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Rules 4-501 to 4-510: the Court Investigator automatically appointed in petitions for temporary or general conservatorship, accountings and reviews (a petition to waive the appointment filed with the petition), and the Investigator's Copy of any petition requiring the investigator's report, within 5 court days of e-filing (4-501); the Confidential Conservatorship Questionnaire (local form SJPR-300), signed under penalty of perjury by each proposed conservator and submitted with every conservatorship petition, used for reports under Probate Code §2253 and released only by court order (4-502); temporary conservatorships before the noticed hearing by ex parte petition under the court's posted procedures (4-503); conservatorship reviews - the Conservatee Status Report-Person Only (SJPR-301) at least 30 days before the review hearing or by the ordered due date, and the Conservatee Status Report-Person & Estate (SJPR-302) (4-504); the fees of the attorney for a conservatee or minor - addressed in every account, ordinarily not to exceed $1,000.00 without itemization, or requested by ex parte application under local rule 4-106 (4-505); waivers of accounting by a minor who has attained majority or a competent conserved person (4-506); confirmation of a sale under independent powers (4-507); substituted judgment - documents with testamentary effect (sealed on request), the Community Resource Allowance or the Minimum Monthly Maintenance Needs Allowance only with points and authorities, the effect on the conservatee, and trusts created under PC §§ 2580 or 3100 opened as a separate proceeding within 30 days of the order (4-508); and all rules under Part One General Procedure Guide and Part Five applied to mental health cases regarding an estate (4-509).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART FIVE – CONSERVATORSHIP 4-501. APPOINTMENT OF COURT INVESTIGATOR (Eff. 01/01/20) A. A Court Investigator of the Superior Court for the County of San Joaquin is automatically appointed to investigate all petitions for appointment of temporary or general conservator, conservatorship accountings, and reviews. In these matters no petition for appointment is necessary. To avoid automatic appointment, a petition to waive appointment must be filed concurrently with the underlying petition. B. A courtesy copy is required for any petition that requires a report from a Count Investigator. The courtesy shall be submitted to the Clerk’s office, marked in red in the upper left-hand corner "Investigator’s Copy," at the time the original is filed, or within 5 court days of filing if electronically filed. (Eff. 01/01/20; Rev. 07/01/2021; Rev. 07/01/22; Rev. 07/01/23) 4-502. CONFIDENTIAL CONSERVATORSHIP QUESTIONNAIRE (Eff. 07/01/2021 A. A Confidential Conservatorship Questionnaire (local form SJPR-300) shall be completed, signed under penalty of perjury, and submitted with all petitions for conservatorship. Each proposed conservator shall sign the Conservatorship Questionnaire. The Conservatorship Questionnaire is used by the Court and/or by the Court Investigator to prepare reports under Probate Code §2253 or as ordered by the Court. The Conservatorship Questionnaire and the information contained on the Questionnaire are confidential. The Conservatorship Questionnaire shall not be released to any party or their attorney absent a court order. The clerk must maintain the Conservatorship Questionnaire in a manner that will protect and preserve the proposed conservator’s confidentiality. B. This rule shall apply to conservatorship cases only and not to guardianship cases. (Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023; Former 4-502 Repealed 01/01/20) 4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING (Eff. 01/01/20) A petition for appointment of temporary conservator, made ex parte in advance of the regularly noticed hearing, must follow Local Rule 4-.106 and any procedures posted on the Court’s website. (Eff. 01/01/20; Rev 01/01/25) 4-504. CONSERVATORSHIP REVIEW (Eff. 07/01/2021) A. At least 30 days before a review hearing, or by the Due Date ordered by the Court, the conservator of the person only shall complete and return the local form Conservatee Status Report-Person Only (SJPR-301.) B. The conservator of the person and estate or estate only shall complete and return the Conservatee Status Report-Person & Estate (local form SJPR-302. C. This rule shall apply to conservatorship cases only and not to guardianship cases. [Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023 and 01/01/25; Former 4-504 Repealed 01/01/20] 4-505 COMPENSATION AND FEES FOR ATTORNEY OF CONSERVATEE OR MINOR (Eff. 01/01/20) A. Fees of Attorney for a Conservatee or a Minor 1. The Conservator(s) or Guardian(s) or attorney for the Conservator(s) or Guardian(s) and the attorney for the Conservatee or Minor shall communicate with each other regarding the issue of attorney fees for the attorney for the Conservatee or Minor. A request for fees for the attorney for the Conservatee or Minor shall be addressed in all accounts. 2. The Court will ordinarily allow a sum not to exceed $1,000.00 as fees for the attorney for the Conservatee or Minor without specific itemization. The work covered by this fee includes the review of the Court Investigator’s report, review of an account, if any, conferring with the Conservatee or Minor, and a report to the Court, either orally or in writing. 3. If fees for the attorney for a conservatee or minor are not addressed in the petition for accounting, an attorney for the conservatee or minor who requests attorney fees not to exceed $1,000.00 may request by way of ex parte application per local rule 4-106. 4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED (Eff. 01/01/09) Ordinarily, neither a minor nor a conserved person may waive an accounting. However, a minor who has attained majority will be permitted to waive a final accounting upon a showing of unusual circumstances, and upon personal appearance in court at the hearing on the petition for termination without an accounting. A conserved person may waive an account upon a showing of competence. (Eff. 01/01/09) 4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS (Eff. 01/01/09) A conservator or guardian who has been granted the independent power to sell real property, but who petitions the Court for confirmation of sale, must meet the requirements for sale as if the independent power had not been granted. (Eff. 01/01/09; Rev. 07/01/22) 4-508. SUBSTITUTED JUDGMENT (Eff. 01/01/11) A. Documents Which May Have Testamentary Effect The petition shall be supported by copies of any known documents which may have testamentary effect or which purport to gift any property of the conservatee before death. Such documents may be submitted with a request and proposed order that they be kept under seal, not to be examined by anyone except the Court except upon order of the Court. The Court shall seal any such document for which a request is made by the party submitting the document. B. “Community Resource Allowance” and “Minimum Monthly Maintenance Needs Allowance” The Court will not hear petitions, nor issue orders, regarding “Community Resource Allowance” or “Minimum Monthly Maintenance Needs Allowance” unless such petition is accompanied by points and authorities specifying the jurisdiction and authority of the Probate Court to hear and decide such matters. C. The Effect upon the Conservatee The petition shall set forth the circumstances of the conservatee should the petition be granted, including, but not limited to, assets remaining, the projected needs of the conservatee and the manner in which those needs will be met. Where a petition seeks transfer of all, or a major portion, of a spouse’s assets for the purpose of eligibility for public benefits the estate plan of the receiving spouse for those assets must be set forth for the Court. The documents may be submitted with a request and proposed order that they be kept under seal, not to be examined by anyone except the court except upon order of the Court. The Court shall seal any such document for which a request is made by the party submitting the document. D. When a trust is created under PC §§ 2580 or 3100 the Order shall provide, as a condition of approval that the Trustee shall commence a separate trust proceeding with a probate case number in this county by filing an Acceptance of Trust by Trustee, with a certified copy of the Order for Substituted Judgment and the Trust attached. This shall be done within 30 days of the Order being signed. A Receipt of Assets by the Trustee shall be filed in the new case file along with the Acceptance of Trust, and the Bond, if there is a bond to be posted under the terms of the trust. (Eff. 01/01/11; Rev. 07/01/22; Rev. 01/01/2023) 4-509. ALL RULES UNDER PART ONE GENERAL PROCEDURE GUIDE AND PART FIVE – CONSERVATORSHIPS SHALL APPLY TO MENTAL HEALTH CASES REGARDING AN ESTATE Eff. 01/01/25) (Former 4-509 Repealed 01/01/24) 4-510. "RESERVED FOR FUTURE USE" (4-510 Repealed 07/01/22)
PART FIVE – CONSERVATORSHIP 4-501. APPOINTMENT OF COURT INVESTIGATOR (Eff. 01/01/20) A. A Court Investigator of the Superior Court for the County of San Joaquin is automatically appointed to investigate all petitions for appointment of temporary or general conservator, conservatorship accountings, and reviews. In these matters no petition for appointment is necessary. To avoid automatic appointmen
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card. Review note: Carried as printed: Rule 4-501's "a Count Investigator" and "The courtesy shall be submitted"; Rule 4-503's "Local Rule 4-.106"; Rule 4-504's "(SJPR-301.)" and "(local form SJPR-302."; Rule 4-505's heading, with no period after its number, and the rule's close without a history note; and Rule 4-509's heading "AN ESTATE Eff. 01/01/25)".
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.