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Division Four (Probate Rules; Rules 4.1 to 4.5): required appearances; the Probate Attorney's review and the Pre-Approval List one day prior to the hearing; trial on contested matters (meet and confer no later than fourteen calendar days before trial; trial briefs no later than seven (7) court days before); petitions and status reports filed at least 15 days prior to the hearing; proposed orders and letters by the fifth court day prior; ex parte matters determined on the papers by 2:30 p.m. (temporary conservatorship and guardianship paperwork no later than 10:00 a.m. five (5) court days before the ex parte date); blocked accounts; and the probate referees (Rule 4.1); probate of estates - special administration, petitions for probate (Judicial Council form DE-111), notices, bond waivers, the Inventory and Appraisal (DE-160) within four months, sales of real property and overbids, distribution, and compensation, ordinarily no more than 75% of the statutory compensation before final distribution (Rule 4.2); conservatorships and guardianships - temporary appointments, forty-five (45) days' notice, a $750.00 fee for the Court Investigator and $250.00 for each later investigation or review, independent powers, limited conservatorships, local form SUPPR 1085, accounts, reports, fees, and compensation not exceeding $40 per hour (Rule 4.3); trusts - accounts, petitions under Probate Code § 850 with notice under section 851, and trustee compensation under Estate of Nazro (Rule 4.4); and special needs trusts (Rule 4.5).
California > Sixth Appellate District > Santa Cruz County > Superior Court of California, County of Santa Cruz
DIVISION FOUR - PROBATE RULES Rule 4.1 PROBATE GENERAL RULES Rule 4.1.01 Applicability of Rules Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (Rev. 7/1/91) Rule 4.1.02 Appearances Appearances are required on all petitions for appointment of conservators/guardians, confirmation of sale of real or personal property, modification of a trust, any petition which has objections filed, and minor’s compromises. If counsel does not appear on a matter, cases which are incomplete or questionable will be continued or will be dropped from the calendar, depending on the circumstances. (Eff. 1/1/95) (Rev. 7/1/99) (Rev. 7/1/03) (Rev. 7/1/19) Rule 4.1.03 Probate Attorney's Office (a) Matters appearing on the probate calendar are reviewed by the Probate Attorney prior to the hearing. Parties and counsel may view the Pre-Approval List on the Santa Cruz County Superior Court’s website one day prior to the hearing to determine if an appearance is necessary. The Probate Attorney may initiate contact with counsel or self-represented parties concerning procedural defects by email if an email address is provided on the pleadings. (b) The Probate Attorney can be reached at 831-420-2200 or probate@santacruzcourt.org (Eff. 1/1/95) (Rev. 1/1/96) (Rev. 1/1/99) (Rev. 7/1/03) (Rev. 1/1/08) (Rev. 1/1/09) (Rev. 1/1/11) (Rev. 1/1/19) (Rev. 1/1/22) (Rev. 1/1/24) (Rev. 1/1/25) Rule 4.1.04 Trial on Contested Matters (a) Trial Setting: A contested matter requiring an evidentiary hearing will be set for trial in the probate department. Counsel and self-represented parties are required to provide the Court with reasonable and accurate time estimates for trial. (b) Meet and Confer: No later than fourteen calendar days before the date set for trial, counsel and self-represented parties must meet and confer, in person, in good faith. Although the petitioner has the duty to initiate the meet and confer process, the responding party(ies) must initiate it if the petitioner fails to timely do so. (c) Trial Brief: No later than seven (7) court days before the date set for trial, counsel and self-represented parties shall file trial briefs. The trial brief must contain the following: 1. A complete and concise factual statement of the case; 2. A complete and concise statement of the contested issues; 3. Any points and authorities relevant to a particular contested issue; 4. A list of witnesses that shall include the witness’ name and business address, a brief statement of the substance of the witness’ testimony, and a time estimate for direct and cross-examination; 5. A list of exhibits to be offered at trial; and 6. A reasonable and accurate time estimate for trial. (Eff. 7/1/03) (Rev. 1/1/09) (Rev. 1/1/15) (Rev. 1/1/21) (Rev. 1/1/25) Rule 4.1.05 Correction of an Order If an order has been filed, it can only be amended by court order. Depending on the circumstances, the Court may approve an amended order upon a letter from counsel or may require a verified petition setting forth the basis for the correction and requesting the judge to sign the amended order. Correction of an order shall be in the form of an amended order with all provisions of the original order restated. (Rev. 7/1/91) (Rev. 7/1/99) (Renumbered 7/1/07) Rule 4.1.06 Petitions and Status Reports Except as otherwise specified herein, all petitions and status reports in decedent’s estates must be filed with the Clerk's Office at least 15 days prior to the hearing. A Notice of Hearing on the mandatory Judicial Council form must be submitted at the time of filing of the petition or status report. Proof of Service of the Notice of Hearing must be filed not later than two court days prior to the hearing date. (Rev. 7/1/01) (Renumbered7/1/07) (Rev. 1/1/09) (Rev. 1/1/20) (Rev. 1/1/25) Rule 4.1.07 Orders (a) Proposed Orders and Letters: Except in the case of confirmation of sales and contested matters, counsel shall submit the order, and any proposed letters, not later than the fifth court day prior to the hearing date. Orders shall have the scheduled calendar day, department, and time noted on the face sheet below the title of the document. (b) Form of Orders: All orders must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based. For example, all orders of distribution shall include complete legal descriptions of the real property being distributed. The order shall set forth all matters actually passed on by the Court and the relief granted. (c) Orders in Contested Matters: The attorney or self-represented party preparing a final order following a contested hearing must provide opposing counsel an opportunity to review and approve the proposed order as to form and content before submitting the order to the court for signature. Objections to form or content relating to the proposed order may be made by letter or in pleading form accompanied by a proposed alternative form of order. (Rev. 7/1/01) (Renumbered 7/1/07) (Rev. 1/1/09) (Rev. 1/1/20) (Rev. 7/1/20) (Rev. 1/1/25) Rule 4.1.08 Ex Parte Matters – Probate (a) Ex parte matters are heard Monday - Friday and will be determined on the papers by 2:30 p.m. unless the Court orders otherwise or unless otherwise required by statute. Ex parte petitions for appointment of temporary conservators and ex parte petitions to change the residence of a temporary conservatee require appearance and will be set on the 8:30 a.m. calendar unless the exceptions outlined in Probate Code Section 2250.4 and Section 2253(d) apply. Petitions and motions appropriate for ex parte determination include, but are not limited to, petitions for special administration, petitions for appointment of temporary conservators/guardians, and motions for orders shortening time. Ex parte applications must set forth the justification for such urgent action as required under California Rules of Court Rule 3.1202. (b) For all ex parte applications other than petitions for appointment of temporary conservators/guardians: Counsel or the self-represented petitioner shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte to be determined and submit the paperwork by 10 a.m. the court day before the intended ex parte determination. (c) For ex parte petitions for appointment of temporary conservators/guardians: Counsel or the self-represented petitioner seeking to file an ex parte petition for appointment of temporary conservator/guardian or an ex parte petition to change the residence of a temporary conservatee shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte determination, which date will be based on notice and any court investigation required for the ex parte determination. Once a date is scheduled, the paperwork shall be presented to the clerk’s office as soon as possible but no later than 10:00 a.m. five (5) court days before the ex parte date. A request to expedite the matter may be made if a time urgency exists. (d) Notice to Parties: Unless otherwise provided by statute, notice must be given to the opposing party or their attorney prior to 10:00 a.m. the court day before the ex parte application will be determined by the court. Unless otherwise provided by statute, notice is governed by California Rules of Court Rule 3.1203, et seq. A declaration regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used. (e) Opposition to Ex Parte Request: Objections to the ex parte relief requested shall be submitted to the clerk’s office and served on the party making the ex parte request and any other individuals/entities entitled to notice as soon as possible after notice is received, but no later than 10:00 a.m. the day of the ex parte determination. The objection must be served by personal delivery, fax, or email to the individuals/entities entitled to notice. Proof of service must be submitted with the objection. (f) Request for Appearance at Hearing: If either party requests to appear on the ex parte application or objection, the application or objection must state this request on the face page of the ex parte application and/or opposition. The court will contact the parties to notify them of the date of the ex parte hearing if the reviewing judge grants the request for a hearing with appearances by parties. (Rev. 7/1/03) (Renumbered 7/1/07) (Rev. 1/1/09) (Rev. 7/1/14) (Rev. 1/1/18) (Rev. 1/1/19) (Rev. 7/1/20) (Rev. 1/1/22) (Rev. 1/1/25) (Rev. 7/1/25) Rule 4.1.09 Blocked Accounts (a) A petition and order to place assets in a blocked account shall state that "no withdrawals shall be made without prior Court order". A receipt acknowledged by the financial institution indicating the deposit of cash into a blocked account must be filed with the Clerk's Office within ten (10) days after the date of deposit. (b) A petition for withdrawal of funds may be submitted ex parte. The mandatory Judicial Council form Petition for Withdrawal of Funds From a Blocked Account (MC-357) must be used. (c) Monies in blocked accounts should not exceed the limit of Federal Deposit Insurance Corporation insurance for each individual bank or savings and loan association. The attorney, or petitioner in pro per, shall immediately file an ex parte petition for an order authorizing establishment of additional blocked accounts into which funds exceeding the insurance limit shall be deposited. (d) Petitioners and attorneys should carefully monitor the interest rates being earned on blocked funds. They should strive to earn the maximum amount of interest possible, even if it means obtaining an ex parte order from the Court to remove the funds from one institution to place them in another earning higher interest rates. (Rev. 7/1/01) (Renumbered 7/1/07) (Rev. 1/1/09) Rule 4.1.10 Appointment of Probate Referee The Probate Referees for Santa Cruz County are: (a) Lucia Areias, P.O. Box 205 Capitola, CA 95010 (mail) Old Soquel Plaza 2715 Porter Street, Suite 106 Soquel, CA 95073 (office). Telephone: (831) 431-6031, email: lucialeo@aol.com ; and (b) Brian A. Nicholson, 9020 Soquel Drive, Suite 101, Aptos, CA 95003. Telephone: (831) 684-1045, Fax: (831) 684-1062, email: probatereferee@nicholsonco.com . Lucia Areias will be assigned to all odd-numbered matters and Brian Nicholson will be assigned to all even-numbered matters. (Rev. 1/1/96) (Rev. 1/1/06) (Renumbered 7/1/07) (Rev. 1/1/13) (Rev. 1/1/16) (Rev. 7/1/17) (Rev. 8/1/17) (Rev. 7/1/18) (Rev. 1/1/22) Rule 4.1.11 Supporting Documents All supporting documents and a proposed order must be submitted at least five (5) court days prior to the hearing. In the event that procedural defects or other problems are noted by the Probate Attorney, documents remedying such defects must be filed by 11:00 a.m. on the day before the hearing. (Eff. 7/1/99) (Rev. 1/1/09) (Renumbered 7/1/17) (Rev. 1/1/19) Rule 4.2 PROBATE OF ESTATES Rule 4.2.01 Letters of Special Administration Petitions for Letters of Special Administration, Judicial Council form DE-111, ordinarily will not be granted on less than 24 hours' notice to the surviving spouse, the person nominated as executor, all individuals and organizations listed in the petition, and any person the Court determines to be entitled to notice. In making the appointment, preference is given to the person entitled to letters, but if it appears that a contest exists, the Court may appoint a neutral person or corporation as special administrator. (Rev. 7/1/91) (Rev. 1/1/25) Rule 4.2.02 Petitions for Appointment (a) When a Petition for Probate of a Will or Codicil, Judicial Council form DE-111, is filed, the original of the document being offered for probate shall whenever possible be filed prior to or concurrently with the petition. If the will or any part thereof is handwritten, an exact typewritten copy of the handwritten portion must also accompany the petition. (b) If the will is in a foreign language, a translation by an expert shall be submitted at the time of filing the Petition for Probate, Judicial Council form DE-111. An affidavit as to the expertise of the translator shall accompany the translation. (c) Petitions for Probate of Lost Wills, Judicial Council form DE-111, must clearly state on their face that the will is lost and both the published and mailed notice must so state. Evidence will be required to overcome the presumption of revocation under Probate Code § 6124. In those cases where there is no copy of the will, the Petition for Probate, shall include a written statement of the testamentary words or their substance. (d) Attachment 8 must clearly identify the relationship of lineal descendants to predeceased heirs and beneficiaries. (Rev. 7/1/01) Rule 4.2.03 Declination of Executor If a nominated executor declines to act, a signed declination must be filed prior to the hearing date. (Eff. 1/1/95) Rule 4.2.04 Duties and Liabilities of Personal Representative Duties and Liabilities of Personal Representative, Judicial Council from DE-147, must be filed with the Court before the hearing of the Petition for Probate. The Judicial Council form, Confidential Supplement to Duties and Liabilities of Personal Representative DE-147(S), is not required to be filed. (Rev.7/1/01) (Rev. 1/1/09) Rule 4.2.05 Consent of Representative(s) Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, consent to serve as personal representative must be filed for each proposed personal representative. (Rev. 1/1/91) (Rev. 7/1/03) (Rev. 1/1/09) Rule 4.2.06 Notices (a) Publication: The Clerk DOES NOT handle the mailing and publication of notices. The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, Judicial Council form DE-111. (b) Defective Notice: 1. Publication Correct but Mailing Defective: The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required. 2. Mailing Correct but Publication Defective: The hearing will normally be continued to allow time for new notice to be given by publication and mailing. (c) In a Petition for Probate of a Will, all persons and organizations named in the will or codicils shall be listed in the appropriate attachment and noticed. (d) If the decedent had no known heirs, or heirs of a predeceased spouse pursuant to Probate Code § 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs. (e) All Petitions for Probate filed prior to the issuance of letters must be noticed pursuant to Probate Code § 8100 et seq. including publication. (f) A petition for appointment of a successor personal representative does not require a Notice of Petition to Administer Estate. Notice shall be given in the manner provided in Probate Code § 8100, et seq. Publication is not required. (Rev. 7/1/01) (Rev 7/1/03) (Rev. 1/1/09) (Rev. 1/1/20) Rule 4.2.07 Bond Waivers If written waivers are filed with the Court, bond may be waived by the Court pursuant to Probate Code § 8481, provided all heirs or beneficiaries are competent to act. If any such persons are incompetent (e.g., minors), an appropriate representative must waive bond on their behalf. (Rev. 7/1/01) (Rev. 1/1/09) Rule 4.2.08 Inventory and Appraisal An Inventory and Appraisal, Judicial Council form DE-160, must be filed within four months from when Letters are issued to the general Personal Representative. The Court will set a date for proof of filing the Inventory and Appraisal at the time the Order for Probate is granted. This proof date will not require an appearance in court. Compliance will be determined by the Clerk’s Office. The Inventory and Appraisal must be filed five court days prior to the date set for proof of filing. If the Inventory and Appraisal is not timely filed, the Clerk’s Office will set an Order to Show Cause hearing at which the personal representative and/or counsel will be required to appear and explain why the Inventory and Appraisal has not been timely filed. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) (Rev. 1/2/22) Rule 4.2.09 Continuances Matters set by the Court, such as compliance hearings and status hearings, can be continued only by the judge in open court on the date originally set. Continuances for these matters can be requested in writing by filing a formal declaration with the Court ten court days before the hearing. (Renamed and Rev. 1/1/09) Rule 4.2.10 Sale of Real Property (a) A copy of the contract of sale shall be attached to the petition for confirmation of sale. (b) Petitions for confirmation of sales of real property, Judicial Council form DE-260/GC-060 Report of Sale and Petition for Order Confirming Sale of Real Property, shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition. (c) Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditioned upon closing of a sale of the un-owned fraction. The other fractional owner(s) shall be noticed of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid. (d) Overbids: All overbids in open court must be in writing before the Court will accept the offer and grant the sale. (e) Reappraisals: When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale must be filed with the Court before the confirmation hearing can proceed. Reappraisals must be made by the probate referee unless the Court has waived appointment of the referee. The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property: 1. The appraised value as of the date of death. 2. The appraised value as of the date of the appraisal. (f) Cash deposit on bids for real property: Bids for the purchase of real property must be accompanied by a minimum of ten percent of the amount bid. When an overbid is made in court, the bidder must submit cash, money order, or certified check at the time of the hearing in the amount of ten percent of the minimum overbid. (Eff. 1/1/91) (Rev. 7/1/99) (Rev.7/1/03) (Rev. 1/1/09) Rule 4.2.11 Petitions for Instructions A petition for instructions is appropriate only when no other procedure is provided by statute. The petition should clearly describe the instructions requested to be approved. For example, the Court will not determine the manner in which an estate should be distributed on a petition for instructions. Such direction can only be obtained by a petition for distribution or by a petition to determine persons entitled to distribution. (Eff. 1/1/91) (Rev. 7/1/99) (Rev. 1/1/22) Rule 4.2.12 Petitions for Distribution (a) Ex Parte Preliminary Distribution Petitions: Ex parte petitions for distribution must set forth the justification for such urgent action as required under California Rule of Court 3.1201. (b) Description of Assets: Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable. This applies to preliminary and final distributions with or without an accounting. If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference. (c) Specifically Bequeathed Property: If specifically bequeathed property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact. (d) Description of Distributees: The names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution. (e) Allegations re Health Care Benefits: The first report of administration of a decedent's estate must contain allegations either that notice of decedent's death has been provided to the Director of Health Services required by Probate Code §§ 9202 and 215 or that no such notice is required. (f) Distribution to Intestate Heirs: The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of interstate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death. (g) Interest on General Pecuniary Legacies: The Court will strictly enforce Probate Code § 12003 and will order payment of interest at the statutory rate on all general pecuniary legacies not paid within one year from the date of decedent's death unless payment of interest is waived in the will. Attorneys are responsible for determining the correct rate and computing the amount of interest. (h) Payment of Taxes: The petition for final distribution must address the question of the source of the payment of the federal estate tax if any. If prorated, the final report must show the computation and the order for final distribution must include the proration. All persons sharing the tax obligation shall be given notice of the hearing on the petition. (i) Allegation re Character of Assets: The petition for distribution must contain an allegation as to the separate or community character of the property. (j) Closing Expenses: When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof. (k) When there is insufficient cash in the estate to pay the statutory attorney's fees, the petition shall address the method of payment of the fees (e.g., via a lien on real property, or pursuant to outside agreement between the attorney and all residual beneficiaries, etc.). There shall be sufficient evidence to indicate that all beneficiaries affected are aware of the arrangement. (Rev. 7/1/01) (Rev. 7/1/03) (Rev. 1/1/09) (Rev. 1/1/13) (Rev. 1/1/22) Rule 4.2.13 Final Discharge The "order" portion of the Judicial Council form DE-295, Ex Parte Petition for Final Discharge and Order shall be completed in full except for the date and name of the judge. (Eff. 1/1/91) Rule 4.2.14 Removal of a Personal Representative With the petition for removal, the petitioner shall submit a proposed order directing the clerk to issue a citation. The petitioner shall also submit the citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and letters revoked. (Eff. 1/1/91) (Rev. 7/1/01) Rule 4.2.15 Compensation of Personal Representatives and Attorneys in Probate Estates (a) Allowance on account of statutory compensation in advance of final distribution must be in accordance with the work performed. Ordinarily, no more than 75% of the statutory compensation will be allowed before approval of final distribution. In the Court’s discretion, the full amount may be allowed where the estate or heirs will benefit (e.g., to reduce income taxes) or where ordinary services have been completed and final distribution is delayed only in order to perform extraordinary services. (b) The Court may deduct from the personal representative's statutory commission any sums paid from estate funds for the performance of the representative's ordinary duties. (c) Community Property Election: 1. If both halves of the community property are properly included in the probate proceeding, statutory compensation calculated on both halves of the community property will be allowed. 2. In cases in which only one-half of the community property is subject to probate, compensation for ordinary services may only be based upon the value of that part of the community property which is subject to probate. (d) Extraordinary Services: 1. Ordinarily, compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the Court. 2. Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include the information specified in California Rule of Court 7.703 (e) Sales of Real Property: In determining the compensation of an attorney for extraordinary services rendered with respect to real property sales, the Court will consider the amount of time involved, whether or not a real estate broker was employed, the involvement of the attorney in negotiations, the nature of other services rendered (e.g., drafting of the sales agreement and its complexity, preparation of deeds and other documents) and other similar information. In cases where there is a confirmation of sale hearing, the Court will consider $1,000 to be reasonable compensation. If that amount is requested, detailed information as to services rendered will not be required. This guideline only applies to attorneys' compensation; however, a personal representative may also request compensation for extraordinary services in regard to sales of real property. (f) Preparation of Federal Estate Tax Return: In determining the compensation of a personal representative or an attorney for the preparation of a federal estate tax return, the Court will ordinarily consider the hours spent, the intricacy or peculiar nature of any of the issues or computations involved, the extent of any audit, the value of the gross estate, the amount of tax and other similar information. If neither the personal representative nor an attorney provides the Court with such information the Court will assume that the sum of $1,000 is a reasonable amount for the preparation of the federal estate tax return. (g) Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described. (h) Extraordinary Compensation When Statutory Compensation Exceeds $20,000: Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceeds the amounts of Local Rule 4.2.15 subsection (e) or (f) above, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 7/1/03) (Rev. 1/1/09) Rule 4.2.16 Accounts and Reports of Executors and Administrators (a) Notation of omitted schedules: Where a particular schedule is unnecessary, it need not be included, and that fact must be noted in the Summary of Account with the word “none” in the blank provided for the total from the schedule. (b) Contents of account: The account and report must contain the following material: 1. The beginning and ending dates of the account. 2. A detailed description of all receipts and all disbursements of the fiduciary. 3. An explanation either in the account, or in the report accompanying the account, for any item that is not self-explanatory. 4. Receipts indicating the date of receipt, the source of the payment, and the amount. Each receipt from a source that pays more frequently than once a year must be described; a lump sum amount is not permissible. 5. A description of all disbursements indicating the date of the expenditure and the nature of the expense, its purpose, and the amount. (Eff. 1/1/09) (Rev. 1/1/13) Rule 4.3 CONSERVATORSHIPS AND GUARDIANSHIPS Rule 4.3.01 Court Investigation Agency [REVOKED] (Effective 1/1/91) (Revised 7/1/01) (Revised 1/09) (Revoked 7/1/16) Rule 4.3.02 Temporary Conservatorships and Guardianships (a) The Petition for Appointment of a Temporary Conservator, Judicial Council form GC-111, or Petition for Appointment of a Temporary Guardian, Judicial Council form GC-110 or GC-110(P), may be filed with or after the filing of a petition for a general conservator /guardian. The petition must state facts establishing the urgency requiring the appointment of the conservator or guardian (e.g., situations requiring immediate action to protect the health, welfare or the estate of the proposed conservatee/ward). Notice shall be given as set forth in Probate Code § 2250(e), unless the Court for good cause otherwise orders. A temporary conservator/guardian will be appointed without notice only in emergency situations. (b) If the attorney is informed that the Petition for Appointment of a (general) Probate Conservator, Judicial Council form GC-310, will be contested, all known potential objectors must be given at least 24 hours’ notice of the time and place the Petition for Appointment of the Temporary Conservator will be presented unless the Court for good cause waives this requirement. (c) Ordinarily the Court will require a bond or a blocked account for temporary conservators/guardians of the estate. (d) Good cause must be shown for special powers to be granted without a hearing. If special powers are sought, they must be specified in the petition and supported by factual allegations. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) (Rev. 1/1/25) Rule 4.3.03 Petitions for Appointment of Conservators/Guardians Unless a temporary conservator or guardian has been appointed, forty-five (45) days’ notice is required on all petitions for appointment. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09) Rule 4.3.04 Assessments (a) A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b). (b) Assessments are charged to the conservatee’s or ward’s assets and shall be paid to Superior Court, 701 Ocean Street, Room 110, Santa Cruz, CA 95060. (c) All assessments must be paid before the Court will sign an order settling the final account. All previous waivers of assessments will be reviewed at that time to determine the ability to pay. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 7/1/14) Rule 4.3.05 Independent Powers If independent powers under Probate Code §§ 2590 and 2591 are requested, an attachment to the petition shall specify the powers and the reasons requiring the powers requested. Only those powers necessary and proper shall be granted. The same powers must be attached to the proposed order or letters. (Eff. 1/1/91) (Rev. 1/1/09) Rule 4.3.06 Limited Conservatorships (a) If the proposed conservatee is a developmentally disabled person (Probate Code § 1420), a Petition for Limited Conservatorship, using Judicial Council form GC-310, is mandatory. However, pursuant to Probate Code § 1828.5(d), upon investigation, the Court may find that a general conservatorship (as opposed to a limited conservatorship) is appropriate. (b) Appointment of counsel for a proposed limited conservatee is mandatory. To avoid continuance or delay an ex parte application and order for appointment of counsel should be filed prior to the hearing. If a Public Defender is requested, facts in the application must assert the proposed conservatee's financial inability to obtain private representation. (Eff. 1/1/91) (Rev. 1/1/09) (Rev. 1/1/13) (Rev. 1/01/19) (Rev. 1/1/25) Rule 4.3.07 Local Forms Required In every conservatorship, local form SUPPR 1085 Referral to Court Investigator CONFIDENTIAL and applicable attachments must be filed with the initial petition for appointment. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09) (Rev. 7/1/15) (Rev. 7/1/17) (Rev. 7/1/18) (Rev. 7/1/20) Rule 4.3.08 Declaration Under UCCJEA In any guardianship of the person a Declaration under the Uniform Child Custody Jurisdictional and Enforcement Act, Judicial Council form GC-120, shall be filed with the petition for appointment and at any time there is a change of address of the minor. (Eff. 1/1/91) (Rev. 1/1/09) (Rev. 7/1/16) Rule 4.3.09 Conservatee's Mental Capacity A proposed conservatee, who has made a nomination and/or waived the requirement of a bond, must prove to the Court that they have the capacity to understand the nature and significance of such actions. This may be done by oral representation at the hearing for appointment. A statement by counsel that the conservatee is present and does not object is not sufficient. This also applies where the proposed conservatee is the petitioner. (Eff. 1/1/91) (Rev. 1/1/24) Rule 4.3.10 Guardianship Funds for Support of Minor In all cases where it is intended that guardianship funds be used for the ordinary expenses of supporting a minor and there is a parent living who has the obligation to support the minor, the guardian shall obtain Court approval prior to the expenditure of funds for that purpose (Probate Code § 2422). A petition for authority to expend such funds must be presented in a separate petition, containing a detailed explanation, including financial statements, of the parents’ inability to support the child. (Eff. 1/1/91) (Rev. 1/1/09) Rule 4.3.11 Inventory and Appraisal Required An Inventory and Appraisal, Judicial Council form GC-040, shall be filed in all cases where there is a conservatorship or guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code § 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate and state who has possession of any assets. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09) Rule 4.3.12 Review Hearing for Inventory and Appraisal and for Accountings The Inventory and Appraisal, Judicial Council form GC-040, is due 90 days from appointment of the conservator or guardian. A proof of filing date will be set at the time of the appointment to confirm that the documents have been filed. A review hearing to monitor the timely filing of the first and subsequent accountings will also be set from the time of the initial appointment. No appearance is required for the proof of filing dates of the Inventory and Appraisal or for proof of filing of accountings. However, if the Inventory and Appraisal or accounting is not timely filed the Clerk’s Office will set an order to show cause hearing at which time sanctions or surcharges may be imposed for failure to timely file the required documents. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) Rule 4.3.13 Separate Accounting for Several Minors When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable. (Eff. 1/1/91) Rule 4.3.14 Successor Conservator/Guardian (a) The petition for a successor conservator/guardian shall be submitted on the same form approved by the Judicial Council for initial petitions; GC-210, GC-210(P), GC-310. (b) Successor conservators/guardians of the estate shall file an accounting one (1) year after the successor appointment date and thereafter at least biennially. (Eff. 1/1/91) Rule 4.3.15 REVOKED 7/1/99 Rule 4.3.16 REVOKED 7/1/99 Rule 4.3.17 Accounts in Guardianship Proceedings (a) Frequency of accounts 1. Guardianship accounts must be filed after the first anniversary of the establishment of the guardianship and biennially thereafter. The account must be filed within 60 days after the anniversary date. 2. Successor guardians must file an accounting one year after the successor appointment date and biennially thereafter. (b) Presence of ward is necessary if final account waived The Court ordinarily will not approve a ward’s waiver of the final account unless the ward is present at the time of hearing and competent to answer questions by the court. (c) Reports accompanying accounts In addition to the contents required by Probate Code § 1064, the report accompanying an account must contain the following: 1. A statement of the age, health, and the present address of the ward. 2. If income producing property is inventoried in the guardianship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report; 3. Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or the processing of any documents related to a guardian; 4. Whether any personal property has been sold at a private sale, rented or leased to any court employee, who has duties or responsibilities related to the appointment of a guardian or any processing of any documents related to a guardian; 5. Whether the guardian, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and 6. Whether the guardian has sold, leased, or rented any real or personal property to any person with whom the guardian has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2). (Eff. 1/1/09) (Rev. 1/1/24) Rule 4.3.18 Waiving of Accounts (a) Pursuant to the provisions of Probate Code § 2628, the Court may waive the requirement of an accounting. Any prior grant of independent powers will be reconsidered at that time and should be addressed by the petition. The petition must allege whether the conservatee or minor (over the age of 12) is aware of the request and agrees to the waiver. (b) If the conditions of Probate Code § 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code § 2628(a) are no longer applicable. This must be explicitly set forth in the order. The petitioner must nevertheless continue to keep accurate records in order to prepare any accounts which may be required under Probate Code §§ 2628(b) and (c). (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09) (Rev. 7/1/17) Rule 4.3.19 Reports Accompanying Accounts in Conservatorships In addition to the contents required by Probate Code § 1064, the report accompanying a conservatorship account must contain the following: (a) The present address of the conservatee; (b) If income producing property is inventoried in the conservatorship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report; (c) Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator; (d) Whether any personal property has been sold at a private sale, rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or any documents related to a conservator; (e) Whether the conservator, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and (f) Whether the conservator has sold, leased, or rented any real or personal property to any person with whom the conservator has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2). (Eff. 1/1/09) (Rev. 1/1/24) Rule 4.3.20 Termination of Conservatorships and Guardianships (a) Investigation Reports: When the conservatorship/guardianship is being terminated for reasons other than death or attaining the age of majority, a hearing must be set at least forty-five (45) days in advance in order to allow time for an investigation report. (b) Notice: Notice must be given to a former minor or conservatee on the settlement of the final account. Notice must also be given to the representative of a deceased ward or conservatee. If the representative of the estate is the same person as the guardian or conservator or if there is no such representative, notice must also be given to the heirs or devisees of the deceased ward or conservatee. (c) Discharge of a guardian: Discharge of a guardian will not be made in the order settling final account. A separate Petition and Order for Final Discharge, Judicial Council form GC-395, must be submitted together with the receipt executed by the former minor. The petition must state the date on which the minor reached majority. A guardian is not entitled to a discharge until one year after the minor has attained majority. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) (Rev. 1/1/11) Rule 4.3.21 Fees and Commissions (a) The Court will evaluate the services as a whole rather than designate part of the services as "ordinary" and part of the services "extraordinary". Fee requests must comply with California Rule of Court 7.751. (b) Attorney Fees: In determining the reasonable attorney's fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the Court, the Court will require compliance with Business & Professions Code § 6148 as follows: 1. In any such matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees will exceed one thousand dollars ($1,000), there should be a written contract between the attorney and client for services in the matter containing all of the following: a. The hourly rate and other standard rates, fees and charges applicable to the matter. b. The general nature of the legal services. c. The respective responsibilities of the attorney and the client as to the performance of the contract. 2. Such a written contract will not be required in any of the following situations: a. Services are rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical. b. An arrangement as the fee implied by the fact as previously rendered to and paid for by the client. c. If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required. d. If the client is a corporation or a public entity. 3. In any guardianship, conservatorship or trust within the jurisdiction of the Court where there is no such written contract reasonable attorney's fees will be determined by the Court using hourly rates that are customary in Santa Cruz County. 4. In any case, attorney's fees may be denied or reduced below reasonable or contractually agreed amounts if the Court determines that the services have not been performed in an efficient, timely or competent manner. 5. Only legal fees for counsel appointed by the Court to represent the conservatee may be approved and included in the Order Appointing Conservator, Judicial Council form GC-340. 6. Where an attorney is the fiduciary and is a member of a law firm, attorneys' fees will not be allowed unless a declaration is executed by the fiduciary agreeing that the fiduciary will not share in the attorneys' fees to be received by the firm. When the court is to approve or review reasonable attorney fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the Court copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b). (c) Conservator or Guardian Commissions: 1. In the event the attorney has performed bookkeeping and other services for an individual fiduciary, the Court may award the fiduciary's attorney a larger compensation and the individual fiduciary a lesser compensation. 2. Ordinarily, reasonable compensation for guardians and conservators who are not private professional fiduciaries shall not exceed $40 per hour. (d) The fiduciary may employ tax counsel, accountants or other tax experts for the preparation of tax returns and for other tax related services and pay from the funds of the estate for such services. The Court may deduct from the fiduciary's commission any sums paid from estate funds for performance of the fiduciary's duties such as ordinary accounting and bookkeeping services. (Rev. 7/1/01) (Rev. 7/1/03) (Rev.1/1/09) (Rev. 7/1/19) Rule 4.3.22 Registration of Private Professional Conservator (a) Registration information required: Any petition to appoint a conservator filed by a private professional conservator must include State of California registration numbers and the date of registration. No petition by a private professional conservator will be heard unless they are currently registered with the State. Any private professional conservator must comply with all California state licensing requirements before being appointed in Santa Cruz County. (b) Disclosure of other proceedings required: The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Santa Cruz County or any other jurisdiction, where orders have been issued or are sought to be issued which in any way affect the ward or conservatee that is the subject of the proceedings in Santa Cruz County. (Eff. 1/1/09) (Rev. 7/1/16) (Rev. 1/1/24) Rule 4.3.23 Consent of Conservator(s) Where a petition seeks the appointment as conservator of one or more persons other than the petitioner, a consent to serve as conservator must be filed for each proposed conservator. (Eff. 1/1/13) Rule 4.4 TRUSTS Rule 4.4.01 Accounts filed by trustees must conform to the requirements of Local Rule 4.2.16 (Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09) Rule 4.4.02 Contents of First Account The first account filed must clearly reconcile the amount first chargeable with the decree of distribution of the estate from which the property was received. (Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09) Rule 4.4.03 Description of Principal and Income Receipts and disbursements must be allocated between principal receipts and disbursements and income receipts and disbursements. (Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09) Rule 4.4.04 Frequency for Filing Accounts Trustees must file accounts at least annually. The fact that an account covers more than a one year period of time will not constitute grounds for deviation from any of the normal requirements of an account. (Eff. 1/1/09) Rule 4.4.05 Service on Beneficiaries When Power Sought is Not Conferred When the trustee seeks instructions to exercise a power not conferred by the will, a copy of the petition must be served by mail on all beneficiaries. (Eff. 1/1/09) Rule 4.4.06 Bond for Trustee Trustees appointed by the Court are subject to the same rules as personal representatives pertaining to the posting of bond. (Eff. 1/1/09) Rule 4.4.07 Petition for Confirmation of Trust Assets Pursuant to Estate of Heggstad and pursuant to Probate Code § 850. (a) Copies of all testamentary instruments shall be attached to the petition. (b) Copies of pertinent and current documents of title to the assets in question shall be attached to the petition. Petitioner shall obliterate confidential information such as social security numbers before attaching the document to the petition. (c) Any Petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice pursuant to Probate Code section 851. (d) For any Petition under Probate Code section 850(a)(3)(B), the parties entitled to notice pursuant to Probate Code section 851(b) shall include the following: 1. The parties entitled to notice under Probate Code section 851(b)(1) shall include the following: a) If a will and any codicil has been conclusively admitted to probate in the State of California within the meaning of Probate Code sections 8226 and 8007, to all beneficiaries mentioned in that will and codicil. b) If a court in the State of California has ordered appointment of an administrator and if the later of the following time periods has elapsed: (1) one hundred twenty (120) days after such appointment of administrator and (2) sixty (60) days after proponent of a Will first obtains knowledge of the Will, to all heirs at law. c) If a court in the State of California has made an order determining entitlement and the order is final within the meaning of Probate Code section 11705, to all heirs or beneficiaries identified in the order. d) If none of (a) or (b) or (c) applies, then to all beneficiaries mentioned in every known Will, whether admitted to probate or not, to all beneficiaries mentioned in every known Codicil, whether admitted to probate or not, and to all heirs at law. 2. The parties entitled to notice under Probate Code section 851(b)(3) shall include each person listed in section 17203. (e) For any Petition under Probate Code section 850 that concerns a lease of land held by the Bureau of Indian Affairs, the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the Bureau of Indian Affairs. (f) For any Petition under Probate Code section 850 that concerns an asset which is subject to the Employee Retirement Income Security Act (ERISA--29 USC sections 1001 et seq.) and which is held by an institution defined in Probate Code section 2890(c) or by a financial institution defined in Probate Code section 2892(b), the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the financial institution. (Eff. 7/1/01) (Renamed & Renumbered 1/1/09) (Rev. 1/1/13) (Rev. 1/1/20) Rule 4.4.08 Trustee Compensation Compensation for the trustee will ordinarily be allowed as provided in the governing instrument unless the Court fixes a greater or lesser amount pursuant to Probate Code § 15680(b). If the instrument is not specific, the Court will establish reasonable compensation as follows: (a) Requests for trustee fees must be supported in the petition or in a separate verified declaration stating the nature, necessity, success, cost in time, detail of services performed, the value of the services believed to warrant additional fees, and the amount requested. Mere recitation of time spent, without more, is not adequate. In making this determination the criteria set forth in Estate of Nazro (1971) 15 Cal.App.3d 218 shall be applied. Estate of Nazro (1971) 15 Cal.App.3d 218 states the following applicable criteria: 1) the gross income of the estate; 2) the success or failure of the administration of the fiduciary; 3) any unusual skill or experience that the fiduciary in question may have brought to the work; 4) the fidelity or disloyalty displayed by the fiduciary; 5) the amount of risk and responsibility assumed; 6) the time spent in carrying out duties; 7) the custom in the community as to allowances by settlors or courts, and as to charges of corporate fiduciaries; 8) the character of the work performed, i.e., whether routine or involving skill or judgment; 9) the fiduciary's estimate of the value of their own services. (b) The court has discretion to require further justification for all trustee fees. Although the court will, as a general guideline, allow a fee of one percent (1%) of fair market value, of the ending value, per annum, court approval must nevertheless first be obtained in all instances where the amount of compensation is not expressly authorized in the trust instrument. Mere recitation of one percent (1%) guideline is not sufficient. Trustees who base their requests for compensation on this guideline shall include a second column in the accounting which shall indicate the fair market value of each trust asset next to the carry value. (c) This Rule only applies under the following circumstances: (1) a court-supervised trust; (2) a Petition under Probate Code section 17200 requesting that the court fix or allow payment or review the reasonableness of the trustee’s compensation; or (3) when the trustee is seeking the protection offered by court approval. (Eff. 7/1/01) (Renumbered 1/1/09) (Rev. 1/1/20) (Rev. 1/1/24) (Rev. 1/1/25) Rule 4.4.09 Attorney Fees Compensation for attorney for the trustee will ordinarily be allowed as provided in the governing instrument. If the instrument is not specific, the Court will establish reasonable compensation, based on a detailed description of the services rendered, their necessity, benefit to the estate, expertise required, time expended, and hourly rate. Copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b). (Eff. 7/1/01) (Renumbered 1/1/09) (Rev. 7/1/19) Rule 4.4.10 Consent of Trustee Where a petition seeks the appointment as trustee of one or more persons other than the petitioner, consent to serve as trustee must be filed for each proposed trustee. (Eff. 1/1/13) Rule 4.5 SPECIAL NEEDS TRUSTS Rule 4.5.01 General Procedures for Special Needs Trusts (a) Establishment of special needs trusts in Santa Cruz County: If a special needs trust is included as part of a minor’s compromise or other judgment entered in Santa Cruz County, the following procedures shall be followed: 1. A petition to approve the terms of the special needs trust shall be filed in the probate or civil action. The petition shall include the complete terms of the proposed trust. 2. Once so approved and signed, a copy of the fully executed special needs trust instrument and a copy of the order approving the trust shall be filed in the county in which the trust is to be administered pursuant to that county’s procedures. In Santa Cruz County, the trust shall be filed in a separate file and assigned a probate case number. No filing fee shall be charged for said filing if the trust instrument is the result of a petition filed to approve a minor’s compromise claim per Probate Code section 3600 et seq. (Gov. Code, § 70655.) 3. The party filing the special needs trust instrument per subsection (2) shall file a notice in the civil action file or the minor’s compromise file indicating the county in which the trust is being administered and the case number assigned to the probate file containing the special needs trust. (b) Transfer of special needs trusts into Santa Cruz County: Whenever a special needs trust is transferred into Santa Cruz County and the court file being transferred does not contain a copy of the fully executed special needs trust instrument, the trustee shall provide the court with a copy of the fully executed trust document within 90 days after the court file is received by Santa Cruz County. (Eff. 7/1/19) (Rev. 1/1/23) Rule 4.5.02 Accountings and Reports of Special Needs Trusts (a) Expenditures on behalf of beneficiary In all accountings for special needs trusts, the trustee shall provide an explanation of any unusual or extraordinary expenses incurred by the trustee on behalf of the beneficiary. These include, but are not limited to, payment of all expenses associated with real property partially owned by the trust, payment of automobile insurance for a vehicle not owned by the trust, acquisition or maintenance of assets not ordinarily used by a beneficiary with the beneficiary’s type of disability, and so forth. (b) Hiring of agents The court acknowledges that trustees of special needs trusts often hire agents to advise them concerning the administration of the special needs trusts and the provision of services to the beneficiary. A trustee hiring such an agent shall specify in any report or accounting seeking approval of payment to said agent the type of and need for the services provided by the agent. The trustee shall also include a declaration from the agent concerning the hours spent working with the trustee and the amount of compensation sought. (c) Parents as caregivers to child as beneficiary In an account or report indicating that a parent was hired to provide caregiver services to their child, the trustee shall provide the following information: 1. A description of the services rendered by the parent that are above and beyond the care normally provided by a parent to a child. 2. A description of the special skills possessed by the parent enabling them to perform these services. 3. The benefit to the beneficiary of having the parent perform the services instead of a professional caregiver. 4. The hours worked by the parent. 5. The hourly rate being paid to the parent and a justification of that rate. Justification may include a comparison to the rate charged by a professional for the same or similar services. 6. Whether caregiving services are being provided through IHSS and if so, the frequency and type of the services provided. 7. Whether insurance is in place to cover the caregiver parent in case of injury and if so, the amount of the periodic premium being paid by the parent or the trust. (Eff. 7/1/19) (Rev. 1/1/24) Rule 4.5.03 Compensation of Conservator from Trust If a conservatee is also the beneficiary of a trust and the compensation of a conservator of the person or estate, or their attorney, is sought from the trust in part or in whole, the conservator shall first seek approval of the compensation in the conservatorship matter. The petition shall include a declaration by the trustee as to whether there are sufficient funds in the trust to allow for the compensation sought. If the conservatorship of the estate has sufficient funds to pay for the requested compensation, the conservator shall explain why compensation is sought from the trust and not the estate. A trustee shall not pay a conservator’s compensation without a court order approving said compensation by the judge assigned to hear the conservatorship matter. This rule shall apply only to court supervised trusts. (Eff. 7/1/19) (Rev. 1/1/24) (Rev. 1/1/25)
DIVISION FOUR - PROBATE RULES Rule 4.1 PROBATE GENERAL RULES Rule 4.1.01 Applicability of Rules Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (Rev. 7/1/91) Rule 4.1.02 Appearances Appearances are required on all petitions for appointment of conservators/guardians, confirmation of sale of real or persona
Reviewer note: Composed 2026-10-07 (California T4 Santa Cruz build 2026-10-07) from BenchPath custody ca/t4/ca-santa-cruz/docs/local-rules/santa-cruz-superior-court-local-rules-court-july-1-2026-final.pdf (1421611 bytes, sha256 a997ec993bbbd5c2534a1f92b30961a0c2586b4bbd601a165d1ba05a75622910; 175 pages; this division's rules are pages 65 to 93) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California; County of Santa Cruz; Local Rules July 1, 2026) and the page numbers removed as chrome; the cover, the navigation note, the table of contents, Appendix A (the list of rules with their histories), Appendix B (the list of local forms) and the index belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The book prints its list labels as images: 149 labels set before the lines they label from their placements on the pages (build/labels.py; each placement labelled once, the composer's characters unchanged). Documented layout fixes (read on the page; the proofs hold): history notes printed on two lines set as one paragraph each; form numbers hyphenated at a line end joined (“DE-260/GC-060”, “GC-111”); the first lines of Rule 4.1.08(c) and Rule 4.3.17(c) set on their own lines; the inline “3)” of Rule 4.4.08's Estate of Nazro criteria joined to its sentence. Review note: The list labels (“(a)”, “1.” ...) print as images in the rule book, not as text; each is set before the line it labels from its placement on the page (build/labels.py; every placement in the division labelled once). Published as printed: Rule 4.1.06's history “(Renumbered7/1/07)”; Rule 4.2.04 “Judicial Council from DE-147”; Rule 4.2.12(f) “the laws of interstate succession”.
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.