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Rule 14 (Rules 14.0 to 14.59, with Appendices A to C): organization, general rules and court reporters (Rules 14.0 to 14.2); obtaining a hearing date, petitions requiring an appearance and hearings - guardianships Tuesdays at 1:30 p.m., elder abuse restraining orders in conservatorship matters Wednesdays at 1:30 p.m., other appearance matters Monday, Tuesday, and Wednesday at 9:00 a.m. (Rules 14.3 to 14.5); review of files, proposed orders submitted at least ten (10) court days in advance, continuances (status hearings at least five (5) court days before) and earlier hearing dates (Rules 14.6 to 14.9); law and motion and tentative rulings (Rule 14.10); ex parte applications and petitions, notice and pleadings (Rules 14.11 to 14.15); bonds and blocked accounts (Rule 14.16); decedents' estates - special administration, petitions for probate, wills, claims, sales, broker's commissions, accounts, distribution, family allowance, borrowing, instructions and final discharge (Rules 14.17 to 14.42); contested hearings and settlements (Rule 14.43); compromise of claims (Rule 14.44); temporary guardianships and conservatorships (Rule 14.45); guardianship and conservatorship (Rules 14.46 and 14.47); trusts funded by court order and special needs trusts (Rules 14.48 and 14.49); compensation and fees (Rules 14.50 to 14.58); and e-filing (Rule 14.59); with the Checklist of Common Problems and Reasons for Delay (Appendix A), the Ex Parte Guidelines for Probate (Appendix B) and the probate fee schedules (Appendix C).
California > First Appellate District > San Francisco County > Superior Court of California, County of San Francisco
14 Probate and Mental Health Division 14.0 Organization and Administration. The Probate and Mental Health Division handles matters involving decedents’ estates, trusts, guardianships of children, conservatorships of adults, mental health treatment, CARE Act Court and dependent adult/elder abuse restraining orders when related to an existing conservatorship. More information regarding the Probate and Mental Health Division is available online at https://sf.courts.ca.gov/divisions/probate-court. 14.1 General Rules and Information. A. These rules apply to all matters filed in the Probate and Mental Health Division except where otherwise noted. The rules supplement the Probate Code and the California Rules of Court. The California Rules of Court may be found online at https://www.courts.ca.gov/rules.htm. CARE Act Court rules are found at https://sf.courts.ca.gov/divisions/civil-division/care-act-court B. Telephone numbers for the Probate Department are as follows: Courtroom Clerk: 415- 551-3702; Probate Department: 415-551-3650; the Court Investigators: 415-551-3657; the status of calendared matters and the information recordings: 415-551-4000. C. Remote Participation in Probate and Mental Health Court Proceedings and Remote Access by the Public 1) Remote Appearance for Probate Proceedings in the Probate Department. a. Probate Proceedings Not Noticed as Evidentiary Hearing or Trial. A party or counsel may appear in‐person or remotely by video or telephone at any proceeding set in the Probate Department not noticed as an evidentiary hearing or trial unless the Court orders an in‐person appearance for the particular proceeding. It is not necessary for a party or counsel to file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance. b. Probate Proceedings Noticed as Evidentiary Hearing or Trial. Evidentiary hearings and trials held in the Probate Department will not be conducted through the use of remote technology unless the Court orders otherwise. A party, counsel or witness must file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance at a proceeding noticed as an evidentiary hearing or trial. 2) Remote Appearance for Probate Ex Parte Proceedings. A party, counsel or witness may appear in‐person or remotely at any ex parte proceeding held pursuant to LRSF 14.11, 14.17 or 14.45 unless the Court orders otherwise. It is not necessary for a party, counsel or witness to file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance at an ex parte proceeding. 3) Remote Appearance for Mental Health Proceedings. a. Mental Health Proceedings Not Noticed as Evidentiary Hearing or Trial. Parties and counsel may appear remotely for mental health proceedings unless the Court orders otherwise. It is not necessary for a party or counsel to file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance. b. Mental Health Proceedings Noticed as Evidentiary Hearing or Trial. Dispositive evidentiary hearings on mental health petitions to establish or renew a conservatorship, as well as hearings on petitions for habeas corpus and petitions for special powers, involving the presentation of sworn testimony will be held remotely, unless the Court orders otherwise. It is not necessary for a party, counsel, or witness to file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance. 4) Objections to Remote Appearance(s). A party, counsel, or witness objecting to the requirement that they appear remotely at an evidentiary hearing or trial or opposing a remote appearance by another party, counsel or witness at any proceeding must file and serve an OPPOSITION TO REMOTE PROCEEDINGS AT EVIDENTIARY HEARING OR TRIAL (form RA-015) at least three court days before the proceeding at issue. The party opposing the remote proceeding must deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (RA-020) to the clerk at least three court days before the proceeding at issue. 5) Procedure for Making Remote Appearance. For current instructions for remote appearances for proceedings in the Probate Department, go to https://sf.courts.ca.gov/divisions/probate-court. 6) Petitioner or Moving Party to Give Notice of Directions for Remote Appearances and Access. The petitioning or moving party must include with their notice of hearing or notice of motion the procedures for making a remote appearance by Zoom and CourtCall, as well as remote public access, as set out at https://sf.courts.ca.gov/divisions/probate-court. 7) Remote Hearings and the Rules of Conduct. Remote hearings are formal court proceedings. During remote hearings, you are in the presence of the Court. The standards of conduct that apply to personal appearances apply to remote hearings. 14.2 Court Reporters. The Court will provide a court reporter for mental health (LPS) hearings only. A Court Reporter will not be available for any other Probate proceeding, including evidentiary hearings and non-jury trials. Parties may privately arrange to have a certified Official Pro Tempore Court Reporter present for hearings by following the procedures set out in CRC 2.956. For evidentiary hearings or trials requiring more than two Court mornings, please see the local rule for court reporters in civil trials. Pursuant to GC § 69955, the notes of the Official Pro Tempore Court Reporter are the official records of the Court and shall be maintained or delivered to the Clerk of the Court in paper and/or electronic form after the hearing. More information is available online at https://sf.courts.ca.gov/divisions/court-reporters. Fee waiver recipients who desire a verbatim record of a court proceeding must notify the court in writing by filing a Request for Court Reporting or Electronic Recording [Local Form SFCIV-019]. a timely notice, a timely request or other form of written notification. For more information see https://sf.courts.ca.gov/divisions/court-reporters. 14.3 Obtaining a Hearing Date. Hearing dates are obtained at the time of the filing of a petition to the Clerk of the Court. Hearing dates are not given by telephone. See LRSF 14.10 for Law and Motion and Discovery hearings. If a case has been initiated for an estate, a trust, or any protective proceeding, any subsequent petition must be filed in that existing case. Parties must confirm that no case already exists for their petition. If a new case is opened where a case already exists, the new case will be consolidated with the earlier case. 14.4 Petitions Requiring an Appearance. A. The following matters require the appearance of counsel, self-represented parties, and/or other parties at the hearing: 1) Petitions for Appointment of Guardian or Conservator. a. In a guardianship matter, appearance by the proposed guardian is required. The proposed ward is required to appear only for guardianships of the person or person and estate. An appearance by the proposed ward is not required if the petition seeks to establish only a guardianship of the estate. b. In a conservatorship matter, appearance by the petitioner, the proposed conservator, and proposed conservatee is required, unless excused by the Court. 2) Termination of guardianship or conservatorship. Conservatee must appear, unless a conservatorship is terminated by operation of law (upon conservatee’s death). Minor must appear, unless a petition to terminate a guardianship by operation of law (when minor attains majority) is accompanied by a final account (or by waiver of final account pursuant to LRSF 14.46.D.2). 3) Confirmation of sales of real property. Appearance by counsel is required even if a continuance is needed to correct procedural issues. 4) Petition for instructions. 5) Petition for probate of lost or destroyed will. Oral testimony will be taken only when requested by the Court. 6) Petition to establish Special Needs Trust with bond and/or accounts to be waived. Petitioner’s attorney and proposed beneficiary must appear if the special needs trust waives bond and/or account. B. All other matters (except as otherwise provided by law) may ordinarily be submitted without an appearance. Evidence to support such nonappearance matters must be contained in a petition verified by the petitioner and/or declarations under penalty of perjury timely filed before the hearing date. 14.5 Hearings. A. Guardianship. Petitions for appointment of a guardian and special status hearings ordered by the Court are heard on Tuesdays at 1:30 p.m. B. Conservatorship. Petitions for appointment of a general or successor conservator, special status hearings as ordered by the Court, and hearings on termination based on any circumstance other than by reason of the death of the conservatee, exhaustion of the estate, or authorized transfer of estate assets, are heard on Thursdays at 9:00 a.m. C. The Probate Division will hear requests for Elder or Dependent Adult Abuse Restraining Orders related to conservatorship matters on Wednesdays at 1:30 p.m. D. Law and Motion matters are specially set by the Courtroom Clerk. E. All other matters requiring an appearance are heard on Monday, Tuesday, and Wednesday calendars at 9:00 a.m. Sales are heard first. Contested matters requiring a hearing time of more than 20 minutes may be specially set at the time of the scheduled hearing or trials will be placed on the end of the regular morning calendar if time allows. Hearings requiring more than two half-days will normally be referred to the Department of the Presiding Judge. 14.6 Review of Files Prior to Hearing. A. If a probate matter scheduled on a Monday, Tuesday, or Wednesday at 9:00 a.m., is unopposed and approved by the Examiner, it will be presented to the Court for signature (“pre-granted”) and no appearance of any party will be necessary. If the matter is not approved because it fails to satisfy statutory requirements or procedures of the Court, the Examiner will either prepare formal notes setting forth such defects or post them in the tentative ruling. In order to permit the party to address the procedural or statutory deficiencies before the hearing and to avoid the need for an appearance, the Examiner will post issues in the tentative ruling or send notes to a self-represented party or the represented party’s attorney. The Examiner may continue the matter to the next available court calendar for compliance. If procedural or statutory defects are not cured, or if non-approval is based on other issues, the matter may be put on the appearance calendar. B. Counsel or parties may telephone the tentative rulings line (415-551-4000) or visit the Court’s website (https://sf.courts.ca.gov/)prior to the hearing to determine whether a matter has been approved, continued, or placed on the appearance calendar. 14.7 Submission of Proposed Order and Other Documents Before Date of Hearing. A. Order. 1) A proposed order must accompany each petition at the time of its filing. Failure to submit the proposed order at least ten (10) court days in advance may result in a continuance to the next available court calendar. For cases with numbers beginning with PGN (Guardianship) or PCN (Conservatorship), a hard copy of the proposed order must be delivered to the Probate Window in Room 103, regardless of electronic submission. For all other case types, the proposed order must be electronically submitted or a hard copy delivered to the Probate Window in Room 103. The order must indicate the scheduled hearing date noted on the face sheet. The proposed order must be prepared on the assumption that the petition will be granted. (See also LRSF14.59.E.) 2) A proposed order must be complete in itself in that it must set forth, with the same particularity required of a judgment in a civil matter, all matters actually passed on by the Court, such as: the date of the hearing, necessary findings, the relief granted, the names of the interested parties, and descriptions of property or amounts of money affected. 3) A proposed order must be drafted so that its general effect may be determined without reference to the petition on which it is based and must include only those findings requested in the petition. 4) Any party lodging a proposed order in a contested matter must file proof of service of the proposed order on all parties entitled to notice of the petition. 5) The Court will not sign orders where the last page includes only the signature line and there should be at least three lines between the last line of the order and the signature line. 6) The Clerk will not return an endorsed-filed copy of the order that has been electronically submitted; but the Clerk will return up to two (2) endorsed-filed copies of orders if additional hard copies are provided with a self-addressed stamped envelope of sufficient size and postage. 7) After an order has been issued and filed it can only be corrected by Court order. Such an order may be obtained by a verified petition, normally ex parte without an appearance in the case of a clerical error or minor changes. See LRSF 14.11 B.3). B. Other Documents. The Probate Department adopts LRSF 2.7 B. with the following clarification and exception: 1) A “courtesy copy” is an endorsed-filed, single-sided copy. [CRC 2.102 and 2.117.] 2) In order for supplemental or opposition papers to be considered by the Court prior to the hearing, or for supplements, amendments, or fully amended pleadings addressing issues raised by an Examiner to be reviewed prior to a continued hearing, unless otherwise directed by the Court, papers must be filed at least seven (7) court days before the hearing, and the filing party must deliver courtesy copies to the Examiners or Investigators at least five (5) court days before the hearing with the scheduled hearing date noted on the face sheet and any cover letter. Papers may not be faxed or emailed unless directed by the Examiner. C. Filing and Courtesy Copies of Pleadings. Pleadings must be filed, and courtesy copies must be delivered. D. Petitions Requiring a Court Investigation. File-stamped copies of petitions requiring a court investigation report must be dropped off to Room 103 Probate, within five days of filing. 14.8 Continuances. A. Requested by Counsel. If a petition scheduled in Dept. 204 on a Monday, Tuesday, or Wednesday morning has not yet been assigned to an Examiner, a request for continuance may be made by email to: probcontinue204@sftc.org no earlier than fourteen (14) days prior to the assigned hearing date. Counsel or any self-represented party in an uncontested matter may request a continuance by contacting the reviewing Examiner or by filing an ex parte petition or making a request in open court. A request for continuance of a guardianship or conservatorship matter must be made to the Assistant Probate Director. Examiners do not review matters for hearings on Tuesdays at 1:30 p.m. or Thursdays at 9:00 a.m., and there are no tentative rulings for those calendar hearings. Any party seeking a continuance must confer with all other counsel and self-represented parties to seek agreement regarding the continuance. The Court will decide whether to grant the request and, if so, set any new date(s). Probate sales will not be continued except for good cause, and appearance of counsel at the time of the hearing is required. B. Continuances by the Court. When an attorney or self-represented party fails to appear at a hearing, the matter may be dropped from the calendar unless a further continuance has been requested. The Court may drop the matter from the calendar where successive continuances have been requested but no satisfactory progress is evident. If the hearing is required and there is no appearance, an Order to Appear may be issued. C. Probate Examiners will only grant a request for continuance of a status hearing if it is made at least five (5) court days prior to the hearing date. If a continuance is not granted prior to the status hearing, an appearance is required. Examiner continuances are final, not subject to contest under LRSF 14.10 B. 14.9 Earlier Hearing Dates in Guardianship or Conservatorship. A party seeking to obtain an earlier date than the one set at the time a petition for appointment of a guardian or conservator is filed must file an ex parte petition to advance the hearing. [See LRSF 14.11 A.] 14.10 Law and Motion. All Probate law and motion matters including discovery motions are heard in the Probate Department. Once a matter has been referred to the Department of the Presiding Judge, motions for priority setting or for change of trial date are heard by the Department of the Presiding Judge. A. Procedures in Probate Department. 1) The moving party must phone the Probate Department courtroom at 415-551-3702 to obtain a hearing date and time. All moving papers must be ready to be filed at the time the hearing date is requested and must be filed within two (2) court days after receipt of the hearing date and time. If moving papers are not filed within two (2) court days after receipt of the hearing date and time, the Court may release the reservation of that hearing date and time and allow another matter to be calendared on that date and time, if necessary. The moving party must then obtain a new hearing date and time. 2) After the moving party files the motion and related papers, the moving party must deliver two (2) courtesy copies to the Probate window in Room 103, attention Probate Law and Motion. If a motion challenges the sufficiency of a pleading already on file, the moving party must also supply a courtesy copy of that prior pleading. Two (2) courtesy copies of all subsequent filings relating to the motion must be delivered to the Probate window in Room 103, attention Probate Law and Motion. B. Tentative Rulings. 1) The Probate Department adopts CRC 3.1308(a)(1) as the tentative ruling procedure in probate law and motion and discovery matters. 2) Parties may obtain a tentative ruling issued by the Probate Department by telephoning 415-551-4000 or visiting the Court’s website (https://sf.courts.ca.gov/). Tentative rulings are generally available by 3:00 p.m. the court day before the hearing. A tentative ruling that does not become available until after 3:00 p.m. is a late tentative ruling. A late tentative ruling will indicate that the ruling is late. If a late tentative ruling is issued and no counsel or self-represented party appears at the hearing, the Court will adopt the tentative ruling. If a tentative ruling is late, and the parties do not agree to submit to the late tentative ruling then (1) the Court will conduct a hearing and (2) any party who appears may request a change to the late tentative ruling, and (3) the failure of a party to appear will not prevent the Court from proceeding with the hearing and potentially changing the tentative ruling. 3) Unless an appearance is required, any party contesting the tentative ruling must notify opposing counsel and advise the Court by calling the Probate Department courtroom clerk at 415-551-3702 no later than 4:00 p.m. the court day before the hearing. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. 14.11 Ex Parte Applications or Petitions. (See Appendix B.) A. Ex Parte Applications or Petitions Requiring an Appearance . 1) Filing and Setting. The Probate Department hears an ex parte calendar at designated hours Monday through Friday. Hearing date is obtained when the petition is filed. The petitioner must deliver the proposed order and a courtesy copy of the ex parte petition to the Probate window in Room 103 no later than noon on the day before the hearing. 2) Petitions for Letters of Special Administration. See LRSF 14.17. Letters of Special Administration may be extended either by an ex parte petition or by an appearance. 3) Opposition Papers. Any party opposing an ex parte application or petition must deliver a courtesy copy of the opposition to the Probate window in Room 103 before the ex parte hearing. 4) See LRSF 14.45 for appointment of Temporary Guardianships and Conservatorships B. Presentation of Ex Parte Applications or Petitions Not Requiring an Appearance (“Drop-off”). 1) Generally: For ex parte petitions not requiring a personal appearance (see Appendix B), a courtesy copy of the petition and the proposed order must be delivered to the file clerk at the Probate window in Room 103. The court may instruct parties to file a fully noticed petition unless specific statutes permit the relief on an ex- parte basis. Petitions required to be fully noticed and set for hearing by governing statute cannot be filed as drop-off ex parte petitions. 2) Expedited Review: When there is demonstrable urgency, the petitioner may request that the ex parte petition be reviewed on an expedited basis by submitting the papers with the blue cover sheet available at the Probate window in Room 103. If an ex parte petition has already been filed, but the petitioner then wishes to have the same petition reviewed on an expedited basis, the blue cover sheet must clearly indicate that the ex parte petition was already filed and not yet adjudicated. 3) Correcting a Prior Order: A filed order can only be corrected by Court order. Such an order may be obtained by a verified petition, normally ex parte in the case of a clerical error or minor changes. The basis for the correction must be set forth. C. Citations. Where a Court order is required for the issuance of a citation, a courtesy copy of the petition setting forth the relief requested, with hearing date affixed, must be submitted together with a courtesy copy of a separate ex parte petition requesting a Court order allowing the issuance of a citation. A proposed order must also be submitted, which order will direct the Clerk's Office to issue a citation. Said petition may be submitted ex parte with no appearance required. If a second citation is required for the same petition, such citation may be obtained by declaration and presentation of the new citation. D. Elder Abuse Temporary Restraining Orders. A party seeking a temporary restraining order under the Elder Abuse or Dependent Adult Civil Protection Act that is related to a pending conservatorship case must file the application with the clerk at the Probate window in Room 103. If a party submits a completed request for a Temporary Restraining Order before 10:00 a.m., the Court order will be available after 2:30 p.m. that same day. If a party submits a completed request after 10:00 a.m., the Court order will be available after 2:30 p.m. the following court day. E. Order Prescribing Notice. Where an order prescribing notice is required, the petition must allege the names and addresses of all individuals to whom notice is required to be given and the method suggested. F. Guardian Ad Litem. Petitions for the appointment of a guardian ad litem in a probate matter may be presented ex parte without an appearance. Petitions for the appointment of a guardian ad litem in all other matters are to be presented to the Department of the Presiding Judge. A proposed guardian ad litem must be an attorney or a person represented by an attorney. An attorney who represents a proposed guardian ad litem must file a consent to act or notice of appearance as counsel of record for the proposed guardian ad litem. Unless excused by the Court, a party seeking a guardian ad litem for an adult with a disability, must file: 1) Proof of Personal Service showing that the Notice of Hearing and a copy of the Petition for Appointment of Guardian Ad Litem were personally served upon the person with the disability. The order will not be signed until at least five days after notice has been given. 2) A capacity declaration executed by a physician who is familiar with the person with the disability – either using the Judicial Council form used in conservatorships or in a declaration. 14.12 Appointment of Referee. At the time of appointment of a personal representative, trustee, guardian, or conservator, the Probate Referee will be appointed on the order appointing the fiduciary. If a Probate Referee appointment is necessary after the fiduciary’s appointment or in a decedent’s estate where the fiduciary was appointed prior to January 1, 2013, the San Francisco form Request for Appointment of Probate Referee [PRB-PES-003] must be filed. A courtesy copy of the request and proposed Order Appointing Probate Referee [PRB-PES-00] must be delivered to the Probate window in Room 103. Current contact information for probate referees may be found at the following website: Probate Referee Contact Information | California State Controller's Office. 14.13 Procedural Questions. Court staff will not generally answer procedural questions and are prohibited from giving legal advice or rendering advisory opinions. 14.14 Notice. A. Generally. Notice may not be mailed, served, or published before the filing of the pleading requiring notice. For purposes of this rule, the “filing of the pleading” occurs when the pleading requiring notice appears on the Court’s register of actions (and becomes publicly viewable in decedent estate and trust cases). Under the provisions of Probate Code § 1202, the Court may require additional notice in any matter. The Court may also require a copy of the petition to be served with the notice. In appropriate circumstances, the Court may require the appointment of and notice to a guardian ad litem for potential beneficiaries. B. Ex Parte Applications or Petitions Requiring an Appearance. If the ex parte application or petition requires a hearing (see Appendix B), the petitioning counsel or self-represented party must notify all interested or opposing parties by fax, telephone, or email no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC 3.1203 and CRC 3.1204. The requesting party must deliver a courtesy copy of a declaration regarding notice in compliance with CRC 3.1204 to the attention of the staff attorney for the Probate Department no later than 12:00 p.m. on the day before the scheduled hearing. C. Ex Parte Applications or Petitions Not Requiring an Appearance. If the ex parte application or petition does not require a hearing (see Appendix B), the petitioning counsel or self-represented party must provide notice to all interested or opposing parties. The notice must indicate the date, chosen by the filing party, not before which the ex parte petition will be reviewed. Either three (3) days’ telephonic notice or five (5) days’ mailed notice must be given to all interested parties after the ex parte petition is filed. A proof of service must be filed, showing when telephonic or mailed notice was served (at least three days or five days, respectively, before the date shown on the face of the notice). No notice is required for ex parte petitions by Court-appointed attorneys seeking payment of fees from the Controller’s Office of the City and County of San Francisco and ex parte petitions to increase bond. D. Successor Personal Representative. On a petition for appointment of a successor personal representative, no publication of the notice is required. Notice shall be given in the manner provided in Probate Code § 8100 et seq. E. Trusts Funded by Court Order. Notice of all petitions relating to a trust funded by a court order must be given to all interested government agencies. F. Notice to Sureties on Petitions to Remove Trusts from Court Supervision. Notice must be given to the surety who has filed a court bond in a proceeding for any petition for removal of a trust from court supervision in which the trustee has posted bond. G. Requests for Special Notice. When a Request for Special Notice has been filed on behalf of an heir in an intestate estate, direct notice must also be given to the intestate heir unless there is a written directive in the file that is signed by the heir and indicates that notice to the attorney or other party requesting special notice is sufficient. 14.15 Pleadings. A. Format of First Page. In addition to the requirements of CRC 2.111 and 7.102, all pleadings must also show the name and representative capacity, if any, of the party for whom the attorney is appearing, e.g., John Jones, Executor. "Petitioner" or "Respondent" alone is not sufficient. B. Titles of Pleadings. If a petition seeking approval of a report of status of administration and additional time for estate administration also includes approval of an accounting, fees, or partial distribution, the caption must list the other petitions prior to the report of status and petition seeking additional time. C. Verification. 1) An unverified pleading may be subsequently verified by filing a supplement. The verified supplement must identify the petition by the full caption and filing date. 2) An account filed by the attorney for a deceased, incapacitated, or absconding fiduciary qualifies as an exception under CRC 7.103(c). D. Foreign Language. Whenever an instrument written in a foreign language is offered for probate or attached as an exhibit to a pleading, it must always be accompanied by a copy translated into English. All translations must be accompanied by a declaration setting forth the translator's qualifications and/or credentials. 14.16 Bonding of Fiduciaries and Blocked Accounts. A. Duty to Apply for Order Increasing Bond. 1) See CRC 7.204. When the bond of a fiduciary must be increased, the Court favors filing of an additional bond rather than a substitute bond. 2) An account will not be approved until the additional bond is on file. 3) Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the Court to determine the amount of the increase. B. Reducing Bond. 1) When the fiduciary's bond should be decreased, the Court favors using an order reducing the liability on the existing bond rather than a substitute bond. 2) Reduction or cancellation of the bond will not be allowed nunc pro tunc. 3) A fully noticed petition is required to decrease bond unless the court has permitted otherwise after distribution has been made, unless the order authorizing distribution also authorized the fiduciary to seek reduction of bond via an ex parte petition. Copies of receipts evidencing the distribution must be presented with the petition. 4) Bonds may be reduced at any time after appointment of a fiduciary by a fully noticed petition and order reducing bond, together with a receipt of a depository showing that assets in the amount of the requested reduction have been so deposited in a blocked account. Such a petition must set forth the assets remaining in the estate, after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected. C. Special Administrator. The Court will usually require a bond of a special administrator even if the will waives bond and the beneficiaries waive bond. Probate Code § 8481(b). D. Temporary Guardian or Conservator. A full bond will normally be imposed upon a temporary guardian or conservator of the estate, pursuant to Probate Code §2320(c) and CRC 7.207. If a lesser amount is requested, good cause must be shown in the petition. E. When Bond of Personal Representative Not Required. 1) Ordinarily, when the petition for probate so requests, unless the will requires bond, no bond will be required of the personal representative where the petitioner is the sole beneficiary or, if the will is silent regarding bond, all beneficiaries of the estate waive bond. 2) In an intestate estate, bond will be required unless the proposed personal representative is the sole heir or all heirs waive bond. 3) The Court in its discretion may require a bond in either of these circumstances. F. Nonresident Personal Representatives. A proposed nonresident personal representative will be required to post a bond to protect California creditors, even if the will waives, or all beneficiaries waive, bond. A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be used by the Court to determine the amount of the bond, but in no event will the bond be less than $20,000. G. Bond of Successor Trustee. The Court will require a bond of all successor trustees not named in the trust instrument unless all beneficiaries waive bond. The assets on hand and probable annual gross income must be listed with the fair market value to allow the Court to set the bond. H. Waiver of Trustee’s Bond. Waiver of bond by a trust beneficiary must include the same information as the Judicial Council form DE-111(A-3d), Waiver of Bond by Heir or Beneficiary. I. Bonds of Co-Fiduciaries. See CRC 7.202 and 7.203. The names of all fiduciaries must be on the bond. Upon resignation or removal of one fiduciary, a new bond must issue in the name or names of the remaining fiduciaries. J. Bond on Change in Capacity of Fiduciary. When the Court requires a bond of a special administrator or a temporary guardian or conservator and a bond is required on that same person's general appointment, a new bond is required. K. Bond on Sale of Real Property. 1) A petition for confirmation of sale of real estate must set forth the amount of the bond in force at the time of the sale and the amount of property in the estate to be covered by bond. 2) If additional bond is required after confirmation of sale of real property, the fiduciary must provide sufficient information for the Court to determine the net proceeds of sale and the amount of the required additional bond. 3) If no additional bond is required or if bond is waived, that fact must be alleged. L. Filing Proof of Bond. Bonds shall not be filed until after the order requiring bond is filed. The bond amount will be rounded up to the nearest thousand dollars of the estimated value of the property to be protected. M. Blocked Accounts. 1) A request for funds to be deposited into a blocked account must specify the institution and location. 2) When the Court orders funds to be deposited into a blocked account, the fiduciary must file the Judicial Council form “Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account” (MC-356). The title of the account must specifically state “Court Blocked Account” or “No Withdrawals Without Court Order”. 3) Because of the difficulties of monitoring the issuance of Letters based on orders requiring blocked accounts, the Court discourages the use of blocked accounts on orders for probate and for appointment of a conservator. N. Withdrawals or Releases from Depository Holding Blocked Account. 1) A Judicial Council form Order for Withdrawal of Funds from Blocked Account (MC- 358) may be obtained ex parte for all Probate related cases only. 2) The Petition for Withdrawal of Funds from Blocked Account (MC-357) must set forth the approximate bond, if any, and the purpose for which the withdrawal is being made. 3) The order will provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto. 4) In Guardianships: a. Prior to Majority. Where withdrawal is sought prior to the time the minor reaches the age of majority, the guardian must set forth in detail the purpose and necessity of the withdrawals. Withdrawals generally will not be approved except in cases of medical emergencies or exceptional need when the parents cannot afford to meet the needs of the minor in full. The order will specify that checks shall be made payable to the provider of goods and services and not to the guardian. b. Upon Termination. Where withdrawal is sought because the minor has reached majority, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal. The order must provide for payment of the funds only to the former minor. Funds will not be released prior to approval of the petition for termination of the guardianship estate. 5) In Decedent Estates/Trusts where withdrawal is sought because the minor entitled to distribution has reached majority, a certified copy of the minor’s birth certificate or other convincing evidence of the minor’s age must be filed separately and conventionally with a pleading cover sheet attached (i.e., not e-filed). The proposed order must provide for payment of the funds only to the former minor. 14.17 Letters of Special Administration on Ex Parte Petition. A. Filing and Lodging Requirements. Petitioners must deliver a courtesy copy of the Petition for Probate, the Petition for Letters of Special Administration, and a copy of the proposed order to the Probate window in Room 103. See LRSF 14.11.A. B. Notice. 1) If the petitioner is the named executor of the will, notice of the Petition for Letters of Special Administration must be given to the heirs at law and all devisees under the will. 2) If the petitioner is not the named executor of the will, notice must be given to the named executor, the heirs at law, and all devisees under the will. C. Hearing. 1) Counsel and the proposed appointee (other than a corporate fiduciary) must appear at the ex parte hearing. 2) The appearance of the Public Administrator is required at the presentation of the ex parte petition for Letters of Special Administration. 3) Except in the instance of a contest, Letters of Special Administration will issue for only a specified period of time. Although preference is given to the persons entitled to letters testamentary or of administration, if it appears that a bona fide contest exists, the Court will consider the advisability of appointing a neutral person or corporate fiduciary. 14.18 Petitions for Probate and Petitions for Letters of Administration. A. Holographic Will. When a holographic instrument is offered for probate, it must always be accompanied by an exact typewritten copy. Where the petitioner is also the sole beneficiary, a Proof of Holographic Instrument is more persuasive if signed by a disinterested party. B. Copies. Copies of all instruments offered for probate must be attached to the petition. C. Listing Persons in the Petition. 1) In addition to all persons mentioned in the will, all heirs must be listed even if a decedent died testate. If the decedent had no known heirs, a declaration to that effect must be filed, setting forth the basis for that conclusion and the efforts made to locate heirs. 2) If a will names a trust or trustee as a devisee, the trustee(s) must be clearly identified in item 8. Where the personal representative and the sole trustee are the same person, or if there is no trustee, the beneficiaries of the trust must be clearly identified. Probate Code § 1208(b). 3) When second generation or more distant heirs are listed, the deceased ancestor(s) through whom they take (or would have taken) must be named, the relationship(s) to the decedent stated, and the date(s) of death specified. D. Deceased Devisees and Heirs. 1) The date of death must be specified for all deceased devisees and heirs. 2) If a devisee predeceased the decedent or did not survive for the designated survival period, an explanation must be provided if no successors-in-interest are identified. 3) If an heir or devisee died after the decedent, the petitioner must allege whether or not a personal representative has been appointed by a court for such deceased heir or devisee. If no personal representative has been appointed for the post-deceased heir or devisee, or such personal representative is the same person as the petitioner, all heirs and/or devisees of the post-deceased heir or devisee must be listed. E. Duties and Liabilities. The Duties and Liabilities form (Judicial Council Form DE-147) must be on file prior to appointment of a personal representative. Additionally, Confidential Statement of Birth Date and Driver's License Number (Judicial Council Form DE-147S) is also required, pursuant to Probate Code § 8404(b). Form DE-147S must be separately filed with a cover page, not attached to the Form DE-147. 14.19 Proof of Wills. (See LRSF 14.43A. for Will Contests) A. In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need for testimony in open court. B. Where more than one testamentary instrument is offered for probate, each instrument must be proved by a separate declaration. 14.20 Lost Wills. Petitions for probate of lost wills must clearly state on their face that the will is lost and both the published and mailed notice must so state. In those cases where there is no copy of the will, the petition for probate must include a written statement of the testamentary words or their substance. Probate Code § 8223. Evidence will be required to overcome the presumption of revocation. Probate Code § 6124. A copy of the written statement of the testamentary words, or their substance, or a copy of the lost will, must be attached to the proposed order. An additional hard copy of the lost will must be provided to the clerk for a will file to be created before the hearing to admit the lost will to probate. 14.21 Wills with Interlineations or Deletions. Where the will offered for probate contains alterations by interlineation or deletion on the face, the personal representative must obtain court determination of entitlement before petitioning for final distribution. 14.22 Proving Foreign Wills. For a petition to probate a foreign will, a certified copy of the will (with its English translation if the will is in a foreign language) must be submitted without a pleading cover sheet to the clerk for a will file to be created, and a certified copy of the order or decree admitting it to probate outside of this jurisdiction must be filed separately and conventionally with a pleading cover sheet attached (i.e., not e-filed). If the will has been admitted to probate in the United States, the copies referred to need be certified only as correct copies of the Clerk of the Court where admitted. For wills admitted outside the United States, attorneys should refer to the form of certificate acceptable to the Court (the Apostille) discussed in the "Convention Abolishing the Requirement of Legalization for Foreign Documents." 14.23 Duplicate Wills. If duplicate wills were executed, both documents must be offered for probate despite language in the will to the contrary. 14.24 Renunciations, Declinations, and Consents to Act. A written renunciation must be filed by or on behalf of a nominated executor who does not desire to act. Similarly, a written declination must be filed by or on behalf of an individual who has higher priority than the petitioner for issuance of letters of administration but does not desire to act. If the necessary renunciation or declination is not filed, the petition must indicate the reason. Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative. 14.25 Hearing Within 30 Days. A written declaration must be filed with the petition for probate if it is requested that the petition be set for a day more than thirty (30) days from the date of filing. 14.26 Spousal or Domestic Partner Property Petition. A. Manner and Timing of Acquisition of Property. The petition must contain specific information regarding the manner and timing of acquisition of the property alleged to be community or quasi-community property. An allegation must also be made that none of the property was owned by the decedent before marriage or domestic partnership registration, acquired by gift or inheritance, or purchased with funds received by gift or inheritance. If any property is claimed to be community but was owned by the decedent prior to marriage or domestic partnership registration or acquired by gift, devise, descent, joint tenancy survivorship, or similar means, the petition must state with particularity the way in which the property was transmuted to community property. A copy of the current vesting deed must be filed for any real property. A copy of a statement for a period including the date of death must be filed for any financial account. B. Claims Based on Document. If the community or quasi-community property claim is based on any document, a copy of the document showing signatures, when feasible, must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached. If the document is a will that is not self-proving, the petitioner must file either a Proof of Subscribing Witness or Proof of Holographic Instrument, as the case may be. 14.27 Waiver of Appraisal by Referee. A petition filed pursuant to Probate Code § 8903 must state the source of the values included in the Inventory and Appraisal. Waivers of appraisal are not favored and are not routinely granted. 14.28 Nature and Form of Claims. A. Claim Versus Expense of Administration. The Court will not approve a claim that represents obligations of the estate arising after the death of the decedent (except reasonable funeral expenses). Such expenses should be included for approval in the account or in the report on waiver of account. B. Form of Claims. A creditor’s claim must be submitted on the Judicial Council form; however, a creditor’s claim will be liberally construed in favor of its sufficiency if the content and format are in substantial compliance with the Probate Code. Satisfactory vouchers or proof of claim must be attached. 14.29 Claims of Personal Representative and Attorneys. A. Procedure. A creditor's claim of the personal representative or the attorney must be noted as such. Such a claim must be processed as provided in Probate Code § 9252, notwithstanding authority to act under IAEA. When there is more than one personal representative, a creditor's claim submitted by one of the personal representatives must be approved by the other(s) before submittal to the Court for approval. B. Approval of Claims. A creditor’s claim of the personal representative or attorney for $5,000 or less may be submitted pursuant to Probate Code § 9252(a). A creditor’s claim of the personal representatives or the attorney for over $5,000 will not be approved by the Court until either a hearing has been held or written consent of the beneficiaries is on file. Such hearing must be held as set forth in Probate Code §9252(a) and notice thereof given to all persons entitled thereto including all residuary beneficiaries, together with a copy of the claim. 14.30 Sales of Real and Personal Property. A. Time and Place of Hearing on Report of Sale. Hearings on confirmation of sales of both real and personal property are held at 9:00 a.m. every Monday, Tuesday, and Wednesday, and are the first matters called. B. Exclusive Listing for Sale of Property. See CRC 7.453. If Court confirmation is sought, either because of limited IAEA or pursuant to the agreement of sale, at the hearing on the confirmation of the sale, the Court will determine the total commission (without regard to the terms of the exclusive agreement). If an exclusive listing for sale of real property is sought by a personal representative not acting under IAEA or by a guardian or conservator of the estate or by a trustee of a trust related to a conservatorship, an application for authority to enter into an exclusive listing may be presented as an ex parte application. A copy of the agreement for the exclusive listing must be attached. The petition must set forth the agent’s/broker's name (including the company or office name), his or her experience with sales of real property in the area of the subject property, and a description of the specific properties to be sold. Except for decedents' estates in which there is a power of sale or directive to sell in the will, notice of intention to sell must be published, as set forth below. C. Tangible Personal Property. (Probate Code § 10250, et seq.) 1) Necessity for Appraisal. For estates subject to the IAEA, sales of personal property may be made without Court approval. In all other cases, the sale of tangible personal property will ordinarily not be approved unless the property has been appraised. For this purpose, a partial inventory and appraisal may be obtained from the appointed probate referee. 2) Commissions. Commissions on sales of tangible personal property will be allowed only to individuals holding a license authorizing them 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. When there is an overbid in Court, a commission may be allowed to the successful broker and, if the original bid was subject to the commission, apportionment between the brokers will be made according to the same rules as prescribed for real estate sales. The amount of the commission is within the Court's discretion. D. Securities. Where a personal representative is proceeding under Probate Code § 10200, the petition for authority to sell must set forth a minimum sales price as to all securities except those listed on an exchange. The minimum price must be a recent market quotation from the over-the-counter market, or, if there is no recent market quotation available or the securities are closely held, the petition must set forth the basis for fixing the minimum sales price. E. Condominiums, Community or Cooperative Apartments. 1) A condominium or cooperative apartment is an interest in real property and must be sold as such, unless it is held as a limited partnership. Civil Code § 783. 2) The sale of a cooperative apartment will not be confirmed subject to the original (returned) purchaser later obtaining the acceptance of a Board of Directors or other governing body. If there is an overbid, the Court, at the request of the personal representative, will then continue the matter for the purpose of obtaining acceptance. 14.31 Publication of Notice of Intention to Sell Real Property. A. Procedure. Notice of intention to sell real property must be published pursuant to Government Code § 6063a except for decedents' estates in which there is a power of sale or directive to sell in the will. Publication must be in a newspaper published in the county in which the real property lies. B. Contents and Purpose of Notice. The notice must include the date and place of sale (not the date of the confirmation hearing). The published notice is a solicitation for offers. No offer can be accepted, and no report of sale and petition to confirm the sale can be filed, until the date on or after the time for making bids expires. The notice must contain the street address or other common designation of the property, or if there is none, the legal description of the property. If an exclusive listing has been given, the notice must so state. If the property is to be sold subject to an encumbrance, the notice must so state. If the property is to be sold for cash only, the notice must so state. If the estate would prefer all cash but will accept part cash and part credit, the notice must include the following language: "All cash, or part cash and part credit, the terms and conditions of credit as are acceptable to the fiduciary and the Court.” See Probate Code § 10300 et seq. C. Effect of Notice. Any offer accepted and returned to Court for confirmation cannot be at variance with the terms of the sale contained in the notice. 14.32 Reports of Sale. A. Appraisal and Reappraisal. In order for a private sale to be confirmed, there must be on file an appraisal of the property and a reappraisal for purposes of sale if the decedent's date of death or guardian's, conservator's, or trustee’s appointment occurred more than one year before the date of the confirmation hearing. The appraisal and reappraisal must be on file prior to the hearing date on the return of sale. B. Second 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. Confirmation after Hearing on Return of Sale. The winning bidder as confirmed by the Court at the completion of the sale will be the only person or entity to whom sale is confirmed in the order. D. Earnest Money Deposit by Overbidder. When a sale is confirmed to an overbidder, the overbidder must submit at the time of the hearing a certified or cashier's check in the amount of ten percent (10%) of the initial overbid amount. E. Overbid Form. The courtroom Clerk will give counsel a form to be completed on the overbid. This form is to be returned to the Clerk before the end of that morning's probate hearings. If two or more overbidders request a confirmation order specifying any manner of holding title other than tenancy in common (e.g., joint tenants or community property with right of survivorship), the overbid form must so state. F. Continuances. Sale confirmations will be continued only under exceptional circumstances and the motion for continuance must be made in open court at the time set for the sale. G. Partial Interest. Where the estate has a partial interest in real property, the petition must show the partial interest, the amount of the additional interest in the property being sold, and the amount of the overbid calculated on 100% of the property value. 14.33 Broker’s Commissions (Probate Code §§ 10161-10166). A. Improved Property. The Court will ordinarily allow brokers’ commissions in a total amount not to exceed five percent (5%) of the sale price. It is understood that commissions are negotiable, and the parties may agree to a lesser percentage. B. Unimproved Property. The Court will ordinarily allow brokers’ commissions in a total amount not to exceed ten percent (10%) of the sale price. In each instance, the Court will determine what is unimproved property. C. Order Must Show Commission Allocation. The order confirming sale must show the total commissions allowed and any allocation agreed on between the brokers. D. Commission Rates of Property Sites Will Apply. Where the property is not located in San Francisco County, the Court will allow commissions based on the San Francisco Probate Department rule unless it is shown that a larger commission would be allowed by the Probate Department of the county in which the property is located. 14.34 Accounts and Reports of Fiduciaries. All accounts filed in probate proceedings, which include guardianship, conservatorship, and trust accounts, must be typewritten and must conform to Probate Code §1060 et seq. An account must be accompanied by a report of administration. A personal representative's account must begin with the date of death of the decedent. A. Account Period. Unless otherwise permitted for good cause, if an account exceeds two years, the first two years must be filed separately. After the first two-year account is adjudicated, subsequent account periods may not be for more than three (3) years and each three-year period must be filed separately. If all interested parties waive an account by the personal representative, the waiver applies to the entire estate administration, not just to a periodic report on the status of administration. Permission to file an accounting exceeding these periods may be requested by an ex parte petition. B. Contents of Account. Court accounts are cash, not accrual, basis. Transfers between accounts are not proper receipts or disbursements and should not be included. Probate Code § 1063(b). Reimbursements to an individual must clearly identify the original payee and describe the disbursement. C. Accounting for Reserve. The Court has the discretion to require an accounting for any reserve withheld. A fiduciary seeking final discharge must submit an informal account for a reserve of $10,000.00 or more. D. Verification of Cash Balances. The ending balance of cash assets in accounts filed by fiduciaries, who are not financial institutions, must be verified. Verification is made by original bank or brokerage statements or original bank letters signed by a bank officer with the authority to sign, showing the vesting of the account, the date, and the amount of the balance. The statements or letters must encompass, not precede, the ending date of the accounting period. Photocopies are not acceptable. For computer-generated printouts, comply with Probate Code section 2620(c)(1) and CRC 7.575(b). Ending balances shown in the account must be reconciled to the statements or letters, which must be filed. Unless filed confidentially in a guardianship or conservatorship case, account numbers should be redacted as set forth in CRC 1.201. In guardianships, conservatorships, and trust proceedings related to conservatorships or for trusts funded by Court order, as defined by CRC 7.903(a): 1) For the first account, all fiduciaries must also file original account statements showing the account balance on the date immediately preceding the date the fiduciary was appointed. Probate Code § 2620(c)(2). 2) For interim accounts, so long as Probate Code § 2620(f) is in effect, original financial institution statements for all periods covered by the account and original statements from residential care facilities or long-term care facilities are required only when requested by the Court. E. Allegations re Sufficiency of Bond. Sufficiency of bond must be addressed in all interim accounts. Where bond has been posted, there must be an allegation as to the total bond posted, the fair market value of personal property on hand at the close of the account period plus an estimated annual gross income from all sources, and any additional bond required by law. Probate Code §§ 2320 and 8482. F. Testamentary Trustee’s First Account. The starting balance of a testamentary trustee's first account must conform to the trustee's receipt(s) filed on distribution of the assets of the decedent's probate estate. The petition for settlement of a trustee's account must set forth the trust provisions for distribution of principal and income. G. Specifically Devised Realty. Unless waived, a separate account for specifically devised real property is required. Such account shall set forth the income received from such real property and expenses allocable to it (e.g., taxes, maintenance, repairs, insurance, debt service). For apportionment of income and expenses see Probate Code § 12002 (c), (d). 14.35 Petitions for Distribution. A. Agreements for Distribution of Assets and Disclaimers. If distribution is to be other than according to the terms of the Will or the laws of intestate succession, the personal representative must file a written consent signed by all parties affected by the distribution. If there is a disclaimer on file, property will be distributed in accordance with Probate Code § 282. B. Assignment of Assets. If distribution is to be made to an assignee of an heir or devisee, the assignee must file the assignment, and the terms thereof must be disclosed in the petition for distribution. Probate Code § 11604. C. Distribution to Agent under Durable Power of Attorney. If distribution is to be made to an agent under a power of attorney, a copy of the power of attorney must be filed and must be disclosed in the petition for distribution. A statement specifying under which provision(s) of the power of attorney the agent can receive the distribution on behalf of the principal should be on file. D. Distribution to Persons under Guardianship or Conservatorship. When the Court finds distribution is due to a minor or a conservatee, the order must provide that distribution be made to the guardian or conservator. In advance of the hearing, the guardian or conservator must conventionally file Letters that have been certified no more than 60 days before the hearing. E. Distribution to Minors. 1) Where delivery of the assets is to be made to the minor's parent pursuant to Probate Code § 3401, the declaration by the parent complying with the provisions of that section must be on file before the hearing date. 2) For amounts exceeding the amount under Probate Code § 3401, distribution must be deposited into a California FDIC insured blocked account, pursuant to Probate Code § 3610, or made to a court-appointed guardian of the estate of the minor. 3) Where a blocked account is to be used, the receipt and agreement of the depository must be filed and the order of distribution shall so provide. F. Distribution to Trustee. If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee. A written declination must be filed by or on behalf of the trustee who does not choose to act. The order must contain the terms of the testamentary trust. See CRC 7.650. G. Distribution to Representative of Deceased Distributee. If a beneficiary satisfies the requirement of Probate Code § 11801, a certified copy of Letters certified no more than 60 days before the hearing and issued to the personal representative of the estate of the beneficiary, the original § 13100 affidavit executed by the person(s) entitled to the beneficiary’s share, or a certified copy of the Spousal/Domestic Partner Property Order issued to the beneficiary’s surviving spouse/registered domestic partner and certified no more than 60 days before the hearing must be filed before the hearing date. H. Distribution to Intestate Heirs. If not all heirs were known and disclosed at the outset of the proceedings, the administrator must file a petition to determine persons entitled to distribution prior to petitioning for any distribution. Probate Code §11700. The petition must include a family tree with supporting documentation of the heirs’ relationships to the decedent. I. Requirements re Petition for Final Distribution. 1) Payment of Taxes. The petition for final distribution must address the question of the source of the payment of the federal estate tax and California estate tax, if any. If the will has a clause directing the payment of the taxes out of the residue of the estate, this must be alleged. If, on the other hand, there is no tax clause or there is a tax clause that does not direct the source of the payment, the amounts required to be prorated or charged must be stated. The final account must show the computation and the order for final distribution must show the proration. 2) Notice to Franchise Tax Board. The petition for final distribution must state the date on which notice to the Franchise Tax Board was mailed pursuant to Probate Code § 9202(c). 3) Notice to Department of Child Support Services. The petition for final distribution must state the date on which notice to the Director of the California Department of Child Support Services was mailed pursuant to Probate Code § 9202(e). 4) Retention of a Reserve. The petition and order of final distribution must specifically set forth the use that may be made of the retained funds (e.g., income taxes, closing costs, property tax assessments, etc.). 5) California Inheritance Tax. An Inheritance Tax Report and Order Fixing Tax, or other proof that the tax liability has been fully satisfied or that there is no such liability, must be filed prior to final distribution in estates where the decedent died prior to June 8, 1982. 6) Election of Surviving Spouse to Administer. If the surviving spouse elects to probate assets that are distributable directly to him/her, pursuant to Probate Code § 13502, the written statement must clearly state that he/she has been fully informed about the reasons for a probate (rather than, e.g., a Spousal Property Petition) and the consequences thereof, including potential delay and increased fees. 7) In General. a. The Petition. In addition to the requirements of CRC 7.651, the petition for final distribution must state specifically how the estate is to be distributed to each distributee, including the number of shares of securities and the net amount of cash (as of a date certain) to be distributed to each beneficiary. i. A general allegation that distribution is "in accordance with the terms of the will" or "in accordance with the laws of intestate succession" is insufficient. ii. When the petition seeks a non-pro rata distribution, it must show the computation on which the proposed distribution is based. Consents of interested beneficiaries must be filed. The petition for final distribution must disclose if there are outstanding bills due to a third party for preparing an account. iii. A petition for final distribution from a decedent’s estate or trust may not be combined with a petition that will affect the distribution of the estate, such as a petition to approve a settlement agreement, or a petition to determine entitlement to estate. b. The Order. The caption of the order must begin with Order for Final Distribution. The order must state specifically within the body of the order how the estate is to be distributed, as set forth in the petition. i. Incorporation by reference to allegations in the petition or to schedules attached to the order is insufficient. ii. Funds held in blocked accounts in lieu of bond will not be released to the personal representative for distribution unless the beneficiary’s written consent is on file. c. Receipts for any preliminary distribution must be on file prior to the approval of final distribution. d. If the assets distributed are not identical to the assets set forth in the Order for Final Distribution, the personal representative must file a fully noticed petition to seek approval of actions taken after the Order for Final Distribution was issued. J. Requirements re Report of Status of Administration and Petition for Additional Time for Estate Administration. 1) If an estate is not ready to close within the statutory time set forth in Probate Code § 12200, the report of status of administration must set forth the status of the estate, including, but not limited to, allegations regarding notice pursuant to Probate Code § 9202, disclosure of all creditor claims and their dispositions, requests for special notice, and any assignments or powers of attorney that may affect distribution. 2) The filing of a report of status of administration shall be deemed to include a petition requesting additional time for estate administration. Probate Code §12201(a). For the Court to make an order, the report and petition must include a prayer specifying the relief sought. 14.36 Terminating Administration of an Estate for Lack of Assets. If a personal representative files a petition for the termination of further proceedings and for discharge pursuant to Probate Code § 12251, the petition must list creditors’ claims and disclose any action taken on such claims and must address the notice required by Probate Code §§ 9201-9202. Notice must be given to any creditor whose claim has not been satisfied. The title on the caption of the order must begin with Order Terminating Estate for Lack of Assets. 14.37 Family Allowance (Probate Code §§ 6540-6545). A. Necessary Allegations of Petition. All petitions for family allowance must state facts to show that the allowance prayed for is necessary and reasonable, including: 1) the nature and separate or community character of the probate estate and whether or not it is solvent; 2) whether others are entitled to a family allowance; 3) the approximate needs of the applicant, with reference to his or her standard of living; and 4) the applicant's income from other sources. B. Duration of Family Allowance. All orders will limit family allowance to a definite period of time. If the order is on an ex parte petition, family allowance will normally not be granted for a period exceeding six months. C. Income and Expense Declaration. If a petition for family allowance is contested, the petitioner must file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150.) 14.38 Borrowing Money (Probate Code §§ 9800-9807). A. Inventory Must Show Security. If the loan is to be secured, an inventory describing the security must be on file prior to the hearing. B. Bond Requirements. The petition under Probate Code § 9802 must state whether the personal representative is serving with or without bond. 14.39 Petition for Instructions. A petition for instructions is only available when no other procedure is provided by statute. For example, the Court will not determine how a will should be interpreted or the manner in which an estate should be distributed on a petition for instructions; such direction can only be obtained by a petition for distribution or by a petition for determination of persons entitled to distribution, Probate Code § 11600 et seq. and § 11700 et seq. 14.40 Obtaining Final Discharge. If funds have been retained in reserve, the ex parte petition for final discharge must show the disposition of all funds, and receipts must be filed for any distribution of the reserve. The Court at its discretion may require a supplemental accounting of the reserve. If the account was not waived, an informal accounting is required for a reserve of $10,000.00 or more. If the ex parte application relies on an order for distribution that is more than three (3) pages, a conformed copy of the order must be submitted with the petition for final discharge. 14.41 Escheated Funds. Petitions to claim escheated funds from a decedent’s estate, pursuant to CCP § 1355, must be filed in the Probate Department. All other claims for escheated funds are filed in the civil division. 14.42 Proceedings to Establish Fact of Death (Probate Code §§ 200-204). A. Filing Under Name of Decedent. A petition to establish the fact of death must be filed in the name of the deceased person. B. Separate Petition Preferred. Although Probate Code § 202(b) authorizes a petition to establish the fact of death to be included in a petition for probate of will or for letters of administration, attorneys are requested to file the petition as a separate petition. The petition must be filed under the existing case number. C. Description of Property. If the property affected is real property, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the petition must set forth the entire instrument vesting title, including the recordation data. If the property affected is personal property, the location and the description of the property and the decedent's interest therein must be set forth with particularity. D. Attorney Fees. There is no provision in the Probate Code for allowance of attorney fees in proceedings to establish the fact of death. The attorney should make fee arrangements directly with the client. If a surviving joint tenant failed during his or her lifetime to establish the fact of death of a previously deceased joint tenant, an extraordinary fee may be awarded in the probate proceeding involving the surviving joint tenant for those services performed after the death of the surviving joint tenant. 14.43 Contested Hearings and Settlements. A. Will Contests. All will contests, objections to petitions for probate, or petitions for probate filed after the first petition must use the probate case number of the first petition filed in the decedent's estate. At a hearing on a contested petition for probate, the Court may appoint a Special Administrator without the submission of a separate petition or additional notice. B. Trust Disputes. Petitions seeking relief pursuant to Probate § 16420 or § 17200 must be filed under a trust case number. If the trust is related to a guardianship, conservatorship, or decedent’s estate proceeding, the trust petition and subsequent pleadings must cross-reference the earlier related case number in the caption. Any response or objection to the trust petition or subsequent pleadings must be filed under the first assigned trust case number. If there are multiple, related trusts, each separate trust must be filed under a separate trust case number and must cross-reference the related trust or other case number(s) in the caption. C. Pro Bono Mediation. Pro Bono Mediation pursuant to court order is available in all guardianships and conservatorships and in estates and trusts where assets do not exceed $3,000,000. If the parties have previously appeared in court and discussed the use of pro bono mediation, a party may file a drop-off ex parte petition for referral to the program. The proposed order must include blanks for the following status dates: (a) completion of mediation; (b) deadline to notify the Examiner; and (c) subsequent hearing date. D. Petitions to Approve Settlements. Parties seeking court approval of a settlement must file a petition to approve the settlement and the petition must include the following: 1) A summary of the main terms of the settlement; 2) A citation to the Probate Code section under which the petition is presented; 3) Application of the relevant substantive legal standard for approval to the facts presented in the petition showing that the legal standard has been met; 4) A list of the persons entitled to notice of the petition; and, 5) A copy of the settlement agreement. Where a settlement affects a final distribution, the petition to approve the settlement must be filed separately from the petition requesting final distribution and before the final distribution petition is adjudicated. Unless otherwise provided in the order approving the settlement agreement, court approval of a settlement agreement may result in the underlying petition(s) being ordered off calendar. 14.44 Compromise of Claims. Petitions for compromise of minor's claims are heard in Department 505 on the uncontested calendar. 14.45 Temporary Guardianships and Conservatorships. A. Grounds. A temporary guardianship or conservatorship will not be granted without a showing of good cause. The petition must set forth facts showing the emergency or urgent nature of the request. B. Filing Petitions and Setting on Ex Parte Calendar. Hearings on ex parte petitions for appointment of temporary guardians must be set at least five (5) court days from the date of filing. Hearings on ex parte petitions for appointment of temporary conservators may be set Mondays through Fridays but must be set at least seven (7) court days from the date of filing. A separate petition for appointment of a general guardian or conservator must first be on file and a hearing date assigned before a petition for appointment of temporary guardian or conservator will be considered. Courtesy copies must be delivered to the Probate window in Room 103 at least five (5) calendar days before the scheduled hearing date for temporary guardianship and at least seven (7) court days before the scheduled hearing date for temporary conservatorship petitions. C. Notice. 1) Temporary Guardianships. a. Petitioner’s attorney must provide notice in compliance with Probate Code § 2250(e). b. Proofs of Service must be filed and courtesy copies delivered to the Probate window in Room 103 at the time of filing. 2) Temporary Conservatorships. Unless the Court for good cause otherwise orders, at least five (5) court days before the hearing on the appointment of temporary conservator, the petitioner must: a. Personally serve notice of hearing and a copy of the petition on the proposed conservatee, and b. Mail notice of hearing and a copy of the petition to the persons required to be named in the petition for appointment of conservator. The proof(s) of service and a declaration regarding notice in compliance with CRC 3.1204, must be filed prior to the hearing. Courtesy copies of the petition and supporting documents must be delivered to the Probate window in Room 103 promptly upon their filing. D. Appearance at Hearing. The petitioner, proposed temporary guardian or conservator, and counsel, if any, must appear at the hearing. In guardianship of the person proceedings, the minor must appear. In all cases, the proposed temporary conservatee must appear at the hearing unless such appearance is excused pursuant to Probate Code §2250.4. E. Powers of Temporary Guardians and Conservators. Temporary guardians or conservators have the same powers as general guardians or conservators with the following exception: temporary guardians or conservators may not sell any property including securities, vehicles, personal property, or real property. F. Special Powers. Special powers are not favored in temporary guardianships or conservatorships. If special powers or other special orders are sought, they must be specified in the petition and supported by factual allegations constituting good cause. In any case involving a special medically related power, a physician's declaration must be presented with the petition. G. Extension of Temporary Guardianship or Conservatorship. An extension can be ordered by the Court for good cause. A temporary guardian or conservator must petition ex parte to extend a temporary appointment. H. Copies. All filings regarding guardianships and conservatorships must be accompanied by a copy designated for the Court Investigation Unit of the Probate Department. 14.46 Guardianship. A. Generally. 1) Petitions filed under Prob. Code §2105(g) must include the language "FILED UNDER PROBATE CODE SECTION 2015(g)" in capital letters on the face sheet of the petition, in at least 12-point font. 2) Notice of Petition for Appointment of Guardian. See LRSF 14.14. Each request for the Court to dispense with notice to an entitled party must be supported by a declaration of due diligence. 3) Notice to Local Agency. The local agency designated by the board of supervisors to investigate guardianships for the court referenced in Probate Code §1516 is the San Francisco Department of Human Services Agency (HSA). HSA’s service address is: SF HSA Non Court Unit M140, Melissa Rosenberg, Supervisor, PO Box 7988, San Francisco, CA 94120. HSA must be served the following forms: Judicial Council forms GC-210 or GC-210(P), GC-210(A), GC-120, and GC-212, and San Francisco local form PRB-PGN-001. If filed with the court, forms GC-110, GC-220, GC-255, and PRB-PGN- 002 must also be served on HSA. HSA need not be served paperwork concerning a guardianship over the estate only. 4) Notice to State Agency. Per Probate Code Section 1542, if the proposed guardian is not related to the proposed ward, as defined in Probate Code Section 1513(g), the petitioner must serve the Petition for Appointment to the Director of Social Services. The service address is: California Department of Social Services, 744 P Street, Sacramento, CA 94120. B. Required Local Form. The Confidential Declaration of Proposed Guardian (PRB-PGN-001) must be completed by the proposed guardian and filed with the Petition for Appointment of Guardian of the Person or Person and Estate. C. Inventories and Accounts for Several Wards. When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable. D. Accounts and Reports. See LRSF 14.34. 1) In General. The report accompanying each account must contain a statement of the age, health, and whereabouts of the ward. 2) Waivers of Accounts. Waivers of accounts granted in guardianships waive only interim accounts, not final accounts. Waivers of final accounts are disfavored., If sought, the party seeking the waiver must show good cause. The title on the caption of the order on the final account or final report on waiver of account must begin with Order Closing Guardianship. 3) Calendaring of Inventory and Appraisal and Account. All guardianships of estate will be placed on calendar for the filing of the Inventory and Appraisal approximately ninety (90) days after appointment of the guardian. If the Inventory and Appraisal is on file, no appearance will be required unless deemed necessary by the Court. The Court will also place the filing of the First Account on calendar for one year after appointment. If the account is on file, no appearance will be required unless the Court deems it necessary. 4) Confidential Guardianship Status Report Form (GC-251). All guardians of the person must complete and file Judicial Council form GC-251 annually for each ward under guardianship of the person. Guardians of the estate who are required to file routine accountings need not file the GC-251 form annually. Estate guardianships with all funds held in blocked accounts must file the completed GC-251 form annually and attach the most recent bank statement for each blocked account. 5) Investments. In order to make or retain investments that do not meet the requirements of Prob. C. § 2574(a), the guardian must petition for Court authorization and must petition for renewed authority with each account. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. C. § 2574(b). Investments that require Court authorization include, but are not limited to, Mutual Funds. Court authorization of any proposed investment(s) will be based on the guardian’s representations and is subject to the fiduciary’s duty to monitor all investments and comply with prudent investment standards and statutory requirements. E. Discharges. Discharge of the guardian will not be made in the order settling the final account. A separate petition for final discharge must be submitted, together with the receipt executed by the former ward and a copy of the order settling the final account and ordering delivery of the assets to the former ward. A guardian is not entitled to a discharge until one year after the ward has reached majority. Probate Code § 2627. F. Use of Minor’s Assets for Support in Guardianship Cases. Prior Court approval must be obtained before using guardianship assets for the minor's support, maintenance, or education (Probate Code § 2422). The petition must set forth what exceptional circumstances would justify any use of guardianship assets for the minor's support. Such request may be included in a petition for the appointment of a guardian. An order granting such petition should normally be for a limited period of time, usually not to exceed one year, or for a specific and limited purpose. G. Disposition of Minor’s Funds (Probate Code §§ 3410-3413). 1) Contents of Petition. A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement showing that the requested relief will best serve the interests of the minor. 2) Notice. The petition may be presented ex parte if the only relief sought (other than reimbursement for filing fee and award of reasonable attorneys' fees) is to deposit funds in a blocked account. Otherwise, the petition must be fully noticed. H. Termination of Guardianship of the Person. The party requesting to terminate a guardianship of the person prior to termination by operation of law must file the local form Request to End Guardianship (PRB-PGN-002) with the petition. I. Substitution of Attorney. For a guardian of the estate to become self-represented, the guardian’s attorney must file a motion to be relieved as counsel and an appearance will be required. J. Special Immigrant Juvenile Findings. 1) Declarations in support of a Petition for Special Immigrant Juvenile Findings (GC- 220) must be marked “Confidential” and filed pursuant to CCP §155(c). 2) The proposed order (must be on the Judicial Council Form entitled Special Immigrant Juvenile Findings (GC-224) and include findings based on state law in accordance with O.C. v. Superior Court (2019) 44 Cal.App.5th 76. K. Court-Appointed Attorneys. [See LRSF 14.47 K.] 14.47 Conservatorship. A. Special Requirements. 1) Order Appointing Court Investigator. San Francisco does not use the Judicial Council form Order Appointing Court Investigator. Contact Information. The Contact Information form must be filed with all petitions for appointment of conservator, with petitions for appointment of successor conservator, and with all accounts in conservatorship matters except for a final account after a conservatee’s death. The Contact Information form is available in the clerk’s office or online at https://sf.courts.ca.gov/. 2) Hiring Contractors. Absent a showing of hardship, whenever a conservator (or a trustee of a trust related to a conservatorship) seeks authority to expend conservatorship (or trust) funds to repair real property, a minimum of two bids is required for any amount in excess of $20,000.00, and at least three bids are required for repairs in excess of $50,000.00. Contractors must be fully licensed and permits must be obtained where required. B. Court Supervision of Conservatee’s Living Trust or Special Needs Trust. 1) A petition to bring a (proposed) conservatee’s living trust or a Special Needs Trust under court supervision must be filed under a separate trust case number. 2) All petitions involving trusts related to conservatorships must be filed under a separate trust case number. 3) The conservatorship or trust case number must be noted in parentheses under any pleading caption in the related matter. 4) A copy of the trust account must be provided to the Court Investigation Unit. 5) The successor trustee is subject to the same terms and conditions as a conservator of the estate, unless specifically waived by the Court upon a showing of good cause. 6) Removal of the trust from Court supervision during the lifetime of the conservatee/settlor is generally not favored, whether or not a conservatorship is established or terminated. C. Order Appointing Conservator. Proposed Order Appointing Conservator (Form GC-340), must leave Item #22 (disqualification from voting) blank. D. Additional Powers. The Court may, on the petition of the conservator either at the time of appointment or later, grant additional powers to the conservator as authorized by the Probate Code §§ 2590 and 2591. The Court does not favor the granting of special powers absent a showing of good cause. Any additional powers will be tailored to the specific circumstances of each case. E. Notice. See LRSF 14.14. 1) Giving Notice. Where the proposed conservatee is also subject to a LPS Conservatorship, notice must be given to the attorney representing the proposed conservatee in that action and to the LPS conservator. 2) Petition for Appointment of Conservator. There is no statutory basis for shortening the time for notice or for dispensing with notice on a petition for the appointment of a conservator. 3) Power of Attorney. If the proposed conservatee has executed a power of attorney (bank, limited, durable, general, for finances or for health care), the attorney-in-fact must receive notice of the petition for conservatorship. This information must also be included in the petition for conservatorship. The name, address, and telephone number of the person designated as the attorney-in-fact must be included in the Contact Information form. F. Accounts and Reports. See LRSF 14.34. 1) Inventory and Appraisal; Payment of Assessment Fee; Recording of Letters. The Court will calendar a date for the filing of the Inventory and Appraisal, the proof of payment of the assessment fee, and the filing of the evidence of the recording of Letters. The amount of the assessment fee and the filing date(s) will be stamped on the Order Appointing Conservator at the time of the hearing. No appearance will be necessary if the Inventory and Appraisal, Proof of Payment of Assessment Fee, and evidence of recording of Letters are on file. Successor conservators must file an information only Inventory and Appraisal, using the values from the prior conservator's inventory for non-cash assets. 2) Waiver of Account. Waivers of account will be accepted in the Court's discretion only in the following instances: a. When the proceeding is terminated by Court order, and the conservatee thereafter waives an account. b. When the proceeding is terminated by death of the conservatee and i. there is no will and a written waiver is obtained from all of the conservatee’s heirs or beneficiaries if there is no probate proceeding anticipated; or ii. there is a will and a written waiver is obtained from the personal representative (and the beneficiaries under the will if the personal representative and the conservator are the same person) after the order admitting the will has become final. 3) Final accounts where the conservatorship has been terminated by the death of the conservatee. Final accounts must be filed within 90 days of the death of a conservatee. a. Where there has been a waiver of accounts or a deferral of court assessment fees, the conservator of the estate must file a final report stating the current circumstances of the estate re: the need for a final account or the possibility of payment of the assessment fee. When the Court learns that a conservatee has died and no final account or report has been filed, the Court will set a status date for filing of the final account or report. b. When there is a conservatorship of person only, a declaration must be filed addressing the possibility of payment of the assessment fee. c. Notice of the hearing on the settlement of the final account or report must be given to the personal representative of the probate estate, if one has been appointed, the trustee of any trust, wherein the conservatee was a beneficiary, as well as to all of the parties as set forth in Probate Code § 2621. If there is no personal representative or trustee, or if the personal representative or trustee and the conservator are the same person, then notice must be given to all devisees named in the conservatee’s will, to the heirs of the conservatee, so far as is known to the conservator, or to the trust beneficiaries who would be entitled to notice under § 1208(b). d. The petition for the approval of a final account must state the name of the personal representative of the deceased conservatee's estate if one has been appointed. If a probate proceeding has been filed in San Francisco, that probate case number must be stated. If probate proceedings are pending in another county, a certified copy of letters certified no more than 60 days before the hearing must be filed in the conservatorship. If probate proceedings have not been commenced and delivery of the assets may be made pursuant to Probate Code § 13100, the names of those persons entitled to the delivery of the assets must be set forth and original § 13100 affidavits must be on file. If the conservatee was the beneficiary of a trust, and the conservator is the trustee of that trust, the beneficiaries of the trust who would be entitled to notice under § 1208(b) must be identified. e. The order settling the final account must provide for delivery of any remaining assets to the named personal representative or to the devisees or heirs as indicated in the petition, who are the successors of the deceased conservatee proceeding under Probate Code § 13100, and compliance with the order is a basis for discharge of the conservator. The title on the caption of the order on the final account or final report on waiver of account must begin with Order Terminating Conservatorship. f. When the conservatee has died, and no final account has been provided to the court, the Court Investigator may set the matter for hearing. 4) Final account where conservatee is living. The conservator must serve a copy of the final account and petition with the notice of hearing on the conservatee where the conservatorship has been terminated with respect to a living conservatee. 5) Investments. In order to make or retain investments that do not meet the requirements of Prob. C. § 2574(a), the guardian, conservator, or trustee must petition for Court authorization and must petition for renewed authority with each account. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. C. § 2574(b). Investments that require Court authorization include, but are not limited to, Mutual Funds. Court authorization of any proposed investment(s) is based on the guardian’s, conservator’s, or trustee’s representations and is subject to the fiduciary’s duty to monitor all investments and comply with prudent investment standards and statutory requirements. G. Sale of Real Property. 1) Court Confirmation. The Court will only grant a power to sell real property under Probate Code § 2591 where the power is made subject to Court confirmation of any sale made by the conservator. See LRSF 14.32. 2) Petition for authorization to grant exclusive broker listings and to sell real property. A petition for authorization to grant an exclusive listing will be considered ex parte but only after prior authority to sell has been obtained on a noticed petition at the time of the appointment of the conservator or on a subsequent noticed petition. The petitions may be combined as a noticed petition. 3) The petition must disclose whether or not the real property was inherited from a predeceased spouse less than 15 years ago. H. Sale of Conservatee’s Residence. If the conservator petitions to sell the conservatee's present or former residence, the petition must allege that the conservatee is unable to return to the residence or, if able, that the conservatee agrees to the sale, or that the sale is necessary to generate cash to support the conservatee. The petition must include the information that the sale has been discussed with the conservatee pursuant to Probate Code §2540 (b). The report must include the responses of the conservatee. Where the sale of the conservatee's residence is sought, a copy of the petition must be provided to the Court Investigation Unit at the time of the filing of the petition. The Court may require further investigation of the issue. I. Assessment Fees. The form Proof of Payment of Assessment Fee must be on file for the Court to be notified that the fee has been paid. Where good cause is shown by petition, the assessment fee may be deferred or waived by the Court. Proof of Payment of Assessment Fee forms are available in the office of the clerk of the court, Room 103. If assessment fees for the cost of investigations have been deferred due to the small size of the estate and the estate will be filing a final account (or final report on waiver of account) to terminate the conservatorship, that account or report must state the prorated amount of deferred assessment fees payable from the estate cash on hand. J. Death or Resignation of Conservator. 1) If there are multiple conservators and one dies or resigns, the remaining conservator(s) must petition for a new bond and amended letters. This petition may be made ex parte and does not require an appearance unless specifically set on calendar by an Examiner. If there are multiple conservators and one dies, the remaining conservator(s) must obtain the court order for a new bond and amended letters. A conservator who seeks to resign must obtain the Court’s approval before the court will issue amended letters. The resigning conservator must file a fully-noticed petition for approval of resignation under § 2660 with a final accounting and report. 2) The proposed order accepting a co-conservator’s resignation must provide a blank space for the Court to fill in a status date for the filing of the former conservator’s final account. 3) The bond of the former conservator will not be discharged without approval of the former conservator’s final account. K. Court-Appointed Attorneys. If, in the Court’s discretion, it is necessary or when required, the Court will appoint an attorney to represent a (proposed) conservatee. 1) Attorney Application Process. Attorneys who wish to be considered for Court appointment must submit a completed Certification of Attorney Concerning Qualifications for Court Appointment (Judicial Council form GC-010) and proof of professional liability insurance coverage. Applications will be reviewed by the Probate bench officers, who will determine if the attorney is approved for Court appointment. 2) Time of Appointment. Upon appointment, attorneys will be furnished with a Court Order and a copy of relevant filings. Court Investigator reports will also be made available. 3) Representation as to Conservatorship Only. Court-appointed attorneys are expected to represent the (proposed) conservatee only on the issue of conservatorship. Other legal work, such as wills, real estate transactions, estate transactions, estate planning, tenant disputes, or representation of the conservatee as a beneficiary in a related trust case must be approved separately by the Court. No written report by a Court-appointed attorney is required unless ordered by the Court. 4) Fees. Fees will be paid from the estate of the conservatee if there are assets. If there are no assets, payment will be made from the Controller's Office of the City and County of San Francisco at the prevailing rate for court-appointed attorneys. Fee requests under $10,000.00 will be considered on an ex parte basis unless total fees for a Court-appointed attorney exceed $20,000.00 or the Court concludes that greater review is appropriate. Fee requests of $10,000.00 or more must be filed as a noticed petition and set on the regular probate calendar. [See Attorney Billing Template at https://sf.courts.ca.gov/forms-fees/local-forms. 5) Discharge. Court-appointed attorneys are expected to request discharge from the case at a time deemed appropriate . At that time, the court-appointed attorney must petition for discharge and for fees. A declaration as to the nature and hours of work performed must be included with any petition for fees. A court appearance may not be necessary if all parties agree that discharge is appropriate. The matter may be handled ex parte with notice to the conservator and the conservatee. L. Electronic Transmission of Court Investigation Reports, Determinations, and Orders. Pursuant to stipulation by the relevant parties, service of the Court Investigation Unit’s reports in general conservatorship investigations, review investigations, successor investigations, special investigations, and for petitions for termination of a conservatorship must be transmitted electronically to the attorney of record for the Public Guardian and the Assistant Public Guardian of the City and County of San Francisco. M. Substitution of Attorney. The Substitution of Attorney form may be used for a conservator to substitute in as self-represented for cases of conservatorship of the person only. N. Substituted Judgment Petitions. A petition for substituted judgment to create and fund a trust or to execute estate planning documents must be filed separately from any other petition. 14.48 Establishment of Trusts Funded by Court Order. The requirements set forth below apply to all trusts funded by court order, as defined by CRC 7.903(a), regardless of whether the beneficiary is subject to conservatorship. The Court may waive one or more requirements upon a showing of good cause. A. Terms of trust. Regardless of any other provision of a trust established under court order, in administering the trust, the trustee must be subject to the same terms and conditions as a conservator of estate, unless specifically waived by the Court upon a showing of good cause. B. Order. The order authorizing creation of the trust must attach and incorporate by reference a copy of the proposed trust. 14.49 Special Needs Trusts. A. All petitions to establish a special needs trust brought by an attorney-in-fact must include the protections provided by CRC 7.903, unless the Court for good cause waives the inclusion of such provisions. B. Prior to establishment of a special needs trust, the proposed trustee must submit a budget of anticipated expenditures to be paid out of the special needs trust. C. In order to make or retain investments that do not meet the requirements of Prob. Code § 2574(a), the proposed trustee/trustee must petition for Court authorization and must petition for renewed authority with each accounting. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. Code § 2574(b). Making or retaining investments in Mutual Funds requires Court authorization. Court authorization of any proposed investment(s) will be based on the trustee’s representations and is subject to the fiduciary’s duty to monitor all investments and comply with prudent investment standards and statutory requirements. 14.50 Extraordinary Services in Decedent’s Estates. See CRC 7.702 and 7.703. For administration of a decedent's estate commenced before July 1, 1991, § 902 of the 1990 Probate Code is applicable. Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate, whether by the attorney for the representative or outside counsel, must be requested in advance and will ordinarily be allowed upon a properly noticed petition estimating the cost of the litigation. Upon proper showing, the Court may authorize progress payments prior to completion. 14.51 Expenses of Tax-Related Services, Accounting, and Bookkeeping. A personal representative may employ tax counsel, tax auditors, 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 personal representative’s statutory commission any sums paid from estate funds for performance of the representative's ordinary duties such as ordinary accounting and bookkeeping services, including the preparation of schedules for court accounts. 14.52 Compensation for Guardians, Conservators, and Trustees. See Probate Code § 2640 et seq., CRC 7.751, CRC 7.776. All requests for fees based on an hourly rate must be accompanied by a declaration of the guardian, conservator, or trustee with supporting time records. Time records must identify the billing party providing the service and include the hourly rate for each billing party, the time spent on the services described in the entry, and the total fee charged for that entry. If fees requested are based upon a percentage of the estate, such as one percent (1%) per annum of the fair market value of assets at the end of the accounting period or six percent (6%) of income, the Court may require supporting time records. In addition, the request must address the standards and criteria set forth in CRC 7.756 or CRC 7.776 in sufficient detail for the Court to evaluate the reasonableness of the requested fees. 14.53 Attorney Fees in Guardianships, Conservatorships, and Trusts. The Court does not grant attorney fees in the Order Appointing Conservator. Attorney compensation is allowed according to the work actually performed. Fee requests must be supported by a declaration under penalty of perjury of services performed, time expended, average hourly rate, results accomplished, and benefit to the entity and must be supported by time sheets. Each timesheet entry must identify the attorney/paralegal providing the service and include the hourly rate for the attorney/paralegal, the time spent on the services described in the entry, and the total fee charged for that entry. In the event the attorney's office has performed bookkeeping services for a fiduciary, the Court may award the attorney a larger compensation and the fiduciary a lesser compensation. Fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business and Professions Code § 6450. 14.54 Contingency Fee Contracts. All contingency fee contracts to which a personal representative, guardian, or conservator is a party must be submitted to the Court for approval on noticed hearing. A copy of the contingency fee contract must be attached to the petition requesting approval. Probate Code § 2644 and § 10811. 14.55 Time for Allowing Compensation. A. In Decedent’s Estates. Statutory compensation will be granted by the Court only in proportion to the work actually completed. In any event, the last twenty-five percent (25%) of the statutory compensation generally will not be allowed before the final distribution. Compensation for extraordinary services will be allowed before final distribution only when it appears likely that the estate will remain in probate for an unusually long time, whether due to litigation or other cause, or on a showing that present payment will benefit the beneficiaries or the estate. When a personal representative, who is an attorney, requests fees for services as the attorney in addition to the personal representative’s compensation, Court approval must be requested within ninety (90) days after Letters are issued to the attorney as the personal representative. The petition for approval of such additional statutory fees must be set on the regular hearing calendar and must set forth specifically why it would be to the advantage, benefit, and best interests of the decedent’s estate. Probate Code § 10804. B. In Guardianships, Conservatorships, and Trusts. The Court prefers to determine the amount of fees at the time an account is considered. Absent good cause, requests for fees on account will be considered only in the petition for appointment or as part of a petition for approval of an account. C. Fees or Commissions Taken in Advance. Unless the Court has fixed an amount of a periodic compensation under Probate Code §§ 15682 and 2643, where commissions or fees are paid in advance of Court authorization, the Court will require an appearance by counsel and a declaration stating the reasons for such payments. The Court may require a payment of interest on such payments or impose a surcharge. In petitions requesting reimbursement to a guardian or conservator for the payment of a retainer, the attorney must describe services performed and their benefit to the estate, before the Court will allow reimbursement. D. Manner of Requesting Fees. The original petition in which fees are requested must identify the specific amount of fees sought. All support, including timesheets, for such fee requests must be included in the original petition or in papers filed contemporaneously with the petition. Fees that are not requested in conformity with this rule may be deemed forfeited. 14.56 Imposition of Lien. Where all or a portion of the fee awarded exceeds the cash on hand in the estate, the Court may issue an order imposing a lien accruing five percent (5%) simple interest for fees on any or all of the assets in the estate. Ordinarily, enforcement of the lien will be deferred until the assets of the estate, subject to the lien, have been liquidated for reasons other than the satisfaction of an unpaid fee. 14.57 Costs Reimbursed or Absorbed in Fee. A. Reimbursed. Court clerk's fees. Court reporter fees. Newspaper publication fees. Surety bond premium. Appraisal fees. B. Absorbed as part of fees. Secretarial and word processing time. Fees for online legal research services. Mileage, parking, cab/rideshare fares, and tolls. C. Personal representatives may not reimburse themselves for travel expenses without a prior Court order. D. Obtain prior Court permission if amounts are unusually large. 14.58 Personal Representative/Attorney Compensation on Sale of Real Property. Where the attorney or personal representative is also a licensed real estate agent or broker, the attorney or personal representative may collect the statutory fee as well as the commission on the sale of real property subject to prior Court approval, however, no extraordinary fees will be awarded. 14.59 E-Filing. LRSF 2.11 regarding E-filing for San Francisco Superior Court applies to “Designated Cases.” Designated Cases include Trust, CARE Court, Decedent’s Estate cases, Guardianship cases, and Conservatorship cases. Mental Health cases are not Designated Cases and conventional filing rules apply, until further notice. The following E-Filing rules do not apply to cases pending in the Mental Health Division. A. E-Filed Bank Statements. For accounting in Designated Cases, the original bank statements must be E-Filed. Additionally, the attorney of record or the Court-appointed fiduciary must E-File a declaration certifying that the original document(s) will be available for inspection in the same way as documents are maintained under CRC 2.257. B. E-Filing Rules for Ex Parte Petitions. 1) An ex parte petition for final discharge or for approval of a personal representative’s creditor’s claim must be dropped off, unfiled, to the Probate window in Room 103 unless mailed. 2) All other drop-off ex parte petitions must be E-filed, after which a courtesy copy and proposed order must be dropped off to the Probate window in Room 103 unless mailed. 3) Petitions that require an appearance must be E-filed. The comment section must request that the clerk set the matter on the ex parte appearance calendar. C. Documents that Must be Conventionally Filed. The original of the following documents must be Conventionally filed: 1) Original will and codicil 2) Certified copy of death certificate with affidavit pursuant to Probate Code § 13101 3) Certified copy of birth certificate 4) Letters 5) Certified copy of Spousal Property Order 6) Certified copy of Letters when required for final distribution 7) Surety bond D. Self-Represented Parties Opting into E-Filing and E-Service. Once a self-represented party E-files a document, that party must comply with the E-Filing Rules from that point forward in that case. A self-represented party who chooses to E-file thereby consents to E-service. E. Proposed Orders. See LRSF 14.7.A. F. Exclusions from E-Service. Notwithstanding LRSF 2.11 (Q) (1), E-Service in Designated Cases pending in the Probate or Mental Health Division is not mandatory. Unless otherwise directed by the Court or by a party entitled to notice, parties may serve documents by Conventional means or by E-Service. Adopted: July 1, 1998 Last Revised: July1, 2026 Appendix A CHECKLIST OF COMMON PROBLEMS AND REASONS FOR DELAY 1. Proposed orders not submitted on time . 2. Proofs of mailing notice not on file or defective, or required notice not given, as for example: a. mailing notice before the pleading requiring notice is filed; b. on probate distributions, beneficiaries not noticed; c. on trust accounts, remaindermen not noticed; d. on petitions under Probate Code § 17200, failure to mail copies of petition when required, or to refer to that mailing on the proof; e. when pleadings are amended - new notice required; f. on petitions to admit a will and codicils, failure to give notice to a beneficiary whose bequest has been revoked by a codicil; g. failure to give notice to alternate executors; and h. failure to give notice to a contingent beneficiary, e.g., where a will prescribes a survival period and the survival period has not elapsed. 3. Account in poor form: a. no summary reconciling charges and credits; b. starting figure incorrect or missing (e.g., amount of inventory, amount received on distribution, or amount on hand at last account); c. inadequate itemization of income, not showing source and dates; d. showing principal items as income or "receipts;” e. inadequate itemization of disbursements, not showing dates of payments, to whom paid, and for what purpose; f. failure to show property on hand; and g. computation of statutory fees unclear or defective: 1. claiming "statutory fees" on property passing or belonging to a spouse, where there has been no § 13502(b) election; and 2. erroneously increasing estate accounted for by refunds received for amounts paid during estate administration, returned deposits on sales, and advances by beneficiaries. 4. Failure to caption petition so as to give complete notice and full information as to contents. 5. Death taxes not allocated or prorated in petition for final distribution, where there is no tax clause. 6. Creditors’ claims filed with Clerk of the Court, but not acted upon by the personal representative. 7. Failure to describe assets on hand in petitions for distribution, or to describe assets in orders making distribution and failure to include full legal description of real property in order of distribution and in orders confirming sale of real property. 8. Failure to sufficiently allege and describe services rendered on extraordinary fee requests. 9. Incomplete facts re identity and genealogy of issue of predeceased child(ren) or siblings and heirs of predeceased spouses and other non-obvious heirs. 10. In petitions to settle trust accounts, failure to justify by appropriate allegation (e.g., consent of beneficiaries) any deviation from the usual method of charging fees one-half to income and one-half to principal. 11. In petitions and orders for distribution, failure to provide for the statutory interest on general pecuniary bequests. 12. Failure to allege and explain a plan of distribution in cases where there is insufficient cash, where cash adjustments are required, or where there are complexities in allocating or prorating death taxes or computing distributable percentages of residue. 13. In appropriate cases (e.g., specific bequests and distributions to trusts), failure to allocate probate income on final distribution. 14. Failure to use current Judicial Council forms. 15. Failure to allege the status of bonds and the possible need for increase or decrease in petitions to settle accounts of guardians, conservators, and trustees of trusts related to guardianships or conservatorships, or in petitions to release blocked funds. 16. Omission of verification by petitioner. 17. Attachment of inappropriate "exhibits" to proposed orders. 18. In petitions for final distribution, failure to justify the proposed distribution by references to the will or by outlining the intestate entitlement. 19. In proposed orders for final distribution, proposing findings or orders not covered in the petition, or incorporating trust provisions of the will by reference, rather than setting them forth in full. 20. E-Filing Issues: a. failure to file timely to allow for time to upload the pleading; and b. failure to file the declaration regarding retention of originals. 21. Ex Parte Matters: a. lack of appearance by attorney, proposed fiduciary, and/or minor or proposed conservatee on applications for special letters of administration or temporary letters of guardianship or conservatorship; b. failure to submit copies of receipts and copy of order of distribution exceeding three pages with petitions for discharge; c. failure to allege status as to requests for special notice; d. failure to provide required notice to proposed conservatee and relatives within the second degree on applications for temporary letters of conservatorship; e. failure to allege specific jurisdictional facts on petitions to approve sales of depreciating property or property causing expense, particularly with respect to jewelry, coins or furniture; f. failure to explain why temporary conservator must be appointed prior to hearing date for general conservator; g. on application for exclusive listing agreements, failure to attach a copy of the proposed agreement on an appropriate form adapted for probate sales, and to allege reasons why the exclusive listing is advantageous; and h. on petitions or stipulations for correcting clerical errors included in orders, failure to make allegations or recitals showing entitlement to relief under CCP § 473(d). 22. Inventories: a. no indication as to whether property is separate or community; b. property inadequately described; c. non-cash assets not appraised by a Probate Referee; d. properly inventoried assets omitted; and e. improper assets included. Appendix B EX PARTE GUIDELINES FOR PROBATE 1. Ex parte hearing calendar. The following matters may be set on the daily ex parte probate calendar for appearance according to existing procedures for scheduling and notice: • Petition for appointment of temporary conservator • Petition for supplemental powers of temporary conservatorship if an urgent need arises during the temporary conservatorship • Petition for appointment of temporary guardian • Petition for letters of special administration • Petition for appointment of temporary trustee if there is a need for an immediate Appointment • Petition to advance hearing date • Application for order shortening time • Application for temporary restraining order • Other matters only with approval of the Court 2. Matters that will not be considered on an ex parte basis include, without limitation: • Petitions to determine entitlement to property (e.g. Heggstad & § 850 petitions) • Petitions for substituted judgment under Probate Code § 2580 • Petitions for preliminary or final distributions • Petitions for instructions • Requests for partial statutory fees or commission • Appointment of successor trustees, except where the subject trust is related to an open conservatorship matter • Petitions for modification or termination of trusts, for settlement of accounts and/or for final distribution • Petitions to approve settlement agreements (unless previously authorized by a judicial officer in open court) • Reducing conservator’s bond during an interim accounting period when no accounting is presented • Sale of a conservatee’s residence • Encumbering a conservatee’s residence including requests for reverse mortgages, equity lines, etc. • Conservator’s fees on account • Authorization to retain counsel on contingency fee contract • Petitions required to be fully noticed and set for hearing by governing statute (e.g., petitions for allowances to conservatees (Prob. Code § 2421), petitions to provide support or education of wards out of estates notwithstanding parents’ duty to support (§ 2422), petitions to reduce or exonerate bond (§ 8484), or petitions to upgrade personal representatives’ IAEA authority from limited to full (§ 10450)). For any of the above matters, an order advancing a hearing date and/or shortening time for notice may be requested by ex parte petition set on the appearance calendar. Appendix C FOR ALL PROBATE FEE SCHEDULES Log onto website https://sf.courts.ca.gov/forms-fees
14 Probate and Mental Health Division 14.0 Organization and Administration. The Probate and Mental Health Division handles matters involving decedents’ estates, trusts, guardianships of children, conservatorships of adults, mental health treatment, CARE Act Court and dependent adult/elder abuse restraining orders when related to an existing conservatorship. More information regarding the Probate a
Reviewer note: Composed 2026-10-08 (California T4 San Francisco build 2026-10-08) from BenchPath custody ca/t4/ca-san-francisco/docs/local-rules/final-proposed-changes-lrsf-effective-july-1-2026-submitted.pdf (the court's rule book, “Uniform Local Rules of Court, Superior Court of California, County of San Francisco, Effective: July 1, 1998, Revised: July 1, 2026”, as fetched 2026-10-08; 2706376 bytes, sha256 82645c96954e6d459832c1ee68c5a042ff7f90ebc58fceb9a82fc7c5575631ad; 251 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 3 to 235): each page's running header (“Local Rules of Court San Francisco Superior Court” and “Rule N”) and footer (“Effective: ...; Revised ...” and the printed page number) removed as chrome; lines reflowed into the rules' paragraphs; the one struck letter in the book (the final “s” of “means” in Rule 2.11(A)(5), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; four rule headings set on their own lines and 23 paragraph breaks the reflow made inside sentences rejoined (whitespace-only fixes); the body's one soft hyphen (Rule 12.15's “JV-” at a line end) read as the hyphen it prints and the reflow's space after it removed; Rule 11's two tables (the timeshare percentages and their definitions) set row by row (the same characters); the body cut at the rule headings, which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents and the index belong to no rule. Review note: Rule 14 carries its own Appendices A (Checklist of Common Problems and Reasons for Delay), B (Ex Parte Guidelines for Probate) and C (a pointer to the probate fee schedules); they are part of this card. Published as printed: “Last Revised: July1, 2026”.
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.