Loading…
Section 15 (Rules 15.01 to 15.20): guardianship petitioners to serve all named respondents with a blank form GC-215, Objection to Petition for Appointment of Guardian, and file proof of service within sixty (60) days (15.01); the caption of a petition all-inclusive as to the order sought (15.02); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by them personally, not by the attorney unless CCP section 446(a) authorizes it (15.03); a copy of the petition served with each notice of hearing on a person requesting special notice, and on all interested parties where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810 (15.04); a proposed order for every petition, worded so that its general effect may be determined without reference to the petition (15.05); orders and affidavits of publication filed or lodged at least three court days before the hearing (15.06); an order for family allowance limited to six months without an inventory and appraisement and to one year with one, the court discourages requests for retroactive payment (15.08); ordinarily no more than 75% of the statutory compensation allowed before final distribution, the community property election, compensation for extraordinary services ordinarily not allowed before the final accounting has been approved, $750.00 reasonable compensation for a real property sale with a confirmation of sale hearing and a reasonable amount for the preparation of the federal estate tax return, and costs separately stated (15.09); a petition for final distribution to contain the assets on hand, each heir's entitlement, the computation of the fees and commissions, a statement on taxes, the schedule of claims, the terms of any testamentary trust in full, an itemization of costs, separate and community property, any assignment of interest, a distribution to a trust, a minor or an incompetent (15.10); in accounts the original Summary of Account and Detailed Schedules filed, the supporting documents, including every account statement, lodged in a guardianship or conservatorship, within 90 days of the close of the accounting period (15.11); a verified petition to establish the fact of death with the instrument and the death certificate attached, and no request for attorney fees (15.12); a hearing date no later than one month after the anniversary date of every order appointing a guardian, the clerk to mail form GC-251, no appearance if the report is filed (15.14); probate and guardianship tentative rulings posted on the court's website (15.15); attorney fees in guardianships, conservatorships and trusts - a written contract when the expenses will exceed $1,000.00, customary Shasta County hourly rates without one, fees denied or reduced for services not performed in an efficient, timely or competent manner - the compensation of guardians, conservators and their attorneys under CRC Rules 7.751, 7.702 and 7.756, and the compensation of trustees and their attorneys as provided in the governing instrument (15.17); an extra copy of every petition to appoint a guardian or conservator for the Court Investigator, and the court investigation fee of the court's fee schedule collected at filing in a guardianship with a relative as proposed guardian (15.18); no direct fax filings, filings through a fax filing agency (15.19); the conservator to notify the court within ninety (90) days of the death of the conservatee and to file a final account of the estate (15.20).
SECTION 15 PROBATE RULES RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS In guardianship cases, Petitioners must serve all named respondents with a blank Judicial Council Form GC-215, Objection to Petition for Appointment of Guardian at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed. (Amended, effective July 1, 202
Reviewer note: Composed 2026-10-11 (California T4 Shasta build 2026-10-11) from BenchPath custody ca/t4/ca-shasta/docs/roc/roc_jan26.pdf (the court's rule book, its cover letter of May 18, 2026 “The attachment represents a new edition of the Local Rules of Court for the Superior Court of California, County of Shasta, effective July 1, 2026.” and its title page “RULES ADOPTED: May 18, 2026 EFFECTIVE DATE: July 1, 2026”, as fetched 2026-10-11; 1041160 bytes, sha256 e2a8127b7fc6ca48e78283c7ab9a2d4d387d18726a2f343fb5baae7837d44755; 85 pages; this section PDF pages 56 to 64) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 10 to 73, printed 1 to 64) composed as one text, from “SECTION 1” to the last rule of Section 18, and cut at the eighteen section headings, each matched once as a whole line (a section may begin mid-page: Sections 8 and 9 both begin on PDF page 36, Sections 10 and 11 on page 40; Sections 4 and 12 print only “(RESERVED)” and are no card); each page's running header (“Local Rules of the Superior Court of California, County of Shasta”) and its printed page number removed as chrome (129 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 2.06 COURT REPORTERS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-11.txt) finds one struck run, a single space on PDF page 14 that a short stroke crosses in Rule 2.06(B), and no struck text; 7 whitespace-only fixes (build/book-fixes.json: the headings of Rules 3.03, 5.19 and 15.20 and Section 7's title, each printed on two or three lines, set as one line; two sentences of Rules 5.16 and 14.06(A) broken before a line, joined; Rule 14.12's web address joined across its line wrap without a space); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover letter, the title page, the table of contents, the index and the appendices listing the local forms (PDF pages 1 to 9 and 74 to 85) belong to no card. Review note: Carried as printed: Rule 15.09(A)'s “no more that 75%”, the subdivisions (A) to (C) printed inside Rule 15.17(C), and its “Probate Code section15680(b)”.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Shasta County > Superior Court of California, County of Shasta
SECTION 15 PROBATE RULES RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS In guardianship cases, Petitioners must serve all named respondents with a blank Judicial Council Form GC-215, Objection to Petition for Appointment of Guardian at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed. (Amended, effective July 1, 2025) RULE 15.02 CAPTION OF PETITIONS AND POSTING The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate. (Amended, effective January 1, 2005) RULE 15.03 SIGNING AND VERIFICATION OF PLEADINGS Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP section 446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met. (Amended, effective July 1, 2019) RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing. (Amended, effective January 1, 2005) RULE 15.05 WORDING OF PROBATE ORDER The moving party shall submit a proposed order for every petition. Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based. (Amended, effective July 1, 2005) RULE 15.06 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three court days before the date of hearing. (Amended, effective January 1, 2005) RULE 15.07 (RESERVED) (Amended, effective July 1, 2015) RULE 15.08 ORDER FOR FAMILY ALLOWANCE The duration of an order for family allowance is limited to six months if no inventory and appraisement has been filed, and is limited to one year if an inventory and appraisement has been filed. Comment: The court discourages requests for retroactive (nunc pro tunc) payment of family allowance. Requests for family allowance should be made in a timely fashion. (Amended, effective January 1, 2005) RULE 15.09 COMMISSIONS AND FEES IN PROBATE ESTATES (A) All petitions for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701. Ordinarily, no more that 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, petitions for fees or commissions for extraordinary services shall include the information specified in CRC Rule 7.702 (E) Sales of Real Property: In determining the compensation of any 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 $ 750.00 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 $ 750.00 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. (Amended, July 1, 2008) RULE 15.10 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (A) A full and complete description of all assets on hand. (B) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children. (C) A computation of the attorney fees and representative commissions requested. (D) A statement regarding payment of all taxes pursuant to Probate Code §9650. (E) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution. (F) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice or rejection with affidavit of mailing to the creditor must be filed. (G) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference. (H) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items. (I) A schedule showing the proration of taxes, fees, and costs. (J) A statement of what property is separate and what property is community. (K) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth. (L) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed. (M) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed. (Amended, effective January 1, 2005) RULE 15.11 ACCOUNTS IN PROBATE PROCEEDINGS (A) In any probate proceeding in which an accounting must be filed pursuant to Probate Code section 1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code section 1061 and the original Detailed Schedules as specified in Probate Code sections 1062 and 1063 shall be filed. (See Judicial Council Forms GC-400-405.) (B) For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement”, as defined in Probate Code Section 2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period. As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed. A copy of the Summary of Account referenced in subsection “A” shall be attached to the top of the supporting documents lodged with the court. The documents lodged pursuant to this rule shall be retained by the clerk and returned following judicial review. (C) Time for Filing and Lodging of Documents: The Summary of Account and Detailed Schedules shall be filed and supporting documents lodged within 90 days of the close of the accounting period to which they relate. (Amended, effective January 1, 2016) RULE 15.12 PETITION TO ESTABLISH FACT OF DEATH A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: (A) A copy of any instrument relating to any interest in the property; and (B) A copy of the death certificate. Comment: There is no statutory provision for the determination by a court for attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character should be made. (Amended, effective January 1, 2005) RULE 15.13 (RESERVED) (Amended, effective July 1, 2025) RULE 15.14 GUARDIANSHIPS - ANNUAL REPORTS To ensure compliance with the annual reporting requirement of Probate Code §1513.2 and California Rules of Court, Rule 7.1003, a hearing date will be scheduled for no later than one month after the anniversary date of the date of every order appointing a person as a guardian. The clerk will mail to the guardian Judicial Council Form GC-251, Confidential Guardianship Status Report, at least one month before the hearing date. If the report is filed prior to the date for the hearing, no appearance will be necessary unless the court orders otherwise, and the next annual reporting date will be scheduled. (Amended, effective July 1, 2013) RULE 15.15 TENTATIVE RULINGS The court issues tentative rulings in advance of the time set for hearing. The rulings are posted on the court’s website (www.shasta.courts.ca.gov) and are available by clicking on the “Tentative Rulings” link, then clicking on the “Probate” link (for Conservatorships, Estates and Trusts) or the “Guardianships” link (for Guardianships). (Amended, effective January 1, 2016) RULE 15.16 (RESERVED) (Amended, effective July 1, 2025) RULE 15.17 FEES AND COMMISSIONS IN GUARDIANSHIPS, CONSERVATORSHIPS AND TRUSTS (A) Attorney Fees In General: 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 Section 6148 of the Business and Professions Code as follows: (1) In any matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees, will exceed one thousand dollars ($1,000.00), 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) 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 Shasta County. (3) In any case, attorney’s fees may be denied or reduced below customary or contractually agreed amounts if the court determines that the services have not been performed in an efficient, timely or competent manner. (4) Only legal fees for counsel appointed by the court to represent the conservatee may be approved and included in the Order Appointing Conservator. (5) 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. (B) Guardianships and Conservatorships: (1) All petitions for compensation to a guardian, conservator, or attorney for a guardian or conservator shall include the information required by CRC Rules 7.751 and 7.702. The court will evaluate the services as a whole rather than designate part of the services as “ordinary” and part of the services as “extraordinary.” In determining the amount of just and reasonable compensation, the court will consider the factors set forth in CRC Rule 7.756. (2) 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. (3) 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. (C) Trusts: (A) Compensation of Trustees: In determining or approving compensation of a trustee, the court will consider the factors set forth in CRC Rule 7.776. 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 section15680(b). If the instrument is not specific, the court will establish reasonable compensation. (B) Attorney Fees: Compensation for an 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. (C) The time for allowing compensation is governed by Probate Code sections 15680-15688. Petitions for periodic payments must comply with Probate Code section 2643. (Adopted, Effective July 1, 2008) RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS (A) Every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional documents filed after the initial petition shall be subject to the same process. (B) The fee for court investigations in guardianship and conservatorship proceedings is specified in the court’s fee schedule, which is available at the public counter of the clerk’s office or on the court’s web site at www.shasta.courts.ca.gov. Unless a fee waiver has been granted, the court investigation fee will be collected at the time of filing of any petition to establish a guardianship in which the proposed guardian is a relative, pursuant to Probate Code section 1513.1. In conservatorship proceedings, the court will determine whether to collect, waive or defer the court investigation fee after the investigator’s report has been completed, pursuant to Probate Code section 1851.5. (Amended, effective July 1, 2019) RULE 15.19 FACSIMILE FILING This court does not accept direct fax filings as provided by CRC, rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC, rule 2.303, with the exception of those documents identified in CRC 2.300(b). “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met. (Amended, effective July 1, 2019) RULE 15.20 TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE (A) The conservator shall notify the court within ninety (90) days of the death of the conservatee. (B) Upon receiving notice of the death of the conservatee, if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052. (Adopted, July 1, 2014)
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.