Loading…
Rules 4-301 to 4-304: no preliminary or final distribution heard until a Will's survival period has expired (4-301); the ultimate facts establishing the community character of property in a petition confirming its passage to the surviving spouse without administration (Probate Code §§ 13650, et seq.) - the dates the asset was acquired and of the marriage and the manner of acquisition (4-302); the Will or codicil deposited with the Court before or with a small estate petition or affidavit (Probate Code §§13150, §§13500, §13200 and § 8200), an authenticated copy where it is deposited in a foreign jurisdiction, and a lost Will's copy with a declaration on the presumption of revocation (Probate Code § 6124) (4-303); and the mandatory local form Declaration in Support of Affidavit re Real Property of Small Value (SJPR-206) attached to an Affidavit for Real Property of Small Value under Probate Code § 13200, with the Will (a typed copy of a holographic one) or the heirs' relationship (4-304).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS 4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME (Eff. 01/01/20) If a Will contains a period of survival as a condition precedent to the spouse’s or beneficiary’s right to receive assets, the petition for a preliminary or final distribution cannot be heard until the survival period has expired. (Eff. 01/01/20; Rev. 7/1/2021) 4-302. WHEN PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT (Eff. 01/01/09) In a petition for order confirming the passage of property to the surviving spouse without administration (Probate Code §§ 13650, et seq.), unless specifically devised, the ultimate facts which establish the community character of the property must be stated, including, but not limited to: 1. The date the asset was acquired and the date of the marriage. 2. The manner in which the asset was acquired, e.g., purchase, exchange, gift, or inheritance. a. If acquired by purchase or exchange, how the source of the consideration was community property. b. If acquired by gift or inheritance, how the asset is now community property, e.g., gift or bequest to both spouses, transmutation agreement, etc. (Eff. 01/01/09; Rev. 07/01/22) 4-303. SMALL ESTATE WITHOUT ADMINISTRATION DEPOSIT OF WILL AND/OR CODICIL (Eff. 07/01/21) A. If a Petition to Determine Succession to Real Property (Probate Code §§13150 et seq) or Spousal Property Petition (Probate Code §§13500 et seq) or Affidavit for Real Property of Small Value (Probate Code §13200) is based upon the decedent’s Will and/or codicil, the Will and/or codicil shall be deposited with the Court prior to or concurrent with the filing of the petition. B. An original Will and/or codicil shall be deposited with the Court pursuant to Probate Code § 8200. C. If the original Will and/or codicil has been deposited with a foreign jurisdiction, a duly authenticated copy of the Will and/or codicil shall be filed as an attachment to the petition. D. If the original Will and/or codicil is lost, a copy of the lost Will and/or codicil, or document(s) setting forth the terms of the lost Will and/or codicil shall be filed as an attachment to the petition. The attachment shall clearly indicate that the original Will and/or codicil is lost, and shall be accompanied by a declaration addressing the presumption of revocation under Probate Code § 6124. (Eff. 07/01/2021; Rev. 07/01/22) 4-304. AFFIDAVITS FOR REAL PROPERTY SMALL VALUE (Eff 07/01/21) When an Affidavit for Real Property of Small Value is filed pursuant to Probate Code § 13200, one of the following must be attached to the affidavit: A. If the decedent died testate, a statement using mandatory local form Declaration in Support of Affidavit re Real Property of Small Value (SJPR-206) identifying that the decedent died testate and an executed copy of the Will; If the Will is holographic, provide a typed copy; or B. If the decedent died intestate, a statement using mandatory local form Declaration in Support of Affidavit re Real Property of Small Value (SJPR-206) identifying the relationship of the heir(s) which establishes the affiant’s claim to entitlement. (Eff. 07/01/2021; Rev. 01/01/2023)
PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS 4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME (Eff. 01/01/20) If a Will contains a period of survival as a condition precedent to the spouse’s or beneficiary’s right to receive assets, the petition for a preliminary or final distribution cannot be heard until the survival period has expired. (Eff. 01/01/20; Rev. 7/1/2021) 4-30
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.
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.