San Joaquin County Superior Court Local Rules (effective July 1, 2026) — Rule 4: Probate, Part Two: Decedent Estates

Requirement

PART TWO – DECEDENT ESTATES 4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES (Eff. 01/01/08) In addition to the notice required to be mailed by Probate Code §§ 8110-8113, notice shall also be mailed to all contingent devisees and beneficiaries named in the Will. (Eff. 01/01/08; Rev. 01/01/23; Rev. 07/01/23) 4-202. COPY OF TRUST REQUIRED FOR POUR-OVER WILLS (Eff. 07/01/21) Where notice is required to be given pursuant to Probate Code §1208(b), such as where a trust is a beneficiary of a decedent’s estate, the petitioner shall file separately from the petition as a confidential document a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. The confidential document shall be filed using the court’s mandatory local form Confidential - Trust Documents Coversheet (SJPR-100) as the cover page. The confidential document shall not be released to any party absent a prior order of the Court. [Eff. 07/01/2021; Rev. 07/01/22; Former 4-202 Repealed 01/01/20] 4-203. NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL (Eff. 01/01/20) A. A petitioner who files a petition for letters of administration, letters of administration with Will annexed, probate of Will and for letters testamentary, to determine succession to real property, or a spousal property petition must comply with this rule if either of the following is true: 1. The petition requests a finding that the decedent died intestate when a Will and/or codicil has been lodged as an original with the Court or a copy of a Will and/or codicil has been otherwise filed with the Court. 2. The petition requests probate of or distribution under a Will and/or codicil, and a different Will and/or codicil has been lodged as an original with the court or a copy has otherwise been filed with the court. B. The petitioner shall serve a copy of the rejected Will and/or codicil attached to local form Notice of Refusal to Petition for Probate of Will or Codicil (SJPR-202) on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition. C. This rule does not apply if any of the following is true: 1. The petition requests probate of or distribution under a Will that purports to have been executed after the date of rejected Will and/or codicil and that expressly revokes all prior Wills. (Eff. 01/01/20; Rev. 07/01/23) 4-204. COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A (Eff. 01/01/09) An executor or administrator who has been appointed with full powers under the Independent Administration of Estates but who voluntarily petitions for court confirmation of the sale of real property must meet the requirements for sale by a representative without full authority. (Eff. 01/01/09; Rev. 07/01/23) 4-205. CONTRACTS WITH BROKER OR AGENT (Eff. 01/01/20) A. Any application for order approving an exclusive listing agreement with a real estate broker or agent shall include a completed copy of the proposed written listing as an attachment. Such application may be submitted ex parte as an “Order on Matter Not Requiring Hearing” as described in Local Rule 4-106 E. B. Upon the confirmation of the sale of real property, justification is required for any commission in excess of six percent. (Eff. 01/01/20; Rev. 07/01/23) 4-206. APPLICATION FOR FAMILY ALLOWANCE (Eff. 01/01/11) Any application for family allowance shall include: 1. The applicant’s income from sources outside estate; 2. An itemized list of the applicant’s assets, and a statement of the approximate value of each; 3. A general statement of the assets and of the liabilities of the estate; 4. The date of the application; 5. The date of the decedent’s death; and 6. A general statement of other applications (if any) on file for allowances. (Eff. 01/01/11; Rev. 07/01/22) 4-207. PETITION FOR PRELIMINARY DISTRIBUTION (Eff. 01/01/11) A. A petition for preliminary distribution shall not be granted unless the inventory and appraisal has been filed. B. The petition for preliminary distribution must state: 1. The approximate value of the property remaining in the estate after the proposed distribution. 2. An estimate of the total amount of outstanding liabilities, including but not limited to unpaid taxes, unpaid claims and/or unpaid administration expenses or reimbursements. C. If waiver of bond for any distribution is sought, the petition shall include allegations that: 1. Notice to any known and reasonably ascertainable creditors has been given; 2. The estate is solvent; and 3. The good cause, if any, why bond should not be required, including that time for filing or presenting claims against the estate has expired and that all taxes and uncontested claims have been paid or are sufficiently secured. (Eff. 01/01/11; Rev. 07/01/22; Rev. 07/01/23) 4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION BEFORE A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/11) A. A petition requesting partial allowance of statutory compensation, before a petition for final distribution, must contain the following allegations: 1. That the requested sums can be paid without detriment to the estate or to any person interested in the estate or to any creditor thereof. 2. The percentage that the requested amount bears to the total statutory compensation to which the petitioner or the attorney will be entitled on the final settlement of the estate, and that (a) the same percentage, or more, of the total ordinary work required in the estate has been completed, and (b) payment of the requested allowance would leave a reserve exceeding the ordinary work remaining to be done. 3. A recital of the work actually completed. Ordinarily, the last 30 percent of the statutory compensation will not be allowed prior to the approval of the final accounting B. The attorney shall submit a declaration attesting to the truth of the allegations and serve notice of the request and the declaration. (Eff. 01/01/11; Rev. 07/01/22) 4-209. STATUS REPORTS (Eff. 01/01/20) The status report required by Probate Code §12200 shall be made on local form Status Report of Administration (SJPR-201). (Eff. 01/01/20; Rev. 07/01/22; Rev. 07/01/23) 4-210. FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION (Eff. 01/01/08) A. When all or any part of the estate is to be distributed to a trustee, and income accumulated during probate is to be paid by the trustee to the trust beneficiaries, the form of account shall properly allocate receipts and disbursements between principal and income. B. When a specifically devised or bequeathed asset has earned income and/or incurred expenses during probate administration, the form of account shall segregate such income and/or expenses from the general income and expenses of the estate. This may be done by a schedule attached to the accounts and incorporated by reference. (Eff. 01/01/08; Rev. 07/01/22)) 4-211. SPOUSAL PROPERTY ELECTIONS (EFF. 07/01/23) Any written election under Probate Code § 13502 must include a declaration under penalty of perjury by the electing surviving spouse or registered domestic partner, or by the personal representative, guardian, or conservator of their estate acknowledging the following: 1. That the alternative procedures available pursuant to Probate Code §§ 13540, 13541, 13545, 13600, and 13650 have been considered; and 2. That inclusion of the property in the administration of the decedent’s estate could result in probate fees, personal representative commissions, and attorney fees that are higher than if an alternative procedure was used. (Eff. 07/01/23) 4-212. FILING OF DEATH CERTIFICATE (Eff. 01/01/24) A copy of the decedent’s death certificate, with the decedent’s social security number redacted, shall be filed with a Petition for Probate (Probate Code §§ 7000 et seq.), Petition to Determine Succession to Real Property (Probate Code §§ 13150 et seq.), Spousal Property Petition (Probate Code §§13500 et seq.), or the lodging of an original Will pursuant to Probate Code §§ 8200(a)(1). (Eff. 01/01/24) 4-213. EXTRAORDINARY ATTORNEY FEES (Eff. 01/01/20) A. Petition and Prayer Application for extraordinary compensation will not be considered unless both the caption and the prayer of the Petition and the Notice of Hearing contain a reference to such application. B. Notice of Hearing In every case, notice shall be sent to all persons entitled to a share in the estate, except those whose shares will not be charged with the extraordinary compensation requested. Notice shall include a copy of the petition as set forth in Local Rule 4-109. An appearance by the attorney will normally be required. C. Declaration Regarding Fees The requirements of California Rule of Court 7.702 shall be set out in a declaration separate from the petition. The declaration shall outline all services rendered, including both statutory and extraordinary services that were provided. Statutory time is reviewed and considered for the purpose of awarding extraordinary fees only, not to reduce or alter statutory fees. The declaration must: 1. Set forth categories of services rendered; statutory services can be lumped together in a category labeled “Statutory;” 2. Set forth in each category the date and a description of the services rendered; 3. Set forth in each category the hourly rate of each person who performed the services and the hours spent by each of them; and 4. Comply with the requirements set forth in rule 7.703(c) of the California Rules of Court if paralegals are used. (Eff. 01/01/20; Rev. 07/01/22) 4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED (Eff. 01/01/11) If the personal representative and the attorney for the personal representative are the same person, or have a fee sharing arrangement with respect to the estate or law practice, only the statutory commissions as personal representative will be allowed unless: the Will expressly provides otherwise, or, an order allowing statutory attorney fees has been granted by the Court prior to the filing of the petition for final distribution. Such order will not be granted except in cases involving compelling circumstances. The petition allowing statutory attorney fees must be set for hearing and fifteen (15) days notice thereof must be given to all interested persons. (Eff. 01/01/11; Rev. 07/01/22) 4-215. REQUIREMENTS FOR A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/14) Mandatory local form SJPR-208 “REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR FINAL DISTRIBUTION AND FOR PAYMENT OF STATUTORY COMPENSATION AND EXTRAORDINARY COMPENSATION” shall be used for any petition to approve an account and/or report of a personal representative and any request for preliminary and/or final distribution. A petition for final distribution shall contain the following: A. Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children. B. If there is insufficient cash available to pay the statutory commissions, attorney fees, court costs, and any other items requested to be ordered by the Court to be paid, the petition must include a statement setting forth the source of the funds for such payment. C. A schedule showing the proration of fees and costs, if applicable. When proration is required by Probate Code § 20111, the accompanying account should include a schedule indicating the method by which the proration has been computed. D. When applicable, the following allegations should also be included in the petition for final distribution: 1. Distribution to Minor(s) When distribution is to be made to a minor a guardian of the estate is ordinarily required and a current certified copy of the letters of guardianship should be attached to the petition. When distribution is proposed to be made under Probate Code §§ 3400 through 3402 or under § 3410, the Petition for Distribution must meet the requirements of the statute. A decree ordering distribution to minor shall provide that the property be distributed to the fiduciary or other person approved by the court on behalf of the distributee and identify under what authority. The fiduciary or other person shall sign the distributee’s receipt and identify under what authority the fiduciary or other person acts. 2. Distribution to a Conserved Person A decree ordering distribution to a conservatee shall provide that the property be distributed to the conservator of the estate. The conservator of the estate shall sign the distributee’s receipt identified as the conservator of the estate for the distributee. 3. Distribution to Trust(s) a. If distribution is to be made to a trust already in existence, an acknowledged statement by the trustee accepting the property under the terms of the trust must be filed with the petition for distribution. Lacking this, a declination to act must be filed, in which case it should be accompanied by a petition by the personal representative for the appointment of a substitute trustee. b. If distribution is to be made to a testamentary trust set up by the decedent’s Will, the terms of the trust and the powers of the trustee must be set out in full in the decree of distribution, and not merely incorporated by reference. When appropriate, the language of the Will should be paraphrased in the decree to eliminate references to “my” and to substitute “the decedent’s”. 4. Distribution to Assignee(s) If distribution is to be made pursuant to an assignment of interest, the assignment must be filed and the details of the consideration, if any, set forth in the petition. The assignment must be acknowledged before a notary public. 5. Distribution Pursuant to Agreement If the distribution is sought other than as provided by the Will or by the laws of intestate succession, that fact should be alleged, and a written agreement must be filed signed by all distributees and acknowledged before a notary public. NOTE: If a distributee is a minor or conservatee, the agreement must be signed by that party’s appointed legal representative. Court approval of a fiduciary’s agreement must be provided with the distribution petition or a petition for approval or the agreement may be noticed for hearing together with the petition for distribution. E. Mandatory Local Form SJPR-208A “ORDER ON REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR FINAL DISTRIBUTION AND FOR PAYMENT OF STATUTORY COMPENSATION AND EXTRAORDINARY COMPENSATION” shall be used with any petition for final distribution. (Eff. 01/01/14; Rev. 07/01/22, 07/01/24 and 01/01/24) 4-216. ACCOUNTING FOR RESERVE If an order for final distribution of an estate of a decedent, ward, conservatee or trust includes a reserve of more than $1,500.00, an accounting of the reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295/GC-395). (Eff. 01/01/24) 4-217. WAIVER OF ACCOUNT (Eff. 01/01/24) For any waiver of account presented under Probate Code §10954, the person waiving the account shall complete and sign the mandatory local form SJPR- 207 “Waiver of Accounting.” (Eff. 01/01/24) 4-218. "RESERVED FOR FUTURE USE" (4-218 216 Incorporated into 4-215 07/01/22)

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.