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Rules 4-101 to 4-122: the probate department's local policies and procedures, binding though the Court may depart from them; the court's website for tentative rulings and the online probate calendars, and the Probate Clerk at 315 W. Elm Street, Lodi, CA 95240; petitions with their supporting papers on file thirty (30) calendar days before the hearing, the notice of hearing and proofs of service for the initial petition at least ten (10) court days before, other proofs of service filed with their papers (or the papers rejected), proofs of publication at least five (5) court days before, and matters of the Public Defender or the Public Conservator heard Tuesdays or Thursdays only (4-101); no oral testimony on verified petitions (4-102); contested matters - on the pleadings at the end of the calendar, two hours or less on a date certain, longer ones as scheduling permits, and no mailed notices of continued hearings (4-103); personal appearances on guardianship and conservatorship petitions and confirmations of sale (4-104); consolidation under the lowest number (4-105); ex parte applications - non-appearance matters decided on written submissions under the specific procedures on the Court's website, the Notice of Ex Parte Request (Local Form SJPR/MH-008), the exempt applications, California Rules of Court 3.1200 through 3.1206 and the showing of California Rule of Court 3.1202(c), and the Mandatory Local Form SJPR-006 declaration on notice (4-106); lineal charts (SJPR-203, SJPR-204, SJPR- 205) and proof of death (4-107); orders complete without the petition, attachments, the signature page, and proposed orders presented with the petition (4-108); petitions served with the notice of hearing when they contain an accounting or request extraordinary fees, and the accounting's Examiner's Copy within 5 court days of e-filing (4-109); tentative rulings posted the first court day before, contested by notice no later than 4:00 p.m. (4-110); continuances - of the initial hearing, of later hearings by declaration or appearance, contested hearings by Stipulation and Order with a new date from the courtroom clerk, trials under California Rules of Court, Rule 3.1332 - and dropped or dismissed matters (4-111); captions with the hearing's date, time and department (4-112); court created trusts filed as new cases (4-113); petitions concerning title (Probate Code 850, §§13150 and §§13650) with the deeds, the persons to be served under Probate Code §851 and the record title (4-114); costs not allowed (4-115); meeting and conferring on contested petitions within 30 days and the joint Meet and Confer Statement (local form SJPR-002) within 45 days (4-116); remote appearances (Civil Code of Procedure section 367.75; California Rule of Court, rule 3.672) - general hearings, law and motion, ex parte hearings and orders to show cause by Zoom without notice, the Instructions and Requirements for Remote Appearance (SJPR-001) served with every notice of hearing, no recording; evidentiary hearings, settlement conferences and trials in person unless authorized - RA-010 and RA-020 no later than ten (10) court days before with a declaration, RA-015 no later than five (5) court days before, courtesy copies to Department 11A (4-117); notice information (4-118); motions to withdraw (Probate Code §1220) (4-119); sanctions under Code of Civil Procedure section 177.5 (4-120); original financial documents lodged as confidential under the mandated local form SJPR-007, loosely bound, with return postage (4-121); and the declarations on assets received, filed with the Inventory and Appraisal (Probate Code 3600, 2610(a), 8901(c) and (d), 2620(c)(1)) (4-122).
RULE 4 PROBATE PART ONE – GENERAL PROCEDURE GUIDE 4-101. ALL PETITIONS (Eff. 01/01/20) INTRODUCTION A. General. The Probate Rules for San Joaquin County Superior Court set forth local policies and procedures of the probate department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. Guidance on probate law and practice may be found in pu
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 4-106's "SJPR- 006A" and Rule 4-107's "SJPR- 205"; Rule 4-113's heading dates it 01/01/19 and its closing note 01/01/09. Rule 4-117(D)(4) directs courtesy copies of remote appearance notices and oppositions to Department 11A, and the Ex Parte Procedures (carded; Rule 4-106(B)) say probate matters are heard "as of 8/15/2024" in Department 11A; the Probate page (carded) says the Probate Department moved to Lodi, Department L2, beginning Monday, February 3, 2025 - a review task asks the court where the courtesy copies go and whether the procedures' departments are current.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
RULE 4 PROBATE PART ONE – GENERAL PROCEDURE GUIDE 4-101. ALL PETITIONS (Eff. 01/01/20) INTRODUCTION A. General. The Probate Rules for San Joaquin County Superior Court set forth local policies and procedures of the probate department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. Guidance on probate law and practice may be found in publications such as California Decedent Estate Practice, California Trust Administration, and California Conservatorship Practice, which are published by CEB, Continuing Education of the Bar - California. These rules, although binding on parties, may be departed from at the discretion of the Court. B. Contact Information. Website: For current contact information, tentative rulings, and the online probate calendars, parties should refer to the court's website at: www.sjcourts.org. All local forms referred to in this rule are available at and can be downloaded from the court website. (Hover over the "Forms and Filing" tab on the court’s home page, then "Local Forms" in the drop-down menu.) The following may be helpful in matters presented to the Probate Court: Clerk of the Probate Court: The physical address of the Probate Clerk is 315 W. Elm Street, Lodi, CA 95240. The mailing address is Superior Court of California – San Joaquin, Probate Department, 315 W. Elm Street, Lodi, CA 95240. C. Pleadings / Calendaring 1. Petitions with all supporting papers, except the Notice of Hearing and or proof of service, shall be on file thirty (30) calendar days before the hearing date. Failure to file all required paperwork in the time limits specified in this section, or sections 2 and 3 immediately below, may result in the hearing being continued. 2. Notice of Hearing and or proofs of service for the initial petition shall be filed with the Clerk at least ten (10) court days prior to the day of hearing. Any other proofs of service shall be filed with the Clerk contemporaneously with the papers to which they pertain, failure to contemporaneously file a proof of service with a document shall result in the document being rejected for filing. 3. Proofs of Publication shall be filed with the Clerk at least five (5) court days prior to the day of hearing. 4. Matters involving the Public Defender, or the Public Conservator, must be set for hearing Tuesdays or Thursdays only, unless a stipulation for another day, signed by the Public Defender and or Public Conservator is filed at the same time as the initial petition. (Eff. 01/01/20; Rev. 01/01/23; Rev. 07/01/23) 4-102. UNCONTESTED MATTERS (Eff. 01/01/20) Evidence At a hearing on a verified petition, oral testimony will not be permitted. All evidence should be stated in the petition, or accompanying declaration. (Eff. 01/01/20) 4-103. CONTESTED MATTERS (Eff. 01/01/14) If a contested matter can be submitted on the pleadings with argument, it will be heard at the end of the probate appearance calendar. As time permits, brief offers of proof will be allowed. Contested matters requiring two hours or less will be heard on a date certain in the Probate Department. Contested matters estimated to take more than two hours will be set in the Probate Department and heard as scheduling permits. Caveat: The Court does not mail notices of continued hearings. (Eff. 01/01/14) 4-104. WHEN PERSONAL APPEARANCE REQUIRED (Eff. 01/01/20) A. The petitioner and the petitioner’s attorney shall appear on all petitions for appointment of a guardian or conservator. B. The attorney for a conservatee, or ward, shall appear on petitions which concern the conservatee, or ward, respectively. C. The petitioner and or petitioner’s counsel shall appear for confirmation of sale of real property. D. Any matter which by law requires the personal appearance of any person or any matter which the Court may in its discretion require an appearance. (Eff. 01/01/20; Rev. 01/01/2023) 4-105. CONSOLIDATION WITH THE LOWEST NUMBER (Eff. 01/01/11) Whenever it appears that actions or petitions with different numbers have been filed with reference to the same decedent, the same ward, the conservatee, or the same trust, the Court will on its own motion consolidate all of the matters and assign the appropriate case number as the lead number. (Eff. 01/01/11) 4-106. EX PARTE APPLICATIONS (Eff. 01/01/20) A. Ex Parte Applications shall include any petition, application, request or motion. This rule shall apply, as applicable, to Civil Mental Health. B. Ex parte applications in Probate and Civil Mental Health are non-appearance matters and are decided on written submissions unless the Court, in its discretion, sets a hearing for a later date. Specific procedures for an ex parte application can be found on the Court’s website and must be followed. C. “Notice of Ex Parte Request” Local Form SJPR/MH-008 shall be filed and served with any ex parte application, unless otherwise stated. D. The following ex parte applications are exempt from the notice requirements of this chapter, as well as from Paragraph C above: 1. Ex parte application for Appointment of Guardian Ad Litem; 2. Ex parte application to Petition for Final Discharge and Order; E. The Probate Court will not entertain any ex parte application that does not comply with California Rules of Court 3.1200 through 3.1206, and is not accompanied by a declaration that makes "an affirmative factual showing… containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." California Rule of Court 3.1202(c). F. Except as provided in this rule and Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate, impractical, or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party. Mandatory Local Form SJPR-006 “DECLARATION RE NOTICE OF EX PARTE APPLICATION must be used and if needed form SJPR- 006A “ATTACHMENT TO DECLARATION RE: NOTICE OF EX-PARTE APPLICATION.” G. An ex parte order will not be granted unless accompanied by a verified ex parte application (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief. H. The Clerk may reject ex parte applications that do not comply with the subsections above. (Eff. 01/01/20; Rev. 01/01/23 and 01/01/25) 4-107. LINEAL CHART / HEIR INFORMATION/PROOF OF DEATH (Eff. 07/01/21) A. Where any petition calls for the relationship of the heirs or devisees, including but not limited to a Petition for Probate (DE-111), Petition to Determine Succession to Primary Residence (DE-310), an Affidavit re Real Property of Small Value (DE-305) or a petition under Probate Code §850, a chart of lineal descent must be included. If any beneficiary named in the Will, Trust or other document has predeceased or post- deceased the testator, the fact must be stated. The information shall be provided using local form Lineal Chart A (SJPR-203), Lineal Chart B (SJPR-204) and/or Lineal Chart C (SJPR- 205). B. Where any petition calls for family members, or heirs and his or her address to be listed, the individual’s name shall be listed, the individual’s relationship to the decedent, settlor, conservatee and/or ward, and where an address would be listed “Deceased” shall be listed if the individual is deceased. In addition, proof of death is required. Proof of death can be established by, but is not limited to, a death certificate, an obituary, or a declaration. (Eff. 01/01/20; Rev. 07/01/22; Rev. 01/01/2023; Rev. 07/01/23, Rev. 1/1/2025) 4-108. ORDERS – CONTENTS, ATTACHMENTS & SIGNATURE PAGE (Eff. 01/01/14) A. All orders and judgments in probate matters must be completed so that their general effect may be determined without reference to the petition on which they are based. All matters actually passed on by the court, including the relief granted, the names of persons and description of property (and if real property involved, the legal description and/or APN thereof), amounts of money affected, the terms of trusts, and the provisions of leases or other agreements, must be set forth with the same particularity which is required in judgments in civil matters. B. Riders and exhibits should not be attached to an order or decree; except that an exhibit setting forth legal descriptions, a statement of trust terms, and the like may be attached if specifically incorporated in the body of the order or decree. C. The Judge’s signature shall appear at the end of the last attachment with an appropriate indication of that fact on the last page of the body of the order or decree. The Judge’s signature should not appear on a page that doesn’t contain any other text. D. Proposed Orders or Judgments should be presented to the Clerk’s Office with the filing of the petition, motion, application, or request. (Eff. 01/01/14; Rev. 1/1/2024, Rev. 1/1/2025) 4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING A. In the following cases a copy of the petition, as well as a copy of the notice of hearing, must be served on all interested parties: 1. Where the petition contains the accounting of a trustee, personal representative, conservator or guardian, or 2. Where a fiduciary or attorney is requesting extraordinary fees or commissions. B. A courtesy copy of any petition containing an accounting shall be submitted to the Probate Clerk at the time the original is filed or within 5 court days of filing, if electronically filed, marked in red in the upper left-hand corner “Examiner’s Copy.” (Eff. 01/01/20; Rev. 07/01/22; Rev. 01/01/2023 and 01/01/25) 4-110. LAW AND MOTION; TENTATIVE RULINGS A. A tentative ruling for each law and motion matter on calendar will be available to counsel and litigants on the first court day before the scheduled hearing. The tentative rulings will be posted to the court’s website and can be accessed at: https://www.sjcourts.org/online-services/probate-notes-tentative-rulings/ B. The tentative ruling shall become the ruling of the court unless there is opposition by counsel or self-represented litigants (SRL). Counsel or SRL is responsible for reviewing the tentative ruling and notifying the superior court and all other counsel and SRL no later than 4:00 p.m. on the first court day preceding the scheduled hearing of his or her intent to appear to argue and shall include the item(s) he or she is contesting. The procedures for noticing all parties is provided on the Court’s website at https://www.sjcourts.org/online-services/probate-notes-tentative-rulings/ (Eff.01/01/2023; Rev. 07/01/23 [Former 4-110 Repealed 01/01/20) 4-111. REQUESTING A CONTINUANCE (Eff. 01/01/20) A. Continuance of initial hearing The first hearing on a matter may be continued to enable the petitioner to correct defective pleadings or procedural issues identified in the probate notes. The continuance can be made by the petitioner as listed below, or by the Court on its own motion, even if no request for a continuance is made. B. Continuance or dismissal after initial hearing All requests by the petitioner to continue subsequent hearings after the initial hearing must be done by a declaration or an appearance at the hearing, a continuance of a subsequent hearing may not be secured by a request to the clerk. After the initial hearing, the Court may drop or dismiss the matter unless the petitioner shows good cause for a further continuance, by a filed declaration or an appearance at the hearing. C. Contested hearings may be continued by Stipulation and Order Before the Stipulation and Order is submitted to the court, counsel or a self-represented party must call the courtroom clerk to obtain a new date. The stipulation must be signed by all parties who have appeared in the matter. This is for hearings only; any continuances of a trial or mandatory settlement conference must be done by a motion and comply with California Rules of Court, Rule 3.1332. D. Dropped or Dismissed Matters Dropped matters must be re-noticed after it has been placed back on calendar. A matter dismissed without prejudice must be refiled and noticed anew. E. Nothing in this rule shall excuse any party from complying with the notice requirements of the Probate Code or the California Rules of Court. (Eff. 01/01/20; Rev. 07/01/22) 4-112. CAPTION ON PLEADINGS (Eff. 01/01/20) The caption of each pleading shall include the date, time, and the department of the hearing. If the matter has been set for trial, the date of the trial shall also be included. (Eff. 01/01/20; Rev. 07/01/22). 4-113. COURT CREATED TRUSTS (Eff. 01/01/19) Where a trust is created in a conservatorship, guardianship, under a Probate Code § 3100 petition, or by a decree of distribution in a decedent’s estate, all future proceedings relating to the trust must be filed as a new separate case. (Eff. 01/01/09) 4-114. PROBATE PETITIONS CONFIRMING PROPERTY (Eff. 01/01/20) A. Any petitioner requesting an order concerning title to real property held in whole or in part by the decedent, conservatee, settlor or other party shall attach to the petition a copy of all deeds by which the decedent, conservatee, settlor or other party acquired title. Petitions concerning title shall include, but are not limited to Probate Code 850, Probate Code §§13150 et seq. (Petition to Determine Succession to Primary Residence, form DE-310), or Probate Code §§13650 et seq. (Spousal or Domestic Partner Property Petition, form DE-221). B. Whenever a petition is filed under the authority of Probate Code §850, et seq., which seeks to establish the owner of an interest in property, the petition shall plead facts which establish the claimed ownership interest, and list the person(s) to be served pursuant to Probate Code §851, including, but not limited, to the following persons: 1. Each person claiming an interest in or having title to, or possession of, the property, 2. Each known intestate heir, 3. Each known devisee whose interest in the property would be affected. 4. The list of persons to be served shall include the individual’s name, relationship and address. C. The petition shall set forth the form of record title and character of ownership at all relevant times covered by the petition. D. If the form of record title is based on a written document, a copy of the document shall be filed with the petition. (e.g., copy of all relevant deeds, copy of bank statement(s) or stock certificate(s)/statement(s), etc.) (Eff. 01/01/20; Rev. 07/01/22) 4-115. COSTS GENERALLY NOT ALLOWED TO COUNSEL, ADMINISTRATOR, TRUSTEE, CONSERVATOR, OR GUARDIAN (Eff. 01/01/20) Ordinarily, the Court will not allow reimbursement for costs of duplication of documents, telephone calls, postage, FAX (except court charges), convenience fees, parking fees or ordinary mileage incurred by the attorney, personal representative, trustee, conservator, or guardian as these are part of overhead, and should be absorbed in fees or commissions. (Eff. 01/01/20; Rev. 07/01/22) 4-116. MEET AND CONFER REQUIREMENT (Eff. 01/01/20) A. In the event of any contest or objection to any petition on the probate calendar, the parties or their respective attorneys shall make a reasonable and good-faith attempt to informally resolve the controversy at a face-to-face conference or video conference, if possible, otherwise by telephone conference, before any hearing of the contested petition. B. Within 30 days after service of any responsive pleading by the first respondent, and thereafter as each respondent objects and/or opposes, the parties must meet and confer as stated in A above, for the following purposes: 1. To discuss facts which are presently available to support the allegations of the pleadings filed by each party. 2. To discuss possible settlement of the action including, but not limited to, possible arbitration or mediation. 3. To exchange preliminary schedules of discovery. C. The parties must file a joint Meet and Confer Statement (parties may use local form SJPR-002) within 45 days after service of the responsive pleading. It will be the responsibility of the petitioner to arrange the conference and to prepare the joint statement, including areas of disagreement. (Eff. 01/01/20; Rev. 07/01/22) 4-117. REMOTE APPEARANCES (Eff. 01/01/22) A. This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. Notice requirements are set forth in rule 3.672 and below. B. For all General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause, parties may appear remotely with no notice to the other parties or to the Court. However, when noticing any hearing, motion, application, or request in the probate department, a copy of the local form Instructions and Requirements for Remote Appearance (SJPR-001) must be served with the Notice of Hearing or served separately, and a proof of service completed. The Court’s preference is that the Instructions and Requirements for Remote Appearance is attached to the Notice of Hearing, rather than filed separately, whenever possible. C. For all General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause, the Court has a Zoom video platform. a. The Zoom video platform link and login information, as well as the rules and requirements are listed on the Court’s website and in local form SJPR-001. b. Any recording, reproduction, or re-broadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited. c. Nothing in this rule limits the discretion of the judicial officer to require parties to appear in person for General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause. D. For Evidentiary Hearings, Settlement Conferences, Bench or Court Trials, and Jury Trials, parties must appear in person, unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer. 1. A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Judicial Council Form RA-010) and proposed Order Regarding Remote Appearance (Judicial Council Form RA-020) with the Court no later than ten (10) court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, or Jury Trial. 2. Attached to the Notice of Remote Appearance (Judicial Council Form RA- 010) must be a declaration as to why remote appearance is being requested. 3. In response to a notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than five (5) court days before the hearing in question. 4. A party must deliver a courtesy copy of any written Notice or Opposition under (1) or (3) listed directly above to Department 11A. 5. If approved, a Zoom video platform will be provided for the parties to appear. The Court will provide the video access meeting link, or require a party to provide notice of the video access meeting link. 6. It is the responsibility of the party who requested the remote appearance to make sure the person(s) appearing remotely is familiar with the Zoom video platform and the rules and requirements of appearing remotely. E. Even when a remote appearance is allowed or authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record is in question, counsel’s ability to provide effective representation is in question, an interpreter’s ability to provide language access is in question, or for any other reason which constitutes good cause under the circumstances. (Eff. 01/01/22; Rev. 07/01/22; Rev. 07/01/23 and 01/01/25) 4-118. NOTICE INFORMATION All probate petitions presented to the Court, including but not limited to a petition for final distribution, petition for approval of accounting, a petition under Probate Code § 850, must include the names, relationship and address for service for all parties entitled to notice. (Rev. 07/01/22; Rev. 07/01/23) 4-119. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Eff. 01/01/13) When presenting a Motion to Withdraw as Attorney of Record, Notice shall be provided to all beneficiaries as required by Probate Code §1220 in a Decedent’s Estate where the withdrawal is being requested due to the fiduciary’s failure to cooperate. (Eff. 01/01/13; Moved from 4-218) 4-120. SANCTIONS (Eff. 07/01/22) The mandates set forth in these Local Rules are considered lawful orders of the court. Violation of any of these Local Rules may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5 for violation of a lawful court order. (Eff. 07/01/22) 4-121. LODGING OF REQUIRED DOCUMENTS A. All original documents submitted by fiduciaries in support of their Inventory and Appraisals or accounts as required by Local Rules 4-122 or Probate Code § 2620(c), including financial account statements, original closing escrow statements, and original residential care facility or long-term care facility bills must be lodged separately from the Inventory and Appraisal or accounting as a confidential document complying with California Rules of Court, Rule 2.100 et seq. B. The caption page for the document must be the mandated local form SJPR-007 “Financial Document(s) Cover Sheet,” and must include a statement regarding the total number of pages (including the cover sheet) submitted and a declaration by the fiduciary under penalty of perjury stating the documents attached are the originals. If original documents cannot be obtained and copies are lodged in lieu of the originals, a declaration setting forth the reason why the originals are not available shall be lodged with the copies. C. To facilitate scanning, the documents must be loosely bound and not stapled. D. To facilitate return of the original document(s), the fiduciary must submit, at the time of filing, a self-addressed stamped envelope for mailing the document(s) or an attorney service pick-up slip. E. Documents scanned by the Court shall constitute the Court’s permanent record of such documents. After the documents are scanned, the Clerk is directed to return the documents to the fiduciary. The Court will retain the documents in electronic form only. The fiduciary must retain the originals at least until the order approving the final account is final. (Eff. 01/01/24) 4-122. DECLARATION REGARDING ASSETS ON INVENTORY AND APPRAISAL A. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a decedent's estate, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order of Partial or Final Distribution, Spousal or Domestic Partner Property Order, Affidavit re Real Property of Small Value, Order Determining Succession to Real Property, or Affidavit for Collection or Transfer of Personal Property from the decedent's estate. B. When a minor or conservatee receives an asset that was the subject of an order under Probate Code 3600 et seq., the guardian or conservator who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the order under Probate Code 3600 et seq. C. When a minor, conservatee, or decedent's estate receives proceeds as the beneficiary of a life insurance policy, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the check received from the life insurance company. D. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a deceased conservatee or ward, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order that requires distribution of the asset from the estate of the deceased conservatee or ward. E. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes property to be appraised by the guardian or conservator or personal representative pursuant to Probate Code 2610(a) and/or Probate Code 8901(c) and (d), they shall concurrently lodge in the manner provided in Local Rule 4-121 the following: 1. For accounts at a bank or other financial institution, account statements as defined in Probate Code 2620(c)(1) for each account showing the account balance as of the date of appointment of the guardian or conservator or the decedent's date of death. Submitting an account statement pursuant to this rule satisfies the requirement to file the statement pursuant to Probate Code 2620(c). Any variation between the statement and the balance reflected in the inventory or account that is not otherwise readily understandable from the statement shall be explained by a declaration filed with the lodged documents. 2. For checks, a copy of the check. F. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes a parcel of real property in California, they shall lodge concurrently with the filing of the Inventory and Appraisal a copy of the deed(s) by which the conservatee, minor, or decedent acquired title to the property. (Eff. 01/01/24)
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.