on Local Form SB-101120, (b) The conservator of an estate must maintain all of the conservatee's liquid assets in the name of the conservatorship. (c) A conservatee is not permitted to manage his estate without Court approval, except as to a reasonable allowance under Probate Code Section 2421 or as to earnings under Probate Code Section 2601. Allowances of not more than $100.00 per month will be approved under Section 2403, without prior Court authorization. All other allowances should be presented to the Court for prior authorization under Section 2421. (Former Rule 1504, rev. Dec. 1993. Renumbered as Rule 1403 and amended, eff. July 1, 1998. Renumbered as Rule 20-1403, eff. July 1, 2007. Amended, eff. July 1, 2016. As amended, eff. January 1, 2018.) RULE 20-1404 INVENTORY AND APPRAISAL (a) A proof of service indicating compliance with the service requirements of Probate Code section 2610(a) must be attached to a filed Inventory and Appraisal. (b) A successor conservator shall not be required to file an Inventory and Appraisal for assets received from the prior conservator, but instead shall sign and file a receipt for such assets. The assets listed on the receipt so filed shall constitute the beginning balance for purposes of accounting by the successor conservator. A conformed copy of the receipt shall be provided to the prior conservator. (c) Copies of investment account statements verifying the balance of cash and/or securities on hand as of date of appointment must be attached or filed confidentially to all Inventories and Appraisals. Letter verifications from the financial institution stating the balance as of the applicable date may be substituted for copies of the statements. Substantial variation between the statement or verification and the balance reflected in the inventory must be explained or reconciled. (Former Rule 1505, rev. Dec. 1993. Renumbered as Rule 1404, eff. July 1, 1998. Amended, eff. July 1, 2006, and January 1, 2007. Renumbered as Rule 20-1404 and amended, eff. July 1, 2007. Amended, eff. July 1, 2008. As amended, eff. January 1, 2018.) RULE 20-1405 SUBSTITUTED JUDGMENT - CREATION OF TRUSTS Refer to California Rule of Court, rule 7.903. (Eff. July 1, 1998. Renumbered as Rule 20-1405, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1406 ACCOUNTINGS (a) If the conservatorship also involves the person of the conservatee, the accounting petitions shall state the conservatee's residences during the accounting period. (b) Requests to waive interim accountings under Probate Code section 2628 may be made on an ex parte basis. All final accountings, including estates qualifying under section 2628, shall be set for hearing. In all cases in which the conservator seeks an order dispensing with a formal accounting pursuant to section 2628, the beginning and ending dates of the accounting period sought to be waived must be specified. An order dispensing with the filing of a formal accounting does not relieve the conservator from the duty of filing subsequent 2628 petitions or, where the estate no longer qualifies, a formal accounting pursuant to section 2620. If, after payment of court approved conservator's and attorneys' fees, it appears to the satisfaction of the court that the estate will continue indefinitely to meet the requirement of section 2628, the court may dispense with future accountings. (c) Where payment for conservatorship services is requested to be allowed to be made to third persons acting on behalf of a conservator, those persons shall sign a verification stating that they performed the services on the dates specified and received payment in the amount set forth in the account. The verification shall be attached to the account for the period in which the services were rendered. (d) Duplicating, telephone, fax and other costs in conservatorship estates- ordinarily the court will not allow reimbursement for costs of duplication of documents, (telephone calls, postage, FAX (except court charges), parking fees or ordinary mileage incurred by the attorney or conservator, as these are part of overhead, and should be absorbed in fees or commissions. The conservator is not reimbursed for the expenses of his or her trip to qualify, unless the conservator is waiving his or her fee. (e) The petition for approval of an account must identify any funds on deposit in a blocked account. Proof of deposit and the blocked account status must be filed with the accounting, which may include bank statements clearly indicating that the funds are held in blocked accounts or a document on letterhead of the financial institution with an original signature of a bank representative. (f) No account balance may be larger than the amount covered by FDIC insurance. (g) Financial institution accounts must be in the name of the Conservator (e.g., [Name of Conservator] as conservator of the estate of [Name of Conservatee]). (Former Rule 1507, rev. Dec. 1993. Renumbered as Rule 1406 and amended, July 1, 1998. Amended January 1, 2000, July 1, 2003, January 1, 2005, July 1, 2005, and July 1, 2006. Renumbered as Rule 20-1406 and amended, eff. July 1, 2007. Amended, eff. July 1, 2008, July 1, 2013 and January 1, 2014. As amended, eff. January 1, 2018.) RULE 20-1407 COURT INVESTIGATOR REVIEW/FEES (a) The Court Investigator shall review all conservatorships as ordered by the court pursuant to the requirements of the Probate Code including section 1850. This review shall include a personal interview with the conservator of the estate to examine conservatorship records and assets. (b) The court may assess the conservatee for each review conducted by the Court Investigator. (c) Court investigator fees for reviews shall be paid within one (1) year from the date of assessment unless payment is deferred or waived by the court. (d) Any waiver of court investigator fees ordered by the court shall be limited to the fees imposed for a specific investigation, and not for any longer or indefinite period, unless the order specifically states otherwise. (e) The court may review an order deferring payment of court investigator fees at the conclusion of the conservatorship, or at any earlier time, to determine whether the conservatee or his/her trust should then be held responsible for payment of the court investigator fees. (Former Rule 1509, rev. Dec. 1993. Renumbered as Rule 1407 and amended, eff. July 1, 1998. Amended, January 1, 2003. Renumbered as Rule 20-1407, eff. July 1, 2007. Amended, eff. July 1, 2013. As amended, eff. January 1, 2018.) RULE 20-1408 CHANGE OF RESIDENCE OF THE CONSERVATEE All notices of change of residence pursuant to Probate Code section 2352(e)(1) and 2352(e)(3) must be served upon the court investigator and filed with the Probate Clerk’s Office. Such notices must include the new telephone number for the conservatee. (Former Rule 1511, rev. Dec. 1993. Renumbered as Rule 1408 and amended, eff. July 1, 1998. Renumbered as Rule 20-1408 and amended, eff. July 1, 2007. As amended, eff. January 1, 2018.) RULE 20-1414 CONSERVATOR ORIENTATION CLASS (a) Each proposed non-professional conservator must participate in and complete a conservator orientation class prior to the hearing on the petition his or her appointment as conservator. This class may be taken in person or online. (b) Proof of compliance with this rule must be filed with the court before or at the time of the hearing on the petition. (c) The Public Guardian, the Inland Regional Center, and corporate fiduciaries, banks and other entities authorized by law to conduct the business of a trust company are also exempt. (d) Private LPS conservators are required to attend the orientation only once, prior to the hearing for approval of their initial appointment. (Eff. July 1, 2009. As amended, eff. January 1, 2018.) PART FIFTEEN TRUSTS RULE 20-1502 REQUIRED SUBMISSION OF TRUST INSTRUMENT A copy of the entire subject trust instrument(s), including all amendments thereto and all attachments, schedules, and exhibits to the instrument(s), must be submitted with any petition based upon a trust filed with the court. It may be filed confidentially. (Eff. July 1, 2006. Renumbered as Rule 20-1502, eff. July 1, 2007. Amended, eff. July 1, 2008, and July 1, 2009. As amended, eff. January 1, 2018.)
CHAPTER 20 PART ONE GENERAL PROCEDURAL GUIDE RULE 20-102 PROBATE NOTES (a) Calendar notes are usually available at least two (2) weeks before the hearing date. Notes are available at https://sanbernardino.courts.ca.gov, select “Probate Notes”). (b) When a question arises concerning a particular note, the Probate Examiners may be contacted for clarification of the note by sending an email to Probat
Reviewer note: Composed 2026-10-07 (California T4 San Bernardino build 2026-10-07) from BenchPath custody ca/t4/ca-san-bernardino/docs/local-rules/rulesofcourt.pdf (1185461 bytes, sha256 d6522f541ac18b5d604318763e09eff2cb8c22c4442a284858e16d3a7bf12d97; 130 pages; this chapter is pages 85 to 107) with the shared verbatim composer (v2 reflow). The book is a redline (“All new content has been underlined. Content to be deleted is stricken through”): the struck-through text is not in force and was taken out as chrome, the underlined text kept; the running header (Superior Court of California, County of San Bernardino), the page numbers and Word's hidden bookmark labels removed as chrome; the front matter, subject index and local forms lists belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only, read on the page; the proofs hold): the history note “Rule 20-908” without the text layer's extra space, and the closing clause of Rule 20-912 5. set on its own line.
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.