Loading…
Chapter 11 (Parts One to Twenty): the general procedural guide - applicability to estates, guardianships, conservatorships, trusts and minor's compromises (Rule 11.101), addresses (Rule 11.102), the probate calendar and appearances by counsel (Rule 11.103), filing times under Rules 3.1100-3.1312 (Rule 11.104), forms (Rule 11.105), the hearing date below the case number on every document (Rule 11.106), probate notes posted at least three (3) court days before the hearing (Rule 11.109), continuances requested at least two (2) days before the hearing (Rule 11.110), contested matters, law and motion and ex parte procedures (Rules 11.111 to 11.113) and financial institution statements (Rule 11.114); notices; the appointment of executors and administrators; other petitions; orders; inventory and appraisal; creditors' claims; sales; accounts; fees and commissions; distribution and discharge - a petition or status report within one year of letters, or 18 months where a federal estate tax return is required (Rule 11.1101); establishing the fact of death; small estates; independent administration; trusts; guardianships (form GC-210); conservatorships (form GC-310); provisions common to both; property of minors; and minor's claims; with Appendices A to D.
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo
CHAPTER 11 – CIVIL (PROBATE) RULES PART ONE: GENERAL PROCEDURAL GUIDE RULE 11.101 APPLICABILITY OF RULES TO ALL PROCEEDINGS All rules in this Chapter apply to estate proceedings, guardianships, conservatorships, trusts, minor's compromises, special needs trusts, and "trusts funded by court order" under California Rule of Court 7.903, except as otherwise specifically noted except as otherwise specifically noted and to the extent not superseded by laws enacted after July 1, 2000. (Amended 7/1/09) RULE 11.102 ADDRESSES AND TELEPHONE NUMBERS SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO 1050 Monterey Street San Luis Obispo, CA 93408 Office Address Telephone Clerk 1050 Monterey Street, Room 220 (805) 706-3600 San Luis Obispo, CA 93408 Court Investigator 1120 Mill Street (805) 706-3608 Probate Examiner 1120 Mill Street (805) 706-3608 Preapproved Matters (Web Site) www.slo.courts.ca.gov Amended effective July 1, 2023, previously amended effective July 1, 2011. RULE 11.103 PROBATE CALENDAR AND APPEARANCES BY COUNSEL (a) The scheduling of the date and time for the Probate Calendar will be announced by the Court in December for the following year. Please contact the Clerk for further information at (805) 706-3600. (b) Appearance by counsel will be required in the following matters: (1) A contested matter; (2) A hearing on a petition for confirmation of sale of property; (3) An appointment of guardian or conservator; (4) A compromise of a minor's claim; (5) An approval of a special needs trust of other "trust funded by court order" pursuant to California Rule of Court 7.903; and (6) When otherwise required by law or the Court. Amended effective July 1, 2023, previously amended effective January 1, 2009. RULE 11.104 TIME FOR FILING, SETTINGS, AND FILING FEES (a) The provision of California Rules of Court, Division II, Civil Law and Motion Rules, Rules 3.1100-3.1312 inclusive are expressly applicable to probate proceedings (including but not limited to law and motion practice therein) in the Superior Court of California, San Luis Obispo County. Particular attention should be paid to the Rules regarding times for filing and service of motion papers (Rule 3.1300) and the necessity of filing points and authorities beyond citation of a jurisdictional provision of the Probate Code (i.e. sections 850 and 17200, etc.) that supports (or opposes) the Petitioner's requested relief. (California Rule of Court 3.1113). (Amended 1/1/09) (b) All filings must be accompanied by the appropriate filing fee. Fees and exemptions are set forth in Government Code Sec. 26820 et seq. The words "Probate Code Sec. 10400" must be inserted in title of each subsequent paper to qualify for fee waiver under Independent Administration of Estates Act. (Government Code Sec. 26827.4.) (Amended 1/1/09) RULE 11.105 FORM OF PAPERS PRESENTED FOR FILING (a) If a petition, order or other document to be filed is one for which the Judicial Council has adopted a mandatory form, the current form must be used. If that form is inadequate in a specific situation, an addendum may be attached. California Rule of Court 7.101. Non-conforming pleadings may be rejected by the Clerk. Papers presented for filing with the clerk must also conform to California Rules of Court 2.100 through 2.119 when Judicial Council forms do not exist. (b) All probate filings must include an original and one (1) copy if petitioner/counsel requires a conformed copy. (c) Unless petitioner/counsel provides the Clerk with a stamped, self-addressed envelope, copies of filed documents will be placed in a will-call pick up folder at the Clerk's office. (Amended 1/1/16) RULE 11.106 HEARING DATE REQUIRED ON DOCUMENTS The date, time and department of the hearing must be placed immediately below the case number on the first page of every document filed which relates to a matter set for hearing. Documents which do not conform with this rule will be rejected for filing. (Amended 7/1/02) RULE 11.107 SIGNING AND VERIFICATION OF PLEADINGS Repealed 1/1/05 RULE 11.108 AMENDMENTS TO AND AMENDED PLEADINGS Repealed 1/1/05 RULE 11.109 PROBATE NOTES The court will strive to post probate notes on the court’s website at least three (3) court days before the scheduled hearing date. See Rule 11.102 for the website address. The Court reserves the right to post probate notes closer to the hearing date and, in some cases, probate notes may not be posted at all. It is the party’s responsibility to check the website prior to the date of the hearing. (a) If the matter is unopposed and recommended for approval in the probate notes, the order will be presented to the Court for signature and no appearance will be necessary. Please note, if the petitioner does not appear at the time the matter is called and objection is made, the Court will continue the matter for a reasonable time to allow for the filing of written objections. If written objections are not on file on or before the new hearing date, Cal. Rule of Court 7.801 shall apply. (b) If the matter is not recommended for approval, the probate notes may set forth any defects. The probate notes may recommend a continuance of the matter for two (2) weeks or more for compliance. If a party wishes to file any supplemental items, the following procedures shall apply: (1) In order to be considered at the calendared hearing, all documents must be filed no later than 3:00 p.m. two (2) court days prior to the hearing. The Court reserves the right to continue the matter for additional review time, even if documents were filed timely under this subsection. Probate notes may or may not be updated after the submission. (2) Documents filed after the deadline will generally not be reviewed for the calendared hearing regardless of when the probate notes were posted. If no appearance is made, the Court will continue the matter for two (2) weeks or longer. (3) Appearances are required in all matters for which probate notes are not posted or that do not indicate otherwise. (Amended 1/1/14). RULE 11.110 CONTINUANCES Written requests for continuances may be submitted in uncontested matters. In contested matters, a written stipulation of all affected parties is required. Such requests or stipulations must be submitted at least two (2) days before the hearing date. If a hearing is continued, the requesting party must serve notice of the continued hearing date unless otherwise ordered by the Court. (Amended 1/1/14). RULE 11.111 CONTESTED MATTERS (a) Oral Objections If an oral objection to any matter before the Court is made by a person appearing at the hearing at the time a matter is called, the Court may continue the hearing for a reasonable time to allow the filing of written objections. If written objections are not filed within the prescribed time, the matter will proceed to hearing over the objection. (b) Trial of Contested or Lengthy Matters (Repealed 1/1/07). RULE 11.112 LAW AND MOTION PROCEDURES Demurrers and motions for summary judgment filed in probate matters will be set on the appropriate probate judge's Law and Motion Calendar. In addition, petitions requiring lengthy argument or evidence will not be heard on the regular Probate Calendar, but will be scheduled by the Court either on his/her law and motion calendar or on a specifically assigned hearing date. Refer to San Luis Obispo County Local Court Rules, Chapter 7 Civil (Law and Motion) Hearings Procedures and Probate Code Sec. 1000. (Amended 1/1/09) RULE 11.113 EX PARTE PROCEDURES (a) With the exception of a few pro forma matters that do not require a personal appearance by counsel (Order Appointing Court Investigator (GC-330), Ex Parte Order Regarding Completion of Capacity Declaration-HIPAA (GC-335), Ex Parte Application for an Order to Increase Bond (California Rules of Court 7.204 and 7.207) and the exceptions contained in California Rule of Court 3.1207), the Probate Court will not entertain any ex parte petition 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). (b) The court will not entertain ex parte petitions for appointment of any conservator or a guardian unless the required five (5) days notice has been given (Probate Code sections 2250(e) and 2250.2 through 2250.6), or the petitioner has shown both irreparable harm or immediate danger, and "good cause" for waiving the notice requirements. (c) Counsel requesting the waiver or shortening of any notice time periods prescribed by the Probate Code must submit a Declaration of Due Diligence to the Court citing the specific notice provision at issue, setting forth facts relating to the efforts to give such notice, or facts supporting the conclusion that it was impossible to give such notice; and explaining the "good cause" for waiving or shortening the time. (d) A party seeking an ex parte order must submit the application and all supporting papers and fees to the Clerk for filing no later than 2:00 p.m. on the day preceding the hearing. The Clerk may reject Petitions that do not comply with subsections (a) through (c) above. (e) An ex parte order will not be granted unless accompanied by a verified petition (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief. (f) Ex parte petitions filed in decedent's estates for the sale of stock or personal property must allege whether the property is specifically bequeathed. If bequeathed, the consent of the specific legatee to the sale must accompany the petition. (Amended 1/1/09) RULE 11.114 FINANCIAL INSTITUTION ACCOUNT STATEMENTS (a) Original Statements The filing of original financial statements is required where necessary under the Probate Code. Original statements must be filed with the Court and will not be returned to the parties, unless otherwise ordered. If original financial institution statements cannot be obtained, the following methods are allowed: (1) The submitting party may file photocopies of the original financial statements if: (a) They verify that the originals cannot be obtained, and (b) The photocopies are certified as true and correct copies by a sworn declaration of a competent witness. (2) If neither original statements nor certified photocopies can be obtained, a certification of the financial institution account balance, on the date the probate account submitted for review ended, is acceptable. The certification must be made by a qualified representative of the financial institution for the particular financial account. The representative must list his/her full name, title and contact information as part of the certification. (b) Reconciliation of Financial Institution Statements Petitioner must file a reconciliation declaration when the reported balance on the financial institution account statement is not the same as stated in the schedule of property on hand. The declaration must explain the reason for the discrepancy between the balances listed. (Effective 1/1/14). PART TWO: NOTICES RULE 11.201 PREPARATION OF NOTICES All notices required by the Probate Code to be given by the Clerk must be prepared by the attorney. (Amended 7/1/02) RULE 11.202 ADDITIONAL NOTICE Under the provisions of Probate Code Sec. 1202, the Court may require additional or further notice on any matter. Such notice will be required whenever it appears that the interest of any person may be adversely affected by the determination of the issues raised by the pleadings. (Eff. 7/1/00) RULE 11.203 NOTICE: BY WHOM GIVEN The Clerk must be responsible for publication of notice where required. The petitioner or the petitioner's attorney must prepare all notices required to be published and must provide the same by original and one (1) copy to the Clerk. Where notice by mail is required to be given, petitioner or petitioner’s attorney must give the matter the notice and file a proper proof of service. If the Petitioner cannot locate a party for which service of notice is required, please file a declaration of diligent search under Cal. Rule of Court 7.52. Please see local form PR001 for a blank declaration. This form has been adopted for optional use. (Amended 1/1/13) RULE 11.204 NOTICE BY PUBLICATION OF NOTICE OF PETITION TO ADMININSTER ESTATE Repealed 1/1/11 RULE 11.205 NOTICE BY POSTING The moving party must prepare and submit to the Clerk as many copies of the notice as the Clerk is required to post. The moving party must provide a blank proof of posting form with the notice for the Clerk and notify the Clerk, in a writing attached to the notice, that posting is requested. (Amended 1/1/16). PART THREE: APPOINTMENT OF EXECUTORS AND ADMINISTRATOR RULE 11.301 DECLINATION TO SERVE If the person named in the decedent's will as executor declines to act as such, his written and signed declination to act must be filed with the Court unless evidence is produced that he is incompetent or refuses to act. (Amended 7/1/02) RULE 11.302 MULTIPLE REPRESENTATIVES If a petition is filed requesting letters be issued to two or more executors or administrators in which one or more of the named persons for whom letters are sought is not a petitioner, a consent to act, signed by each non-petitioning person for whom letters is sought, must be filed with the Court. (Amended 7/1/02) RULE 11.303 INDIVIDUALS TO BE NAMED IN THE PETITION In the petition for letters, each of the following must be listed and named: (a) Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner, (including those who might be heirs by virtue of Probate Code Secs. 21114, 21115 and 6400 et seq.), setting forth their names, age addresses and relationships to the decedent. (b) Each devisee and executor named in any will being offered for probate even if the gift to such person or the appointment of such executor has apparently been revoked. (c) Trust beneficiaries, the trustee of a trust or guardian nominated in a will, and any other known trustee or guardian. (d) If the decedent left no spouse or issue, the heirs of a predeceased spouse who would inherit as provided by Probate Code § 6400 et seq. (e) If an individual identified in the petition for letters is deceased, the petition must set forth the date of death of that individual. (Amended 1/1/05) RULE 11.304 COPY OF WILL TO BE ATTACHED TO PETITION FOR PROBATE (a) A petition for letters must have an attested copy of the will attached at the time of filing the petition. The original will must be submitted at the time of filing unless previously lodged with the Court for safekeeping. (b) If the will is holographic, in addition to a photocopy, a typewritten copy of the will must also be attached to the petition. (Amended 1/1/05) RULE 11.305 PROOF OF WILL (a) Unless there is a contest of a will, proof of a will must conform to the requirements of Probate Code Sec. 8220 et seq. (b) In uncontested will proceedings, if the attestation clause is signed under penalty of perjury and meets the requirements of Probate Code Sec. 6110 et seq., the will is self proving and may be admitted to probate without an affidavit or declaration. Otherwise, if the will or codicil is witnessed, the moving party must file a Proof of Subscribing Witness with a copy of the will or codicil attached. (c) If the testimony of a subscribing witness to a will or any other witness impeaches the due execution of the will, a continuance will be ordered; and the other subscribing witness or witnesses to the will who can with due diligence be found must be subpoenaed by the proponent to appear before the Court at the continuance date and testify respecting the execution of the will. (d) The Court prefers that both formal witnessed wills and holographic wills be proven by declaration rather than by testimony. (Eff. 7/1/00) RULE 11.306 BOND (a) Bond must be obtained in all cases, except as otherwise provided by statute. (Probate Code §§ 8480 and 8481(a)(1)). (b) If a verified petition for letters alleges that all beneficiaries or heirs have waived the filing of bond, and the petitioner requests appointment without bond, such waiver(s) must be in writing and timely filed prior to the hearing. Waiver of bond by heir(s) or beneficiary(s) pursuant to Probate Code § 8481(a)(2) will be considered by the Court and permitted on a case by case basis. Absent exceptional circumstances, the Court will require full statutory bond for any personal representatives residing out of state, as set out in Probate Code section 8571 and California Rules of Court, rule 7.201(b). A “nonresident personal representative” includes a nonresident at the time of appointment as personal representative, and any person who was a California resident at the time of appointment and later moves from California and resides outside the state. (Probate Code § 8570). In the exceptional circumstance where two or more personal representatives are appointed, one of which resides within the state, the Court will consider granting a request for waiver of bond. (c) When a reduction of bond proceeding is initiated, counsel must obtain a proof of deposit confirming that the deposit of securities and/or money subject to removal from the depository is allowed only upon order of the Court. Such proof must be filed with the Clerk before the reduced bond is filed. The following Judicial Council forms are available at the Clerk’s Office or can be found on the California Courts website at www.courts.ca.gov: MC-355, Order To Deposit Money Into Blocked Account, and MC- 356, Receipt And Acknowledgment Of Order For The Deposit Of Money Into Blocked Account. (Subd (c) amended effective July 1, 2023.) (d) Counsel should be cognizant of their duty to increase bond when required to do so under California Rule of Court rule 7.204. Amended January 1, 2019. RULE 11.307 FORM REQUIRED FOR APPOINTMENT OF PERSONAL REPRESENTATIVE The Judicial Council has adopted a form entitled "DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE." Before letters are issued, the original form, signed by the personal representative stating that he or she had received and read the same, must be filed with the Court by the personal representative, other than a trust company or a public administrator Probate Code Sec. 8404. (Eff. 7/1/00) RULE 11.308 PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR (a) A petition for appointment of a special administrator may be granted by the Court pursuant to Probate Code sec. 8540. Letters of Special Administration should be sought ex parte only if the petition can fulfill the requirements of California Rules of Court 3.1200 through 3.1206 and Local Rule 11.113, ante. Moreover, all interested parties must be notified no later than 10:00 a.m. the court day before the ex parte appearance. The petitioner must contact the Clerk's Office to set a hearing. Ex parte applications must be made in compliance with California Rules of Court 3.1200through 3.1206. See Local Rule 11.113(c). (b) The party seeking Letters of Special Administration must give notice of the application to the surviving spouse, the person(s) nominated as executor(s), other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice, unless on good cause shown the Court orders otherwise. The petitioner also must file a petition for permanent letters before special letters of administration must be issued, or there appears in the petition a showing of good cause why a petition for permanent letters has not been filed. (c) In making the appointment, preference is given to the person entitled to letters testamentary or of administration. If it appears that a bona fide contest exists, the Court will consider the advisability of appointing the public administrator or a neutral person or corporation as special administrator. (Amended 7/1/02) RULE 11.309 ANCILLARY PROBATE (a) If a nondomiciliary decedent's will has been admitted to probate in a sister state or foreign nation, the will may be probated in an ancillary administration proceeding brought under Probate Code Sec. 12510 et seq. (b) A petition to probate a foreign will must have attached a certified copy of the will and a certified copy of the order or decree admitting the will to probate outside this jurisdiction. If the will has been admitted to probate in a foreign country, the copies must be certified in the manner set forth in Sec. 1530 of the Evidence Code. (Eff. 7/1/00) PART FOUR: OTHER MOTIONS AND PETITIONS RULE 11.401 PETITION FOR EX PARTE ORDER Repealed 1/1/09. RULE 11.402 PETITION FOR INSTRUCTIONS (a) The use of a Petition for Instructions by personal representatives pursuant to Probate Code Sec. 9611, is limited to those matters where no other or different procedure is provided by statute. (b) The Petition for Instructions should set forth the matter on which the personal representative desires instructions in precise detail. The petition must be accompanied by a proposed order which set forth the instructions in clear and explicit language. (Eff. 7/1/00) RULE 11.403 FAMILY ALLOWANCE (a) Requests for a family allowance should be made in a timely fashion and conform with the requirements of Probate Code Sec. 6540 et seq. Ex parte petitions for a family allowance for the benefit of the surviving spouse and/or minor children will be accepted if presented before the filing of the Inventory. Ex parte petitions from a person other than the personal representative will not be accepted without the written consent of the personal representative. (b) A Petition for Family Allowance made more than six (6) months after the personal representative has qualified must be noticed and placed on the regular probate calendar. A Petition for Family Allowance for the benefit of persons other than the surviving spouse and/or minor children will be heard on the regular probate calendar after notice has been given pursuant to Probate Code Sec. 6541(c). (c) The duration of an order for family allowance must not exceed six (6) months. For good cause shown in writing, such orders may be renewed. The order must state the commencement date and the specified period of payments. (d) The application for an allowance must include at least the following data: (1) The applicant's expenses and income from sources outside the estate; (2) An itemized list of the applicant's assets, and a statement of the appropriate value of each; (3) A general statement of the assets and of the liabilities of the estate; (4) A general statement of other applications (if any) on file for allowances; and (5) If the petitioner is someone other than the personal representative, the petition must be accompanied by either a consent to the allowance or a waiver of notice signed by the personal representative. (Amended 7/1/02) RULE 11.404 PETITION FOR DISTRIBUTION ENTITLEMENT Petition to determine entitlement to distribution of any part of an estate must be made in conformance with the requirements of Probate Code Sec. 11700 et seq. Notice must be given in the manner prescribed in Probate Code Sec. 11701. (Amended 7/1/02) RULE 11.405 PROCEEDING FOR SPOUSAL PROPERTY TRANSACTION As to petitions pursuant to §3100 et seq.: (a) The petition must be supported by a declaration of a licensed physician or licensed psychologist within the scope of his or her licensure as to the capacity of the non-petitioning spouse (§810 et seq.). (b) Counsel will be appointed for the nonpetitioning spouse if the petition proposes a substantial transfer to the petitioner. (c) When the petition is predicated upon the nonpetitioning spouse's qualification for Medi-Cal benefits, notice shall also be given to the Director of the California Department of Health Services. (d) In petitions to transfer assets, related to Medi-Cal eligibility, the petitioner shall provide the court with schedules showing such calculations as would be required in an administrative hearing to the extent that the Community Spouse Resource Allowance or the Minimum Monthly Maintenance Needs Allowance would be in issue. The court will not make orders modifying the Community Spouse Resource Allowance nor the Minimum Maintenance Monthly Needs Allowance but may make findings as to the proper amounts as needed to support the order. (e) The court will not issue general support orders in petitions under §3100 et seq. (Eff. 1/1/05) PART FIVE: ORDERS RULE 11.501 PREPARATION OF ORDERS For an order to be included in the file for signature at the time of the hearing, it must be submitted to the Clerk at the time the petition is submitted, or no later than five (5) court days prior to the hearing. An order not presented for signature at time of the hearing must be presented within five (5) days thereafter and must include in the caption and in the first paragraph a recitation of the date, time and department of the hearing. (Amended 7/1/02) RULE 11.502 WORDING Orders must be worded so that their general effect may be determined without reference to the petition on which they are based. All orders must be complete in themselves. All matters actually passed on by the Court, including the relief granted, the names of persons and description of property (and if real property is involved, the legal description and common address thereof), amount of money affected, the terms of trusts, and the provisions of other agreements, must be set forth with the same particularity required of judgments in civil matters. (Amended 7/1/02) RULE 11.503 CONTINUING PAYMENTS -- TIME LIMIT The Court does not favor orders for continuing payments to run until the further order of the Court. All such orders must provide that payments commence as of a particular date and continue to a date certain. (Amended 7/1/02) RULE 11.504 ORDERS CORRECTING CLERICAL ERRORS If, through inadvertence, the minute order or the signed decree fails to state the order actually made by the Court, the Court will on motion, which normally must be supported by an affidavit or declaration, make an order correcting the mistake. The nunc pro tunc order should not take the form of a complete amended order but should be substantially in the following form: "Upon consideration of the affidavit or declaration of , to correct a clerical error, the __________ (title of the order to be corrected, giving the date thereof) is corrected on the Court's own motion by striking the following: “___________” and inserting in lieu thereof: “_________”. The original order must not be physically changed by the Clerk, but must be used in connection with the nunc pro tunc order correcting it. To prevent further errors, not less than a complete clause or sentence should be stricken, even if it is intended to correct one word or figure. (Amended 7/1/02) RULE 11.505 ORDER SHORTENING OR DISPENSING WITH NOTICE A form Order Dispensing with Notice (GC-021) or an Order Prescribing Notice (GC-022) must be submitted to the Court before the petition is filed. The proposed order must be accompanied by a Declaration of Due Diligence explaining in detail the efforts made to effect service, and specific factual reasons supporting the request for the order. See California Rules of Court 7.1012 and 7.1062. The proposed order must also be accompanied by points and authorities in support of the order. If the particular probate Code provision governing notice provides that the time for giving notice cannot be shortened, the Court cannot and will not shorten the time. Probate Code § 1203(a). (Amended 1/1/09) PART SIX: INVENTORY AND APPRAISAL RULE 11.601 INVENTORY AND APPRAISAL - PERIOD TO FILE (a) In decedent's estates: Probate Code Sec. 8800(b) requires that the Inventory and Appraisal must be filed within four (4) months after Letters are issued to a personal representative, or within such further time as the court may allow after a showing of good cause. If the personal representative neglects or refuses to file the Inventory and Appraisal within the time prescribed, the Court may revoke the personal representative's Letters and may impose personal liability upon the personal representative, including attorney's fees. Probate Code Sec. 8804. The Inventory and Appraisal must contain a statement that shows that the bond is sufficient. California Rule of Court 7.501. (b) In guardianships and conservatorships: Probate Code § 2610(a) requires that the Inventory and Appraisal must be filed within 90 days after the court signs the order appointing the guardian or conservator, or within such further time as the court may allow after a showing of good cause. If the guardian or conservator fails or refuses to file the Inventory and Appraisal within the time prescribed, the court may remove the guardian or conservator, revoke their Letters, and may impose personal liability upon them. Probate Code §§ 2614.5 and 2615. The Inventory and Appraisal must contain a statement that shows that the bond is sufficient. California Rule of Court 7.501. After-acquired or newly discovered property must be inventoried and appraised in compliance with Probate Code § 2613. (Amended 1/1/09) RULE 11.602 STATEMENT REGARDING - BOND ON INVENTORY AND APPRAISAL Repealed 1/1/05 RULE 11.603 GUIDE FOR PREPARATION OF INVENTORY AND APPRAISAL The Inventory and Appraisal must conform to the requirements of Probate Code Sec. 8850, 8852 and Sec. 8900 et seq. Each inventory item must be clearly and concisely described in the manner described in the current version of the Probate Referees' Procedures Guide published by the California Probate Referees' Association. In the case of real property, the full legal description and common address must be included. (Eff 7/1/00) RULE 11.604 PROPERTY TAX CERTIFICATION Pursuant to Probate Code Sec. 8800(d), the personal representative must comply with the requirements of Revenue and Taxation Code Sec. 480. This must be satisfied by completing the Property Tax Certification section on the Inventory and Appraisal, or, by completing the Judicial Council Property Tax Certification form. (Eff 7/1/00) PART SEVEN: CREDITORS CLAIMS RULE 11.701 NOTICE TO CREDITORS If, within four (4) months after the date letters are first issued to a general personal representative, the personal representative has knowledge of a creditor of the decedent, the personal representative must give notice of administration of the estate to the creditor. Probate Code § 9050. The notice must be completed on the form approved by the Judicial Council and if filed with the Court, must include a cover sheet in conformance with the Calif. Rules of Court Rule 3.220. Please see local form PR002 for a coversheet. This form has been adopted for optional use. (Amended 1/1/13) RULE 11.702 FORM OF CLAIM Claims must be submitted on the form approved by the Judicial Council. Pursuant to Probate Code Sec. 9150(b), the claimant must file the original claim with the Court and mail the personal representative a copy. (Eff 7/1/00) RULE 11.703 REQUIRED ACTION Repealed 1/1/05 RULE 11.704 LISTING OF CREDITORS' CLAIMS Repealed 1/1/05 PART EIGHT: SALES RULE 11.801 SALE OR ENCUMBRANCE OF SPECIFICALLY DEVISED OR BEQUEATHED PROPERTY No specifically devised or bequeathed real property must be encumbered or offered for sale unless first approved by the Court after not less than fifteen (15) days notice to the specific devisee, or unless the consent of the devisee is on file. (Eff. 7/1/00) RULE 11.802 APPRAISAL OF REAL PROPERTY WITHIN ONE YEAR Real property must have been appraised within one year of the time of sale. Since the first appraisal reflects the value at the time of death of the decedent, if the date of death is more than one year prior to the date of sale, a reappraisal for sale is required. Probate Code Sec. 10309(a)(1). (Eff 7/1/00) RULE 11.803 PUBLISHED NOTICE OF INTENTION TO SELL REAL PROPERTY Unless excused by the provisions of Probate Code Sec. 10300, a publication of notice of intention to sell real property of the estate is required. (Eff. 7/1/00) RULE 11.804 DESCRIPTION OF PROPERTY All legal notices for the sale of real property and the petition for confirmation of sale must contain, in addition to the legal description, the common street address of the property. If there is no common street address, some indication of the location of the property must be included. (Eff. 7/1/00) RULE 11.805 EXCLUSIVE RIGHT TO SELL REAL PROPERTY If the personal representative does not have powers granted under the Independent Administration of Estates Act, the personal representative may apply for Court authority to grant a real estate broker an exclusive right to sell the estate’s real property for limited periods of time. Probate Code Sec. 10150. The court may grant the petition upon proof of necessity or advantage to the estate. A copy of the proposed agreement with the broker must be attached to the petition. Said agreement must provide for the payment of a commission to the broker holding the listing upon court approval. Probate Code Sec. 10160 et seq. (Eff. 7/1/00) RULE 11.806 CONFIRMATION OF SALE Petitions to confirm sales of real property must be on the Judicial Council approved forms. (Eff. 7/1/00) RULE 11.807 PRESENCE OF PURCHASER NAMED IN PETITION AT CONFIRMATION (a) A sale to the increased bidder in Court could be set aside by the original purchaser who was justified in believing he did not have to appear in Court to protect his purchase. Counsel should inform the original purchaser of the time and place of hearing and advise him or his agent to be in Court on the day of sale. (b) The original purchaser, or his/her agent if the original purchaser's address is not known, must be given notice of the petition to confirm sale of real property and proof of service of same must be filed with the Court prior to the date of confirmation of sale. (Eff. 7/1/00) RULE 11.808 DEPOSIT TO ACCOMPANY OVERBID AND OVERBID FORMS (a) No bid for the purchase of real property will be acceptable unless the personal representative or the attorney for the estate informs the Court that the bid is acceptable. (b) When an overbid is made in Court, the overbidder must submit to the Court, at the hearing at the time the overbid is made, a certified or cashier’s check, in an amount equal to ten (10) percent of the first allowable minimum overbid, or such lesser amount as the personal representative shall approve.When there is a successful overbid in open Court on a sale of real property, counsel must complete, and the successful bidder must sign, an overbid form which is available from the courtroom clerk and may be handwritten in this circumstance, and file the same. The Order Confirming Sale of Real Property will not be signed unless the form is filed. (Eff. 7/1/00) RULE 11.809 CONDITIONAL SALES OF REAL PROPERTY The Court will ordinarily not approve a sale of real property which is conditioned upon the occurrence of a subsequent event (such as change in zoning). However, if unusual and extraordinary circumstances exist and the necessity and advantage to the estate are set forth in detail, the Court may approve such a sale. (Eff. 7/1/00) RULE 11.810 SALES OF REAL PROPERTY WHEN BUYER ASSUMES ENCUMBRANCE Sales of real estate will not ordinarily be confirmed where the buyer assumes or takes subject to an existing encumbrance if the estate is subject to a contingent liability. The return should set forth the facts pertinent to such assumption agreement and any contingent liability. (Eff. 7/1/00) RULE 11.811 BOND ON SALE OF REAL PROPERTY Repealed 1/1/05 RULE 11.812 BROKER'S COMMISSION ON SALE OF REAL PROPERTY (a) Upon the confirmation of the sale of real property, a broker's commission in excess of 6 percent of the gross sales price will not be allowed except in unusual cases when a larger commission is justified because of exceptional circumstances. (b) A broker bidding for his own account is not entitled to receive or share in a commission. (c) In overbid situations, broker's commissions must be determined in accordance with Probate Code Sec. 10160 et seq. (Eff. 7/1/00) RULE 11.813 PERSONAL PROPERTY - APPRAISAL BEFORE SALE Except in the case of perishable property or depreciating property, sales of personal property will not ordinarily be approved or confirmed unless the property has been appraised. When necessary, a partial inventory and appraisal may be filed for this purpose, or a letter appraisal obtained from the probate referee for the estate wherein he states that he has inspected the property and declares its value. (Eff. 7/1/00) PART NINE: ACCOUNTS AND REPORTS RULE 11.901 ACCOUNTINGS (a) Form of Account All accounts filed in probate proceedings, including estates, guardianships, conservatorships, special needs trusts and trust accounts must conform to the requirements of Probate Code § 1060 et seq. and 10900. Accounts must be typewritten or machine printed on letter-sized pages numbered at the bottom of each page and meet the requirements provided in Chapter 4 (commencing with Sec. 1060 of Division 3, Part 1 of the Probate Code). (b) Summary of Account Each account must state the period covered by the accounting, and contain a summary as set forth in Probate Code § 1061 et seq. (1) Appendix B is a suggested Form of Summary of Account showing principal and income breakdowns as required if making a distribution to a trust. (c) Accounts of Personal Representatives All accounts of personal representatives must conform to the requirements set forth in Probate Code Secs. 1060 et seq. and 10900 and, as nearly as possible, in the forms suggested in Chapter 24 of California Decedent Estate Practice. (CEB) See also, the CEB Fiduciary Accounting Handbook. (d) Filing of Submission of Accounts Accountings submitted to the Court should be treated as follows: (1) Probate Estate and non-court created trust accountings shall be electronically filed. Hearing dates will be set immediately upon filing. (2) Conservatorship, guardianship and court created or supervised trust accounts shall be electronically filed. Accounting types filed under this subsection will be reviewed by the Probate Examiner/Court Attorney and set for hearing after review. The Court will provide notice of the hearing date to the moving party. (3) See also Local Rule 31.05 for accounting documents which may not be filed electronically. (Amended 1/1/2017) RULE 11.902 TRUST AND SPECIFICALLY DEVISED PROPERTY (a) If a part of the estate is distributable to a trustee with income accumulated during administration of the estate payable by the trustee to trust beneficiaries, receipts and disbursements during probate should be allocated between principal and income in the account.If property is specifically devised, the accounting should set forth both income received and expenses allocable to each such item of property separately so the net income or loss allocable to each specific devise can be ascertained. See Probate Code Sec. 12001 et seq. (Eff. 7/1/00) RULE 11.903 WAIVER OF ACCOUNT Repealed 1/1/05 RULE 11.904 VOUCHERS Vouchers supporting accounts are not to be filed with the Clerk unless the Court orders them filed. Eff. 7/1/00 PART TEN: FEES AND COSTS RULE 11.1001 FEES AND COMMISSIONS IN GENERAL (a) In General: All fees, commissions and compensation awarded to fiduciaries and their attorneys must be just and reasonable in amount. The Court will determine what is just and reasonable based upon the information that is required to be provided to the Court by California Rule of Court 7.702. (Amended 1/1/09) (b) The Court will consider, but not be bound by, an agreement for fees for extraordinary services between the attorney and the client. (Amended 1/1/05) (c) Statutory Compensation and Fees in Decedent's Estates: Those services described in Appendix D are "ordinary services" performed by a personal representative and/or an attorney in connection with a decedent's estate. The compensation prescribed by Probate Code § 10810 is intended to compensate for all of these services. No "extraordinary compensation" will be paid for performance of these services. (d) Extraordinary Compensation and Fees in Decedent's Estates: A petition for extraordinary compensation must contain the information required by California Rule of Court 7.702. California Rule of Court 7.703 lists some types of activities which may serve as the basis for a request for extraordinary compensation. (Eff. 1/1/09) RULE 11.1002 FEES AND COMMISSIONS IN ADVANCE (a) Decedent's Estates A petition for partial allowance on compensation for extraordinary services, filed prior to the petition for final distribution, must be consistent with the requirements set forth for statutory fees in California Rule of Probate Court 7.701. Ordinarily the last twenty-five (25) percent of statutory compensation and/or compensation for extraordinary services will not be allowed prior to approval of the final accounting; however, upon a proper showing that it would be beneficial to the estate or to the distribution (for example, reduction of income taxes in a given fiscal period), the twenty-five (25) percent reserve may be reduced or dispensed with. (b) Guardianships and Conservatorships Fees of guardians and conservators and their attorneys must be paid after the services have been performed to which they relate and require prior court approval upon a petition filed. Probate Code Sec. 2640 et seq. (See Rule 11.1006) Periodic payment of fees or commissions may be made only upon prior Court approval given upon a petition filed under Probate Code Sec. 2643. The periodic payments must only be paid after the services have been performed for which the fees were requested. (c) Trusts Fees of trustees and their attorneys must be paid after the services have been performed to which they relate, and upon showing of good cause, periodic compensation as the Court shall fix. Probate Code . 15682. (Amended 1/1/05) RULE 11.1003 FEES AND COMMISSIONS DECEDENT'S ESTATES Statutory fees and commissions will not be allowed for services rendered with respect to assets not subject to probate such as life insurance proceeds or annuities paid to a named person, or termination of life estates or joint tenancy. (Amended 1/1/2005) RULE 11.1004 ORDINARY SERVICES COMPENSATED BY STATUTORY FEES The Court views those services set forth in Appendix D as ordinary services for conducting probate proceedings by the personal representative and the attorney for which no extraordinary fee will be allowed. (Eff. 7/1/00) RULE 11.1005 EXTRAORDINARY FEES AND COMMISSIONS IN ESTATES Repealed 1/1/05 RULE 11.1006 COMPENSATION IN GUARDIANSHIPS, CONSERVATORSHIPS AND TRUSTS (a) No petition for fees will be considered until the Inventory and Appraisal has been filed. (b) The additional powers granted to a conservator or guardian under Probate Code Sec. 2591(p) do not confer authority for the conservator or guardian to pay fees to their attorney of record without first obtaining prior court approval. (Amended 1/1/16) RULE 11.1007 "ONE - FEE" Repealed 1/1/05 RULE 11.1008 NOTICE TO PRIOR REPRESENTATIVE OR ATTORNEY Repealed 1/1/05 RULE 11.1009 REIMBURSEMENT FOR COSTS ADVANCED If counsel or the fiduciary seek reimbursement for costs, such costs must be itemized in the petition. (Eff. 7/1/00) PART ELEVEN: DISTRIBUTION AND DISCHARGE RULE 11.1101 PETITION OR STATUS REPORT REQUIRED - FILING TIME Within one year from the date of issuance of letters in estates not required to file a federal estate tax return and within 18 months from the date of issuance of letters in estates where such return is required, the personal representative must either petition for final distribution of the estate or file a verified report of status of administration. If a report is filed, it must show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate. Probate Code Sec. 12201. Please see local forms PR003 and PR005 for a Report of Status of Administration and Order on Status of Administration. These forms have been adopted for optional use. (Amended 1/1/13) RULE 11.1102 REQUIRED ALLEGATIONS IN PETITION FOR PRELIMINARY AND FINAL DISTRIBUTION In addition to other items required by law, a petition for preliminary and final distribution must contain the following: (a) A full and complete description of all assets on hand, including the legal description and common address of real property. The descriptions may either be set forth in the body of the petition, or by an attached schedule incorporated by reference. (b) An allegation as to the character of the property, whether separate or community, in all cases where its character may affect distribution. (c) Facts specifically showing the entitlement of each recipient to the portion of the estate to be distributed to him or her. This must also include information concerning predeceased children and in the case of intestate succession, a list of heirs to permit the Court to determine if the laws of intestate succession have been properly applied. A general allegation that the estate is to be distributed in accordance with the terms of the will is not sufficient. (d) The name of each distributee. State whether the distributee is an adult or minor. If the distributee is a minor, the age and date of birth must also be listed and a guardian, trustee, custodian or parent identified. (e) A computation of attorney’s fees and personal representative’s commissions requested, or a statement of the waiver of such compensation.In addition to the rules set forth above, a petition for final distribution must contain the following: (1) A schedule of claims showing the name of the claimant, the amount claimed, the date presented, the date allowed, the date paid if the claim has been paid and the amount paid. If any claim has been rejected, the date of service of notice of rejection of claim, if such notice was given, must be stated; and any known suit on the rejected claim must be identified. (2) An itemization of costs unless itemized in the final accounting. (3) A statement that the federal estate tax has been paid, or that the estate is too small to require payment of tax, or that installment payments have been provided for under IRS 6166. When proration of the federal estate tax is applicable, the accompanying account should include a schedule indicating the method by which the proration has been computed. (4) A statement that decedent had not received health care under provisions set forth in Probate Code Sec. 9202 ; or a statement that (1) decedent had received such health care, (2) notice of decedent's death was given to the Director of Health Services in the manner and within the time required by Probate Code Sec. 9202, and (3) more than 4 months have elapsed since said notice was given, and that either no claim was filed by the Director during that period, or that the claim which the Director full and a dismissal of claim is on file. (5) If interest or income accruing during administration is distributable pursuant to Probate Code Sec. 12000 et seq., a statement of the amount due and the method of calculation. See Rule 11.902. (f) An allegation disclosing the existence or non-existence of any family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the account period as required by Probate Code §1064(a)(4). (g) Please see local forms PR006 and PR007 for a First and Final Report of Personal Representative and Order on First and Final Report of Personal Representative. These forms have been adopted for optional use. (Amended 1/1/13) RULE 11.1103 DISTRIBUTION TO MINORS (a) If the decedent’s will permits or if the sum does not exceed $20,000, and the Court determines that it would be in the best interest of the minor, the Court can order the distribution to a custodian for the benefit of the minor under the Uniform Transfer to Minors Act. Probate Code §§ 3900 - 3925. (b) The court may permit distribution of personal property to a parent of a minor if the total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed $5,000 in value. See Probate Code Sec. 3400. The written assurance required by Probate Code Sec. 3401 must be filed prior to the signing of the Order. The Order must indicate that the distribution is made pursuant to Probate Code Sec. 3401. (c) If neither (a) nor (b) above applies, the Court must appoint a Guardian of the minor's estate to receive the distribution. If the sole asset of the guardianship is money (and not securities), real property, a note, or any other asset where the value of the principal could diminish), the Court may be able to later terminate the guardianship under the circumstances in Probate Code § 3412(a). (Eff. 1/1/09) RULE 11.1104 DISTRIBUTION TO NONRESIDENT BENEFICIARIES [REPEALED] Repealed 1/1/16. RULE 11.1105 DISTRIBUTION TO A TRUST (a) If a distribution is to made to a trust, a statement by the trustee of trustee's willingness to accept 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 the will provides for distribution of the estate, or portion thereof, to a trust created by the will, the trust provisions set forth in the will must be set forth as required under California Rule of Court 7.650. (Amended 1/1/16) RULE 11.1106 DISTRIBUTION TO AN ASSIGNEE If distribution is to be made pursuant to an assignment of interest, the Court may on the motion of any person interested in the estate or on the motion of the public administrator or on its own motion inquire into the consideration for such assignment and into the circumstances surrounding the execution of such assignment. The signature of the assignor must be acknowledged. (Eff. 7/1/00) RULE 11.1107 DISTRIBUTION PURSUANT TO AGREEMENT If the distributees seek distribution in a manner other than that provided by the will or by the laws of intestate succession, that fact should be alleged, and a written agreement (signed by all involved distributees with signatures acknowledged before a notary public) must be filed. If any such distributee is a minor or is under disability, the agreement must be signed by the minor's legal guardian. Either earlier Court approval of the agreement in the guardianship proceeding must be proved in the probate proceeding or a petition for approval of the agreement in both the guardianship proceeding and the probate proceeding must be brought on for hearing at the same time. (Eff. 7/1/00) RULE 11.1108 PRELIMINARY DISTRIBUTION – BOND If a preliminary distribution is made before four months have elapsed after letters are first issued, the Court must require that the distributees post a bond. Probate Code Sec. 11622. After such four month period has elapsed, the Court may require a distributee’s bond in the amount the Court orders. (Eff. 7/1/00) RULE 11.1109 PROCEDURE FOR OBTAINING AN ORDER FOR FINAL DISCHARGE To obtain a final discharge for the personal representative, the following documents must be presented to the Clerk: all receipts of distributees, an affidavit for final discharge signed by the personal representative and an order of discharge obtained pursuant to the provisions of Probate Code Sec. 12250 or Sec. 12251. (Eff. 7/1/00) PART TWELVE: ESTABLISHING FACT OF DEATH RULE 11.1201 PROCEEDINGS TO ESTABLISH DEATH (a) A verified petition to establish the fact of death must be filed in the name of the deceased person. Probate Code Secs. 200 - 204. (b) The order can be obtained ex parte if the petition is accompanied by: (1) An affidavit by petitioner that petitioner has no reason to believe that there is any opposition to, or contest of the petition; (2) The proposed order. Filings not accompanied by these documents must be set for hearing. (c) There is no provision in the code for attorneys’ fees in proceedings to establish fact of death. No request for attorney fees must be included in the petition, and if so included, will be disallowed. (Eff. 7/1/00) PART THIRTEEN: PETITIONS SETTING ASIDE ESTATES, PROPERTY PASSING OR BELONGING TO SURVIVINGSPOUSE, AND COLLECTION OF SMALL ESTATES RULE 11.1301 PETITION TO SET ASIDE UNDER PROBATE CODE SECS. 6600-6613 A petition to set aside a decedent's estate (net value under $20,000) under Probate Code Sec. 6600 et seq., must be filed in the proceedings for the administration of the decedent's estate. If such proceedings have not commenced, a petition to set aside may be filed concurrently with the petition for letters, or if no petition is being filed, a petition may be filed independently. (Eff. 7/1/00) RULE 11.1302 PETITION RELATING TO PROPERTY PASSING OR BELONGING TO SURVIVING SPOUSE (a) If the basis for determining that property should pass or be confirmed to the surviving spouse is that the property is community property or quasi-community property, in addition to the allegations required by Probate Code §13651, the following information should be included in the spousal property petition: (Amended 1/1/16) (1) Date and place of marriage; (2) Ownership of any real and personal property on date of marriage and a description and approximation of values; (3) Decedent's net worth at time of marriage; (4) Decedent's occupation at time of marriage; (5) A description of any property acquired after date of marriage by gift, devise, descent, proceeds of life insurance or joint tenancy survivorship, and dates of receipt and approximation of values; (6) The identification of any property described in 2 or 5 above which is still a part of this estate; (7) A copy (preferably a photocopy, showing signatures) of any document establishing the character of the property; and (8) Any additional facts upon which the claim that property is community or quasi-community property is based. (Amended 1/1/05) RULE 11.1303 PROCEDURE FOR COLLECTION OF SMALL ESTATES (a) The basis for collection of small estates not exceeding $150,000 is set out in Probate Code Sec. 13100 et seq. (personal property) and Sec. 13150 et seq. (real property). The basis for collection of an interest in decedent’s real property that does not exceed $50,000 is set forth in Probate Code Sec. 13200 et seq. (b) With respect to succession to real property for estates of decedents not exceeding $150,000 under Probate Code Sec. 13150 et seq., the successor of the decedent to an interest in real property must file a petition requesting an order determining that the petitioner has succeeded to the real property and that administration is unnecessary. Such petition must be on forms approved by the Judicial Council. (Amended 1/1/16) PART FOURTEEN: INDEPENDENT ADMINISTRATION RULE 11.1401 GENERAL With respect to matters transacted pursuant to the provisions of the Independent Administration of Estates Act contained in Probate Code §10400 et seq., the following policies must apply: (a) In any petition for distribution, a schedule of claims must be included as part of the petition, the name of the claimant, the amount claimed, the date presented, the date allowed, the date paid if the claim has been paid and the amount paid must be set forth. If any claim has been rejected, the date of service of notice of rejection of claim, if such notice was given, must be stated; and any known suit on the rejected claim must be identified. (b) Although preliminary distribution may be made without accounting, sufficient facts must be set forth in the petition to allow the Court to ascertain that the estate is solvent. (c) In any petition for distribution, all independent acts taken without prior Court approval must be set forth and described with particularity, and an allegation made that the 15-day notice of proposed action with attached notice of proposed action and proof of service must be filed with the Court. The petition for distribution must indicate whether or not objections or consents to the proposed action were served. If certain acts have been properly reported in a prior distribution, they need not be repeated. (Amended 1/1/05) RULE 11.1402 NOTICE AND PUBLICATION REQUIREMENTS If the request for authority to administer the estate under the Independent Administration of Estates Act is made by separate petition, notice must be given in the same manner set forth in Probate Code Sec. 10451. (Eff. 7/1/00) PART FIFTEEN: TRUSTS RULE 11.1501 COURT JURISDICTION (a) The Court has exclusive jurisdiction over the internal affairs of trusts, and has concurrent jurisdiction of (i) actions and proceedings to determine the existence of trusts, (ii) actions and proceedings by or against creditors or debtors of trusts, and (iii) other actions and proceedings involving trustees and third persons. Probate Code Sec. 17000. (b) Proceedings concerning the internal affairs of trusts are set forth in Probate Code Sec. 17200. (c) A copy of the trust must be an attachment to a Petition under Probate Code Sec. 17200 et seq. and should not be filed as a separate exhibit. (Amended 1/1/16) RULE 11.1502 CONTINUING JURISDICTION A trust created by a will is not subject to the continuing jurisdiction of the Court, unless: (a) The testator provides otherwise, or (b) The trust was created by a will executed before July 1, 1977, and not incorporated in a will or after July 1, 1977 and the trust has not been removed from continuing court jurisdiction. Probate Code Sec. 17300(a) and 17303. If the trustee is not a trust company, Probate Code Sec. 17352 provides that a pre-July 1, 1977 testamentary trust may be removed from continuing jurisdiction upon a petition filed pursuant to that section. If the petition is granted, the Court may impose such conditions including a bond, as it deems necessary. If a trustee is a trust company, a testamentary trust must be removed from continuing jurisdiction pursuant to Probate Code Sec. 17351.(Eff. 7/1/00) RULE 11.1503 TRUSTEES' ACCOUNTS Repealed 1/1/05. RULE 11.1504 BENEFICIARIES TO BE LISTED IN PETITION Repealed 1/1/05. RULE 11.1505 NOTICE TO BENEFICIARIES Repealed 1/1/05. RULE 11.1506 TRUSTS ESTABLISHED BEFORE DECREE OF DISTRIBUTION (a) The Clerk must issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the Court file shows the incumbency of the trustee, upon the trustee accepting its duties and responsibilities as such trustee and making application to the Clerk for such certificate and paying the appropriate fees. Probate Code Sec. 15603 (b) The trustee named in a will admitted to probate may be appointed before the decree of distribution is made, upon filing of an appropriate petition. (c) Where a vacancy exists, a trustee not named in the will admitted to probate may be appointed upon the filing of a petition under Probate Code Sec. 15660. Written notice must be given to all beneficiaries by mail. A bond may be required of a trustee who is a nonresident or is not named in the will. The order appointing the trustee in paragraphs (b) and (c) must contain all the terms of the trust and the trustee must have all the powers and duties in respect to the trust res set forth in the trust instrument. If no trustee claims the trust res or can qualify to receive the same and there is no indication in the will as to where the proceeds are to go, a petition to determine heirship may be filed in the same manner as provided by Probate Code Sec. 17200 to determine to whom distribution must be made.(Eff. 7/1/00) RULE 11.1507 FEES OF TRUSTEES AND THEIR ATTORNEYS See Sec. 11.1001 et seq. of these rules. (Eff. 7/1/00) PART SIXTEEN: GUARDIANSHIPS RULE 11.1601 PETITION FOR APPOINTMENT OF GUARDIAN (a) A petition for appointment of a general guardian of the person or estate of a minor or minors must be filed on Judicial council form GC-210, and the information on the form must be complete. Probate Code § 1510. If the petitioner also wishes to be appointed a temporary guardian, a petition for appointment of temporary guardian must also be filed on Judicial Council form GC-110. (b) A petition for temporary guardianship will be heard ex parte only if the petitioner satisfies the requirements of California Rule of Court 7.1012 and Local Rule 11.113, and the following documents have been filed (an original and one copy) with the above petitions: (1) proof of service in compliance with Probate Code § 2250(e)(1), or a Declaration of Due Diligence explaining why an exception to the notice requirement "is necessary to protect the proposed ward or his or her estate from immediate and substantial harm" (California Rule of Court 7.1012(b) and (e)); (2) a completed Order Dispensing with Notice (GC-021) for the Judge's signature; (3) a completed Duties of Guardian (GC-248); (4) a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (GC-120); (5) a completed Confidential Guardian Screening Form (GC-212); (6) a completed Consent of a Proposed Guardian etc. (GC-211); (7) a completed Indian Child Inquiry Attachment (ICWA-101(A)); (8) a completed Child Information Attachment (GC- 210(CA)); (9) a completed Order Appointing Temporary Guardian or Conservator (GC- 140) for the Judge's signature; and (10) a completed Letters of Temporary Guardianship (GC-150). (See GC-505 - "Forms You Need to Ask the Court to Appoint a Guardian of the Person"; GC-510 - "What is 'Proof of Service' in a Guardianship"; ask a Clerk in Room 385 for this Court's Pro Per Guardianship Packet). The petitioner must give notice at least five days before the hearing in compliance with Probate Code § 2250(e)(1). (c) The Court cannot waive the notice requirements of Probate Code § 2250(e) unless the petitioner can demonstrate that the waiver is "necessary to protect the proposed ward or his or her estate from immediate and substantial harm." California Rule of Court 7.1012. (d) The petition must set forth with specificity the reason for the necessity of the establishment of a guardianship. (e) The petition must state whether or not (1) the minor is a ward or dependent of the juvenile court; (2) adoption proceedings are ongoing; (3) custody of the child has been awarded in a family court proceeding; or (4) there is an open family law proceeding involving the child's parents. See Probate code §§ 1511 and 1512. (f) When a petitioner is a relative, a copy of the petition and other papers filed therewith must be provided to the Court Investigator. See Rule 11. 1809. A copy of the petition only, must be provided to the San Luis Obispo Department of Social Services Child Protective Services. When the petitioner is a non-relative, a copy of the petition and other papers filed therewith must be provided to the San Luis Obispo County Department of Social Services but not to the Court Investigator. (Amended 1/1/09) RULE 11.1602 INVESTIGATION AND REPORT BY COURT INVESTIGATOR (a) When a relative of a minor files a Petition for Guardianship of the Persons or Estate, a Court Investigator must do an investigation that covers all of the information in Probate Code Sec. 1513(a). If any party contends that any parent is "unfit," as defined in Welfare and Institutions Code Sec. 300, and one or both of the parents contest the guardianship, Child Welfare Services will also be required to provide a Report under Probate Code Sec. 1513(b). (b) When a non-relative of a minor files a Petition for Guardianship, a Court Investigator will not complete a Report. Instead, Child Welfare Services will be required to provide a Report under Probate Code Sec. 1543(a). [Former Local Rule 11.602(b) repealed 7/1/03] (1/1/16) RULE 11.1603 GUIDE FOR GUARDIANS The Judicial Council has approved a “Probate Guardianship Pamphlet” which provides basic information and may be obtained from the Clerk’s Office. (Eff. 7/1/00) RULE 11.1604 SUPPORT OBLIGATION OF PARENTS As parents are required by statute to support their children, the Court will not permit guardianship funds to be used for the minor's maintenance where one or both parents are living except upon a showing of the parent's financial inability or other circumstances which would justify the Court in departing from this rule in the best interests of the minor. In all cases where guardianship funds are to be used for the ordinary expenses of supporting a minor, and where there is a parent living who has the obligation to support the minor, the guardian must obtain Court approval prior to the expenditure of funds. A petition for authority to expend funds for support must be accompanied by a detailed explanation (including financial statements, if necessary) of the parent's inability to support the child. (Eff. 7/1/00) PART SEVENTEEN: CONSERVATORSHIP RULE 11.1701 PETITION FOR APPOINTMENT OF CONSERVATOR (a) A petition for appointment of a conservator of the person or estate must be filed on Judicial Council form GC-310, and the form must be complete. If the petitioner also wishes to be appointed a temporary conservator, a petition for appointment of temporary conservator must also be filed on Judicial Council form GC-111. (b) A petition for temporary conservatorship will be heard ex parte only if petitioner satisfies the requirements of Local Rule 11.113, and the following documents have been filed (an original and a copy) with the above petitions: (1) proof of service in compliance with Probate Code Sec. 2250(e)(2), or a showing that an exception is necessary “to protect the proposed conservatee or his or her estate from immediate or substantial harm” California Rule of Court 7.1062); (2) a Declaration Supporting a Good Cause Exception to Notice, in the form prescribed by California Rule of Court 7.1062(e); (3) Confidential Conservator Screening form (GC-312); (4) Confidential Supplemental Information form (GC-312); (5) a completed Order Appointing Court Investigator (GC-330) for the Judge’s signature; (6) an Ex Parte Application for Order Authorizing Completion of Capacity Declaration (GC- 334); (7) a Citation for Conservatorship (GC-320); (8) a Citation (GC-320); (9) a Notice of Conservatee’s Rights (GC-341), with the required attachment (GC-341(MA)); (10) a Duties of Conservator form (GC-348) signed by the proposed conservator; (11) a completed Order Appointing a Temporary Guardian or Conservator (GC-140) for the Judges’ signature; and (12) a completed Letters of Temporary Conservatorship (GC-150). (c) The petition shall state facts that establish: (1) good cause for the appointment of a conservator (Probate code Sec. 2250.2(b); and (2) why granting a conservatorship is the least restrictive alternative for the protection of the conservatee (Probate code Sec. 1800.3(b); (d) The proposed temporary conservatee shall attend the hearing, unless the petitioner can present doctor’s declaration that the proposed temporary conservatee “is unable to attend the hearing by reason of medical inability” (Probate Code Sec. 2250.4(b)0; or the Court Investigator has visited the proposed conservatee, and has reported to the court that the proposed conservatee is not willing to attend the hearing, and does not wish to contest the establishment of the temporary conservatorship, and does not object to the proposed temporary conservator. (e) A separate copy of the petition and other papers filed must be provided to the Court Investigator’s office at 1120 Mill Street, Suite A, as soon as possible. The Investigator is now required to do a Report pursuant to Probate Code § 2250.6 prior to the hearing on the petition for temporary guardianship, unless “it is not feasible to do so.” In the latter case, the Report must be completed no later than three court days after the hearing. Counsel are required to understand the demands on Court personnel when counsel decides to file and schedule petitions for temporary conservatorship. Court personnel are being required to complete their obligations under the amendments to the Probate Code that took effect in 2007 and 2008 under an unfunded mandate. (f) Counsel or the proposed conservator should promptly file the required Capacity Declaration (GC-335) with the Dementia Attachment (GC-335) if “dementia powers” are requested under Probate Code Sec. 2356.5. An individual should not be deprived of any freedom or property for any significant period of time without a medical showing to the Court that he or she is unable to “provide for his or her needs for physical health, food, clothing and shelter” and/or is unable to “manage his or her own financial resources, or to resist fraud or undue influence.” Probate Code § 1821(a)(1) and (5). (g) Please see local form PR008 for an Order Appointing Counsel for the Conservatee. This form has been adopted for optional use. (Revised 1/1/13) RULE 11.1702 LETTERS OF CONSERVATORSHIP (a) No Letters of Conservatorship (temporary or permanent) will be issued by the Clerk until the following have been filed: (1) a completed Duties of Conservator and Acknowledgment of Receipt of Handbook form (GC-348); (2) an adequate bond under Probate Code § 2320 and California Rule of Court 7.207 (if a conservatorship of the estate is involved); and/or an order to Deposit Money into Blocked Account (MC-355) and a Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Account (MC-356), signed by the appropriate officer of the financial institution. Blocked accounts can be used to reduce the mandated bond only if the accounts are fully federally insured, and are in the form of "money" (CDs, etc.). Securities accounts should be blocked, if necessary, to prevent the unauthorized use of its assets, but blocked securities accounts cannot supplant bond, since the account value could decline to zero. See Probate Code §§ 1834-1835. (b) If the Letters of Conservatorship are not issued and filed within forty-five (45) days after filing the Order Appointing Conservator, the conservator's powers will automatically be suspended and no letters must be issued by the Clerk until a further order is executed by the Court. (Eff. 7/1/09) RULE 11.1703 HANDBOOK FOR CONSERVATORS The Handbook for Conservators can be obtained online through the Judicial Council website, http://www.courts.ca.gov/documents/handbook.pdf. (Amended 1/1/16) RULE 11.1704 MINIMUM STANDARDS FOR A CONSERVATORSHIP (a) No conservatorship of the person or of the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee. Probate Code § 1800.3(b) (b) A conservator of the person must avoid any “actual and apparent conflicts of interest with the conservatee,” set out in California Rule of Court 7.1059(a)(1)-(4) (c) No conservatorship of the estate will be granted unless the petitioner also meets the minimum standards set out in Section 1801(b). All conservators of estates must comply with the “standards of conduct for the conservator of the estate” set out in California Rule of Court 7.1059, and must file accounts in accord with Probate Code §§ 2620 and 1060 et. seq., and California Rule of Court 7.575 (unless the conservator can demonstrate that he or she is exempt from accounting under Probate Code §§ 2628(a)). (d) No order will be granted under Probate Code § 1880 until the petitioner has filed a complete and satisfactory Capacity Declaration (GC-335) with the Dementia Attachment (GC- 335A), if dementia powers are requested. Probate Code §§ 1890, 2356 and 2356.5. (Amended 1/1/09) RULE 11.1705 SUBSTITUTED JUDGMENTS IN CONSERVATORSHIPS (a) A trust created by order of the probate court for the benefit of a minor or incompetent adult pursuant to Probate Code §2580 et seq.,3100 et seq. or 3600 et seq. will ordinarily be required to remain under the continuing jurisdiction of the court and contain the following provisions to be effective during the lifetime of the incompetent adult or during the minor’s minority. (1) Trustee shall post bond for assets and income of the trust. (2) Trustee shall file accounting consistent with the requirements of Probate Code §2620 and Probate Code §1060 et seq. (3) Prior court approval shall be required for investments other than those listed in Probate Code §2574(a). (4) Trustee shall obtain prior court approval for gifting, hypothecation, borrowing, loans, and sales of assets as would be required by a guardian or conservator of the estate. (5) Prior court approval shall be required for payments of fees to attorneys, conservators, guardians and trustees. (6) The trust shall pay for court approved court investigation costs, fees for guardians, conservators, their attorneys and court appointed counsel as well as other costs of administration approved by the court. (7) There shall be no “no contest” clause in the trust instrument. (b) The probate court will ordinarily appoint an attorney as guardian ad litem to represent the interests of the minor or incompetent adult in the proceeding to establish the trust. (c) Where an inter-vivos trust has been established for the benefit of the proposed Conservatee or Ward before the filing of a petition to appoint a Conservator or Ward and where the Trustee and the Conservator or Guardian, as the case may be, are the same individual, the approval of a petition for Conservatorship or Guardianship may be conditioned upon satisfaction of the requirements set forth in this Local Rule. (Eff. 1/1/05) PART EIGHTEEN: PROVISIONS COMMON TO GUARDIANSHIPS AND CONSERVATORSHIPS RULE 11.1800 HEARING DATES (a) Unless otherwise ordered by the Court, petitions for guardianships or conservatorships must be set for hearing by the Clerk six (6) weeks from the filing of the petition. (b) If a temporary guardianship is granted ex parte, the hearing on general guardianship must be calendared for hearing within thirty (30) days from the date of granting the temporary guardianship. Probate Code Sec. 2250(d). (c) If a temporary conservatorship is granted ex parte, the hearing on general conservatorship must be set for hearing by the Clerk six (6) weeks from the filing of the petition. (Eff. 7/1/00) RULE 11.1801 PRIVATE PROFESSIONAL CONSERVATOR/GUARDIAN/TRUSTEE (a) The court may not appoint a private professional conservator, guardian or trustee unless that person has fully complied with all of the requirements of Probate Code Sec. 2340 (as effective July 1, 2008) and California Rules of Court 7.1010 and 7.1060, and the professional has filed the required Declaration of Private Professional Guardian – Guardians (GC-005) and Declaration of Private Professional Conservator or Guardian – Continuing Education (GC-006). (Amended 1/1/09) RULE 11.1802 APPOINTMENT OF TEMPORARY GUARDIAN OR CONSERVATOR [REPEALED] Repealed 1/1/09. RULE 11.1803 NOTICE (a) Notice of all hearings must be provided on Judicial Council form GC-020, along with the required Proof of Personal Service (GC-020(P)) for all persons who must be personally served in guardianships under Probate Code Secs. 1511(a) and (b). That section provides: “The court may not shorten the time for giving the notice of hearing under this section.” The following Judicial council publication is helpful: “What is “Proof of Service” in a Guardianship? (GC-510). Notice (GC-020) may be served by mail on those persons described in Probate Code Sec. 1511(d). (b) The proposed conservatee must be personally served with a Citation (GC-320) and a copy of the petition. Probate Code Sec. 1824. The Notice of Hearing must be mailed to those persons described in Probate Code Sec. 1822. That section provides: “The court may not shorten the time for giving the notice of hearing under this section.” (c) A party seeking temporary Letters of Guardianship or Conservatorship must give notice of the application to the spouse, parents, proposed ward or conservatee, other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice, unless on good cause shown the Court orders otherwise. The Court will appoint a temporary conservator/guardian if it is shown that an emergency situation exists that requires immediate attention. A temporary conservator/guardian will be appointed without notice only in the most urgent situations. (Amended 1/1/09) RULE 11.1804 BOND/BLOCKED ACCOUNT (a) Except as provided by statute, every guardian and conservator must give a bond in the amount fixed by the Court. Probate Code Sec. 2320 and comply with requirements set forth in California Rules of Court, Title Seven, Chapter 5. Bond must be filed before issuance of letters. (Amended 7/1/03) (1) In a conservatorship proceeding, where the conservatee, having sufficient capacity to do so, has waived the filing of a bond, the Court in its discretion may dispense with this requirement or may permit the filing of a bond in an amount less than would otherwise be required under Probate Code Sec. 2320. (b) The guardian or conservator may elect to place all or a portion of estate assets into a blocked account which would require prior Court approval to access such funds in lieu of, or, to reduce the bond amount. Probate Code Sec. 2328. Judicial Council form: MC-355, Order To Deposit Money Into Blocked Account, and MC-356, Receipt And Acknowledgment Of Order For The Deposit Of Money Into Blocked Account are available at the Clerk’s office or can be found on the California Courts website at www.courts.ca.gov. (Subd (b) amended effective July 1, 2023, previously amended July 1, 2002.) (c) One appointed as guardian of the person or conservator of the person need not file a bond unless required by the Court. (Amended 7/1/02) RULE 11.1805 INVENTORY AND APPRAISAL (a) An inventory and appraisal of the estate, as of the day of appointment, must be filed by the guardian or conservator, with the Clerk within ninety (90) days of appointment, in all cases where there is a conservator or guardian of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code Sec. 2628. When there are no assets known to or in the possession of the conservator or guardian, the inventory should so indicate. Probate Code Sec. 2610. The inventory and appraisal must be in the form of accounts for decedents’ estates as set forth in these rules. See Rule 11.603 (b) After-acquired or newly discovered property must be inventoried and appraised pursuant to Probate Code Sec. 2613. (Eff. 7/1/00) RULE 11.1806 ACCOUNTS (a) An accounting must be filed by the guardian or conservator: (1) At the expiration of one year from the time of appointment and thereafter not less frequently than bi-annually unless otherwise ordered by the Court. (2) Upon the ward's 18th birthday. (3) Upon death of the ward or conservatee. (4) Upon death, removal, or resignation of the guardian or conservator. (5) Upon any other termination of the guardianship or conservatorship. (6) At such other times as the Court may order. (b) Accounts must contain the information and be in the form required in Probate Code §§ 2620 and 1060-1064 and California Rule of Court 7.575 and must be in the form of accounts for decedents’ estates as set forth in these rules. If the account shows expenditures not authorized by prior order of the Court, the guardian or conservator must provide supporting declarations or testimony with respect to such expenditures before the account must be approved. An explanation of any unusual items appearing in the account should be set forth in a statement included in the petition and account. (Amended 1/1/09) (c) The guardian or conservator must set forth in a separate schedule all debts of the ward or conservatee known or anticipated by the guardian or conservator. (d) The conservatee's current residence address must be set forth in each report or account. (e) The petition and account must set forth a statement of the age, health/physical condition, activity/treatment program and whereabouts of the ward or conservatee. (f) Where there are multiple wards or conservatees joined in a single proceeding an account must reflect a separate accounting for each of the respective wards or conservatee. (Amended 1/1/16) RULE 11.1807 REPORT BY COURT INVESTIGATOR, PROBATE EXAMINER OR COURT ATTORNEY (a) The Court Investigator, Probate Examiner or Court Attorney must review each account filed to ascertain the correctness of the account and whether the assets are being utilized in the best interests of the conservatee or ward. The Court Investigator, Probate Examiner or Court Attorney must file a confidential report of his or her findings with the Court. (b) The Court Investigator’s assessment shall be charged for all account reviews that do not require a home visit by the Court Investigator unless waived by the Court. In the event that a home visit is conducted, the assessment shall be charged by the Court Investigator only. (Amended 1/1/16) RULE 11.1808 WAIVER OF ACCOUNTING -- WHEN PERMITTED (a) The Court does not favor the waiver of any final accounting by a guardian or conservator. A minor may not waive an accounting. A minor who has attained majority will not be permitted to waive a final accounting except upon a showing of unusual circumstances, and then only if the minor is present in Court at the hearing on the petition for termination without an accounting. (b) In the event that the court has dispensed with the necessity of an accounting pursuant to Probate Code §2628, the fiduciary must file a final report that contains allegations concerning whether the estate continued to satisfy all of the conditions required by Probate Code §2628(b) in lieu of filing a final account. The final report must set forth the assets on hand and the proposed disposition of those assets. Notwithstanding any order dispensing with the necessity of the account, the Court may, under appropriate circumstances, require the filing of an account. (Amended 1/1/05) RULE 11.1809 [REPEALED] Repealed 1/1/17. RULE 11.1810 ORDER FOR COURT INVESTIGATOR'S FEES If Court Investigator's fees are due, the Court will not sign the order approving accounting or terminating the matter until the fee is paid or waived. Probate Code Sec. 1851.5. (Eff. 7/1/00) RULE 11.1811 POWERS AND INVESTMENTS BY GUARDIAN OR CONSERVATOR (a) It is the policy of the Court to grant only those additional powers necessary or proper under the circumstances in each case. The Court will not routinely grant the guardian or conservator the additional powers set forth in Probate Code Sec. 2591 except on showing of good cause. Any powers so granted must be set forth at length in the order and in the letters. (b) The investment standard set out in Probate Code Secs. 16040(a) and 16045 et seq. relating to investments by trustees, is the standard in authorizing proposed investments by guardians or conservator. (c) Subject to the limitations set forth in Probate Code Sec. 2574(b), the guardian or conservator may invest funds in those investments described in Probate Code Sec. 2574(a) without authorization of the Court. Investments in existence at the time of the creation of the guardianship usually may be maintained. (d) The Court will not approve the investments of funds in unsecured loans, loans to a near relative, or bonds or obligations of foreign governments or corporations, whether payable in dollars or not. (Eff. 7/1/00) RULE 11.1812 FINAL DISCHARGE Each order for final discharge submitted to the Court for approval must be accompanied by an affidavit of the guardian or conservator stating that distribution has been made of all property and assets of the estate in accordance with the order for distribution, that all money, stocks, bonds, and other personal property have been delivered to the distributees as ordered by the Court, that receipts of the distributees are on file, and that all acts lawfully required of him, in his representative capacity, have been performed. (Eff. 7/1/00) RULE 11.1813 TERMINATION OF GUARDIANSHIP OR CONSERVATORSHIP Upon the filing of a petition to terminate any guardianship or conservatorship, the Court Investigator must make a report to the Court concerning the circumstances of the termination and his recommendations, if any. (Eff. 7/1/00) RULE 11.1814 SPECIAL NEEDS TRUSTS (a) The purpose of a special needs trust is to set aside a fund to meet the statutorily defined “special needs” of a “disabled person,” while still maintaining that person’s rights to receive needs based public benefits, such as Medi-Cal. 42 U.S.C. § 1382c(3)(A) and §1396p(d)(4)(A). (b) In order to achieve this purpose, the “disabled person” must meet the requirements of Probate Code Sec. 3603, and the Trust itself must comply with the requirements of Probate code § 3604 and California Rule of Court 7.903. In particular, the form of the special needs trust that is proffered to the court for approval must contain all of the provisions set out in California Rule of Court 7.903(c). Special needs trusts are required to file accountings in the form and frequency required by Probate Code §§ 3620 and 1060-1064. If these rules are not explicitly followed, the California Department of Health or the Department of Social Security may terminate the trust, and the beneficiary may lose his or her public benefits. (Amended 1/1/09) RULE 11.1815 REQUIRED SUPPORTING DOCUMENTS AT TIME CONSERVATORSHIP/GUARDIANSHIP PETITION FILED In an effort to provide the investigations by the appropriate entity in a timely manner for hearings with every initial Petition for Probate Conservatorship of the person and/or estate or Petition for Guardianship of the person and/or estate, the petitioner must concurrently file the following documents listed below under subsections (a) or (b), as appropriate. Initial Petitions submitted without the supporting documents listed below shall be rejected by the Civil Clerk’s Office until all of the necessary supporting documents, as indicated, are provided. An “Initial Petition” is defined as the first Petition for Conservatorship of the person and/or estate or first Guardianship of the person and/or estate, filed by a Petitioner, regardless of whether the filing is a temporary petition or general petition. Competing or subsequent Petitions for Conservatorship of the person and/or estate or Guardianship of the person and/or estate, filed by another Petitioner or nominating a different proposed guardian/conservator, must also provide the supporting documents listed below before the filing will be accepted by the Civil Clerk for filing. Other documents may be necessary to proceed at the time of the hearing, but only the documents listed below are required for the Civil Clerk’s Office to file the Petition. (a) Petitions for Conservatorships of the Person and/or Estate supporting documents; (1) Confidential Conservator Screening Form (Judicial Council Form GC-314) (2) Order Appointing Court Investigator (Judicial Council Form GC-330) (b) Petitions for Guardianships of the Person and/or Estate supporting documents; (1) Confidential Guardian Screening Form (Judicial Council Form GC-212). (Adopted 7/1/16). PART NINETEEN: PROPERTY BELONGING TO MINORS RULE 11.1901 DISPOSITION OF MINOR'S FUNDS (a) A petition under Probate Code §§ 3410-3413 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 of the reasons that the requested relief will best serve the interests of the minor. (b) The petition may be presented ex parte if the only relief sought (other than reimbursement of costs and award of attorneys' fees) is to deposit funds in a blocked account and the amount involved does not exceed $20,000. Otherwise, the petition must be noticed. (c) Where the minor’s funds are to be deposited into a blocked account, the order must provide that the person holding funds must distribute the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified. A hearing will be calendared in court to ensure compliance with the Court order and a personal appearance is mandatory if a receipt of deposit has not been filed Judicial Council Forms: MC-355, Order To Deposit Money Into Blocked Account, and MC-356, Receipt And Acknowledgment Of Order For The Deposit Of Money Into Blocked Account are available at the Clerk’s Office or can be found on the California Courts website at www.courts.ca.gov. (Subd (c) amended effective July 1, 2023, previously amended July 1, 2002.) RULE 11.1902 REQUEST FOR WITHDRAWAL OF FUNDS IN BLOCKED ACCOUNT (a) All requests or petitions for withdrawal of minor’s funds deposited in a blocked account must be made to the Court and may be presented ex parte in completed form. A statement must be presented with the petition verifying the amount of each item of the proposed expenditure. Local court form “Petition for Withdrawal of Minor’s Funds” is available at the Clerk’s office. (b) If the funds requested are for the support and maintenance of the minor and the petitioner is a parent, the parent must file a declaration showing the parent’s financial inability or other circumstances justifying the withdrawal. See Rule 11.1604 (c) No subsequent order for withdrawal will be signed by the Court until the trustee or guardian has complied with the directions of the Court contained in prior withdrawal orders. This means that all supporting vouchers and required certifications and declarations must be on file with the Clerk. (d) Judicial Council Form MC-357, Order For Withdrawal Of Funds From Blocked Account is available at the Clerk’s Office or can be found on the California Courts website and must be presented in accordance with Local Court Rule 11.501. (Amended 1/1/16) RULE 11.1903 WITHDRAWAL ON MINOR REACHING 18 YEARS OF AGE When a petition for withdrawal of all the funds is based upon the minor's having reached majority, a birth certificate or other satisfactory evidence of age must be presented with the petition. (Eff. 7/1/00) PART TWENTY: MINOR'S CLAIM RULE 11.2001 SETTLEMENT OF MINOR'S CLAIM Requests for approval of minor's compromise must be heard on the Probate Calendar. (Amended 1/1/05) RULE 11.2002 ATTORNEY FEES IN MINOR’S COMPROMISE CASES (a) Costs Allowable costs (CCP 1033.5) paid or incurred by the attorney will ordinarily be deducted from the judgment/settlement prior to computation of fees. (Amended 4/1/95) (b) Structured Settlement If the petition for approval of a claim under § 3500(b) of the Probate Code relates to a structured settlement calling for future periodic payments, the petition shall state the cost of the annuity. (Amended 1/1/05) RULE 11.2003 DISTRIBUTION (a) If the petition is approved, the Court must direct whether the funds are to be paid to a parent, to a blocked account, or to a general guardian. (b) If the settlement order provides for a deposit in a blocked account in lieu of appointment of a guardian, the Court must continue the matter on calendar for filed verification of compliance. A personal appearance is mandatory if proof of deposit is not on file Judicial Council forms: MC-355, Order To Deposit Money Into Blocked Account, and MC-356, Receipt And Acknowledgment Of Order For The Deposit Of Money Into Blocked Account are available at the Clerk’s Office or can be found on the California Courts website at www.courts.ca.gov. (Subd (b) amended effective July 1, 2023, previously amended July 1, 2002.) APPENDIX A: NEWSPAPERS OF GENERAL CIRCULATION Repealed 1/1/11 APPENDIX B: SUMMARY OF ACCOUNT LOCAL RULE 11.901(b) The summary must be in a format substantially the same as the following, except that inapplicable categories need not be shown: SUMMARY OF ACCOUNT With Principal and Income Breakdown Petition is chargeable and is entitled to the credits, respectively, as set forth in this Summary of Account. The attached supporting schedules are incorporated herein by reference: PRINCIPAL CHARGES Property on Hand at Beginning of Account (or Inventories) $ Additional Property Received (or Supplemental Inventories) $ Gains on Sales (Schedule A) $ Total Charges - Principal $ PRINCIPAL CREDITS Funeral Expenses (Schedule B) $ Debts of Decedent (Schedule C) $ Administration Expenses (Schedule D) $ Losses on Sales (Schedule E) $ Distribution of Assets per Court Order (Schedule F) $ Estate and Inheritance Taxes (Schedule G) $ Principal Assets on Hand (Schedule H) $ Total Credits - Principal $ INCOME CHARGES Interest Received (Schedule I) $ Dividends Received (Schedule J) $ Rents Received (Schedule K) $ Royalties Received (Schedule L) $ Total Charges - Income $ INCOME CREDITS Accounting Fees Paid in Connection with Income (Schedule M) $ Real Estate Taxes Paid (Schedule N) $ Ordinary Repairs Paid (Schedule O) $ Insurance Premiums Paid on Income Property (Schedule P) $ Utilities Paid (Schedule Q) $ Income Distributed (Schedule R) $ Income on Hand (Schedule S) $ Total Credits - Income $ APPENDIX C: EXAMPLE OF STATUTORY FEE COMPUTATION (RULE 11.1003) (Repealed 1/1/05) APPENDIX D: Local Rule 11.1004 Checklist: “Ordinary” Services CEB - California Decedent Estate Practices §30.34 Meeting with the client to review the will and discuss the petition for probate, assets and liabilities, beneficiaries, notices, etc. Preparing Petition for Letters of Special Administration, if ex parte (if contested, extraordinary fees to the attorney for the appointed special administrator may be petitioned for if shown to be beneficial to the estate). Preparing petition for probate and related papers to appoint the representative, including locating the will and beneficiaries. Ordering publication and mailing of Notice of Petition to Administer Estate. Preparing and service Notice to Petition to Administer Estate if in a county where mailing of notice not handled by legal newspaper or if additional beneficiaries discovered and a supplement must be filed. Preparing required supplements or declarations. Preparing separate petition for authority under the Independent Administration of Estates Act. Preparing Petition for Appointment of Successor Representative and Order for Limited Republication. Preparing Inventory and Appraisal. Preparing Petition for Family Allowance (although it is not the representative’s duty to file such a petition, and attorneys’ fees may be billed directly to the nonrepresentative petitioner). Handling debts and creditors’ claims, including acceptance, rejection, and payment (unless disputes arise that require compromise or litigation. Preparing status report under Probate Code Secs. §§12200 - 12205, unless multiple reports are necessary. Preparing petition on interim accounts and reports. Preparing petition for fees. Preparing final account and report and petition for compensation, fees, extraordinary compensation, and final distribution. Preparing required notices. Preparing required attorney orders. Supervising distribution, preparation of receipts of distributees, and discharge of representative. Determining expenses, including local telephone calls, normal postage, and secretarial services.
CHAPTER 11 – CIVIL (PROBATE) RULES PART ONE: GENERAL PROCEDURAL GUIDE RULE 11.101 APPLICABILITY OF RULES TO ALL PROCEEDINGS All rules in this Chapter apply to estate proceedings, guardianships, conservatorships, trusts, minor's compromises, special needs trusts, and "trusts funded by court order" under California Rule of Court 7.903, except as otherwise specifically noted except as otherwise speci
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/local-rules/local-rules-be-effective-july-1-2026.pdf (the court's rule book, “Rules of the Superior Court of California, County of San Luis Obispo, Effective July 1, 2026”, as fetched 2026-10-08; 1342001 bytes, sha256 529d32bded120bc75a274269fb81bc94001fed283619190951cbc84909e80ffe; 144 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 11 to 130, printed 1 to 120): each page's running header (“San Luis Obispo Superior Court”) and printed page number removed as chrome; lines reflowed into the rules' paragraphs; the one struck word in the book (Rule 11.1902(c), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; the body cut at the chapter headings (“CHAPTER N –”), 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, Appendix I (the schedule of fees), Appendix II (the local forms lists) and the index belong to no chapter; Chapters 6, 8, 20, 21, 22, 23, 24 and 29 print only repealed rules and have no card; the book has no Chapter 17. Review note: Rule 11.1902(c) prints “supporting vouchers are and required certifications” with “are” struck through (a redline mark left in the published book, read on the page image); the card reads the rule as amended, “supporting vouchers and required certifications”. The court's Notice of Local Rules Update of October 5, 2026 proposes amendments to Rules 11.102 and 11.1701 effective January 1, 2027 (a review task). Rule 11.109 says the court will strive to post probate notes at least three court days before the hearing; the Probate page (carded) says within a week of the hearing.
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.