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Chapter 9 (Rules 9.01 to 9.29): the caption of a probate document not on a Judicial Council form to include a reference to the statutory provision (9.01); every pleading that requires a hearing set on the regular calendar, the party who files it may select the initial hearing date, a matter not ready continued and, at any second continuance, ordered off-calendar or denied without prejudice, and written objections filed and served at least ten (10) days prior to a continued hearing (9.02); documents in support filed no later than five (5) court days before the hearing (9.03); notice the responsibility of the petitioner, a copy of the petition served on a person requesting special notice and for extraordinary fees, notice not shortened to less than ten (10) days, and the party who requests posting to do so in writing (9.05); orders and decrees complete in themselves with the judicial signature at the end in the following format, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain, ex parte applications under Local Rule 3.03 with a separate proposed order and a special notice allegation, and nunc pro tunc correction of clerical errors (9.06); special letters on notice, notice to the Public Administrator, the petition’s allegations about heirs and beneficiaries, subsequent wills by amended or second petition, proof of holographic and formal wills (Judicial Council form DE-131), and the posted bond in every interim account (9.07); the petitioner or attorney appearing at a hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions deemed submitted without an appearance (9.08); the Court to hear contested matters at the dates and times it deems appropriate (9.09); family allowance orders limited to six months without an inventory and appraisal and one year with one, and an itemized estimate of monthly expenses for an allowance in excess of $1,000 per month (9.10); proposed Letters complete in every aspect with independent powers stated, and re-issuance of original Letters discouraged (9.11); the matters required in a petition for final distribution - the assets, each heir’s entitlement, the computation of fees and commissions, taxes, costs, claims, separate and community property, the persons affected, compliance with Probate Code §9202 and §1064(a)(4) - unequal distributions, the terms of any testamentary trust set out in full, and distribution to a trust (9.12); accounts that comply with Probate Code §§1060 et seq. with the suggested form of summary of Appendix 6, waivers by competent adults, interim accounts supported by original statements verifying the balances, and vouchers not filed unless the Court orders them filed (9.13); a verified petition to establish the fact of death with the instrument and the death certificate, and no request for fees considered (9.14); a separate spousal property petition with the required allegations, the survivorship period, and attorney’s fees arranged between counsel and the petitioner (9.15); sales of real property - a reappraisal after one year, published notice of sale unless the will directs the sale, a sale in accordance with the terms of the notice, a sale made within 30 days prior to the petition (Probate Code §10308), a broker’s commission of not more than six (6) percent on residential real property, the attorney’s presence at confirmation, overbids, and a deposit of at least ten percent (10%) to bid (9.16); a specific sum requested for attorney fees (9.17); extraordinary fees and commissions measured by reasonableness and benefit, with a declaration of the services itemized by date, time and service rendered, and paralegals under Rule 7.703(e) (9.18); guardianship petitions referred for investigation under Probate Code Sections 1513 and 1513.1 with an additional copy for the agency, temporary guardians on ex parte application with a reconsideration hearing within 30 days, and general guardianship hearings six to eight (6-8) weeks after the petition is filed (9.19); a conservatorship petition with Judicial Council Form GC-330 and an extra copy for the Court Investigator (9.20); independent powers only on a showing that each is necessary and for the advantage of the estate, set forth in the Order, and in the Letters (9.21); bond under Prob.C §2320, which the Court may increase or decrease for good cause or dispense with under §2628(a) (9.22); each conservator’s acknowledgment of receipt of the conservator’s handbook on Judicial Council form GC-362 not later than five (5) days before the hearing, the Public Guardian and corporate fiduciaries not required to purchase the handbook (9.23); the guardianship estate not used for the ward’s maintenance where a parent is living, except upon a showing of financial inability (Judicial Council Form FL-150) (9.24); investments by guardians under the standard of Probate Code §16040(a) and the investments not approved (9.25); blocked accounts - federally insured, interest-bearing accounts, an initial deposit that must not exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) in a single depository, a receipt within 30 days, withdrawals only by court order on a verified application with the birth certificate and a statement of all deposits and withdrawals, the minor fourteen years of age or older to sign the petition, ex parte requests, and the parents’ ability, withdrawals for the purchase of a vehicle, medical expenses or reimbursement (9.26); accounts of guardians and conservators to conform to Appendix 6, a separate accounting for each ward, final accounts not waived unless the ward is present, notice of death to the Director of Health Services, and an order dispensing with accountings (9.27); notice of a change of the conservatee’s residence within thirty (30) days (9.28); and notice of the death of the ward or conservatee within thirty (30) days and a petition to terminate the estate, an estate valued at less than $60,000 disposed of under Probate Code Sections 13100 through 13111 (9.29).
CHAPTER 9: PROBATE RULES 9.01 Caption of Probate Documents If a probate pleading or other probate document is not filed on a Judicial Council form, the caption must include a reference to the statutory provision under which the matter is filed. If, in the pending proceeding, any part of an estate is to be distributed to a trust, the caption of the pleading must so indicate. Rule 9.01 amended and r
Reviewer note: Composed 2026-10-12 (California T4 Siskiyou build 2026-10-12) from BenchPath custody ca/t4/ca-siskiyou/docs/local-rules/2026-final-local-rules-court.pdf (the court's rule book, its cover “THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SISKIYOU LOCAL RULES OF COURT EFFECTIVE JULY 1, 2026”, as fetched 2026-10-12; 1504869 bytes, sha256 9e07c0764cd81357bc6f3c7cafe81cd348e139ae21ffb9a44495632e4ac89471; 160 pages; this part PDF pages 99 to 121, printed pages 9-1 to 9-23) with the shared verbatim composer (v2 reflow): the rules (PDF pages 10 to 132, Chapters 1 to 11) and Appendix 1, the Rules for Decorum in the Courtroom that Rule 2.05 makes binding (PDF pages 134 to 137), composed as one text - the appendices' divider page (PDF page 133) left out - and cut at the eleven chapter headings and at Appendix 1's heading, each matched once at a line start (every part opens a page); chrome removed (520 lines): the running header in each page's top band (“LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT”) and the footer in its bottom band (“Siskiyou County Superior Court Local Rules”, the page label “N-M” or “Appendix 1, page N of 4”, the date the page was revised or replaced, and a stray letter “a” printed into the footer on twenty pages of Chapters 3 and 4), with the footer's date box set high on PDF page 11 and a lone period below Chapter 3's last rule on PDF page 35 named as running lines (review/render/p11-stray-date-box-2026-10-12.png, p35-stray-marks-2026-10-12.png); the object replacement character (U+FFFC) of two headings - Rules 4.03 and 6.12, where every other heading has a tab - read as the space it stands for (review/render/object-replacement-headings-2026-10-12.png); lines reflowed into the rules' paragraphs, each rule's number set with its title (“2.02 Official Court Reporters”), each subdivision starting a line and each history line (“Rule 2.02 renumbered effective July 1, 2024; ...”) on its own line; no table on the composed pages; the strike report (review/strike-report-2026-10-12.txt) finds struck text only on PDF page 150 (Appendix 6, a form of accounts, outside the composed pages); 8 whitespace-only fixes (build/book-fixes.json: Chapter 4's two-line heading set as one line; five false breaks rejoined - in Rules 3.03, 5.11, 5.12, Rule 7.03's history line and Rule 9.07(F)(2)'s inline list; Rule 2.02(B)'s “FW-020” closed up across its printed line end; Rule 9.06(A)(2)'s two-line signature format set apart as printed); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.05's number printed “3:05”; “FL- 350” in Rule 8.08); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the publisher's notes (PDF pages 2 to 4), the table of contents and the list of effective dates (PDF pages 5 to 9), the appendices' divider (PDF page 133), Appendix 2 (the court employees' code of ethics, PDF pages 138 to 142), the forms of Appendices 3 to 8 (PDF pages 143 to 153) and the indexes (PDF pages 154 to 160) belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Siskiyou County > Superior Court of California, County of Siskiyou
CHAPTER 9: PROBATE RULES 9.01 Caption of Probate Documents If a probate pleading or other probate document is not filed on a Judicial Council form, the caption must include a reference to the statutory provision under which the matter is filed. If, in the pending proceeding, any part of an estate is to be distributed to a trust, the caption of the pleading must so indicate. Rule 9.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 15.01 effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:01 effective January 1, 2022. 9.02 Settings and Assignments; Continuances A. Settings and Assignments 1) At the time of its filing, every pleading that requires a hearing will be set on the regular calendar for that type of proceeding. Because the day and hour reserved for these calendars may change from time-to-time, counsel are advised to consult the clerk before requesting a specific setting. 2) The attorney or self-represented party who files the pleading may select the initial hearing date, as long as the setting permits sufficient time for service of appropriate notice. 3) Any request for an earlier setting than would normally be allowed must be presented to the Court pursuant to the Local Rules governing orders shortening time. Note: mere convenience or inconvenience of counsel is insufficient justification for such request. (Subd A. amended effective July 1, 2024.) B. Continuances 1) On the call of the calendar, any regularly-set matter that is found to be “not ready for hearing” will be continued until a future date, to be determined at the Court’s discretion. A matter is considered to be not ready if the pleading, notice of hearing, or documents purporting to cure discrepancies therein are not filed by the hearing date. If the matter is not ready by the time of any second continuance, it may be ordered off-calendar or denied without prejudice, unless an application for a further continuance, made upon the personal appearance in court of counsel or self-represented party is granted. 2) If a proceeding has been properly noticed for its initial hearing, new notice is not required for any continuance unless the Court specifically orders such notice. 3) If an oral objection to any pleading is presented to the Court at the hearing thereon, the Court may continue the matter to allow for the filing of written objections, and for giving notice thereof to the petitioner. Unless otherwise ordered, the Court will not consider an objection unless it is in writing, and is filed and served at least ten (10) days prior to the date of the continued hearing. Rule 9.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:02 effective July 1, 1996; amended effective July 1, 2011; previously renumbered as Rule 9:02 effective January 1, 2022. 9.03 Filing of Documents; and Review Prior to Hearing Except for good cause, all documents in support of a pleading must be filed with the clerk of the Court no later than five (5) court days before the calendared hearing thereon. This Rule applies, but is not limited to, affidavits of publication, proofs of subscribing witnesses, waivers of account, receipts, inventories, reappraisals for sale, agreements for in-kind distributions, proposed orders, and similar papers. At the Court’s discretion, documents that are not filed in a timely manner may not be considered before or during the hearing; and the matter may be continued, denied without prejudice, or ordered off calendar. Rule 9.03 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:03 July 1, 1996; amended effective July 1, 2009, amended effective January 1, 2019; renumbered as Rule 9:03 effective January 1, 2022; amended effective July 1, 2022. 9.04 Reserved Rule 9.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:04 effective July 1, 1996; reserved effective July 1, 2009; previously renumbered as Rule 9:04 effective January 1, 2022. 9.05 General Notice Requirements A. Notices Generally These Rules do not increase or reduce the statutory notice requirements with respect to probate matters brought before the Court. B. Burden of Proving Proper Notice It is the responsibility of the petitioner or his or her attorney, and not the responsibility of the Court Clerk, to give notice of any proceeding requiring notice, or cause it to be given; and also to file the proper proof of service of such notice. (Subd B. amended effective July 1, 2024.) C. Service of the Petition in Addition to Notice When notice of any petition or other application is served on a person requesting special notice, or if the petition is for approval of the accounting of a testamentary trustee, then a complete copy of the petition, along with any supporting papers, must be served with each notice of hearing. If the fiduciary or attorney is requesting extraordinary fees or compensation (i.e., fees or compensation other than the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties. When service of a copy of the petition is required, the proof of service of notice must also show service of the copy. (Subd C. amended effective July 1, 2024.) D. Minimum Notice Requirement When the Probate Code requires that a matter be set for noticed hearing, notice may not be shortened to less than ten (10) days. E. Posting of Notice by the Clerk When posting of notice by the clerk is required, the party who requests the posting must do so in writing, and must provide the court clerk with an extra copy of the notice. (Subd E. amended effective July 1, 2024.) Renumbered Rule 9.05 effective January 1, 2022; originally adopted as Rule 15.05 effective July 1, 1996; amended effective July 1, 2004. 9.06 Probate Orders and Decrees; Ex Parte Applications; Nunc Pro Tunc Correction of Clerical Error A. Orders and Decrees 1) Form of Orders. Probate orders or decrees must be prepared by counsel or the self- represented petitioner, unless otherwise ordered by the Court. All probate orders or decrees must be complete in themselves (i.e., they must be worded so that their general effect can be determined without reference to the petition on which they are based). Orders and decrees must set forth the date of hearing; the Court’s findings; the relief granted; and the names of persons, and descriptions of property or amounts of money, that are affected by the order, all with the same particularity as is required of judgments in civil matters. Some printed forms of orders or decrees are designed to permit the attachment of supplemental material; if such form is utilized, attachments will be permitted if the judicial signature appears at the end of the last attachment, and the form itself includes the information that the document is executed at the end of the last attachment. 2) Judicial Signature. The place provided for the judicial signature must appear at the end of the order or judgment. No attachment, exhibit, or rider is permitted after the judicial signature. The signature line must not appear on a page by itself, and pagination of documents must be adjusted accordingly. The signature line for the judicial officer must be in the following format: "Date: Judge/Judge Pro Tempore Siskiyou County Superior Court” 3) Submitting Proposed Orders. If the parties wish to obtain formal orders on the date that the matter is calendared for hearing, then the proposed orders must be submitted to the clerk at least five (5) court days before the hearing. 4) Orders for Continuing Payments. All proposed orders for continuing payments must provide that the payments will commence on a date certain and will continue until a) a date certain or b) for a specified period. The Court will not make orders that require continuing payments to run “until further order”. 5) Orders Distributing Estate to Trustee. Orders calling for distribution of estate assets to the trustee of a testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in a manner that will give effect to existing conditions at the time distribution is ordered. Pertinent provisions must be set forth in the present tense and third person. (Subd A. amended effective July 1, 2024.) B. Ex Parte Applications for Orders 1) In General. Applications for orders may be made ex parte unless a statute or Rule requires notice; and must be made as set forth in Local Rule 3.03. 2) Form of Order. Except for form petitions and orders approved by the Judicial Council or this Court, all applications for ex parte orders must be accompanied by a separate proposed order, complete in itself. It is not sufficient for such order to provide merely that the application has been granted. 3) Special Notice. All applications for ex parte orders must contain an allegation that no special notice has been requested, or an allegation that any requested special notice has been waived (with identification of the persons requesting special notice). Any waiver of special notice must be filed with the application. 4) Sales of Property. Ex parte petitions for orders for sale of stock or personal property must allege whether or not the property is specifically devised. If so, the consent of the specific devisee must accompany the petition. (Subd C. amended effective July 1, 2024.) C. Nunc Pro Tunc Correction of Clerical Errors 1) In General. If, through any inadvertence, the minute order or the signed decree fails to state the order that was actually made by the Court, and such inadvertence is brought to the attention of the Court by affidavit or duly- executed declaration pursuant to Code of Civil Procedure §473, then the Court will, on its own motion, make a nunc pro tunc order correcting the mistake. 2) Form of The Proposed Nunc Pro Tunc Order. The proposed nunc pro tunc order must not take the form of an amended order, and must be in substantially the following form: "Upon consideration of the affidavit or declaration of [name] to correct a clerical error, the [identity of the order to be corrected, giving the title and date thereof] is corrected, on the Court's own motion, by striking the following [here set out the matter to be eliminated] and by inserting in lieu thereof the following: [here set out the correct matter]. This order is entered nunc pro tunc as of [here insert the date the incorrect order was signed]." To prevent further errors, the complete clause or sentence in which the error occurs should be stricken from the original order or decree, even if only one word or figure therein requires correction. Reference should not be made to the page and line number of the corrected language. 3) Presentation to the Court. The proposed order must be submitted to the court clerk along with the affidavit or declaration that brings the error to the Court’s attention. 4) Effect of the Nunc Pro Tunc Order. The original order will not be physically changed by the clerk, but will be used in connection with the nunc pro tunc order correcting it. (Subd C. amended effective July 1, 2024.) Rule 9.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:06 effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:06 effective January 1, 2022. 9.07 Provisions Relating to the Appointment of Executors and Administrators A. Special Letters Petitions for special letters of administration will not be granted without prior notice to the surviving spouse, to the person nominated as executor, and to any other person who, after examination of the applicant by the Court, appears to be equitably entitled to notice. In appointing a special administrator, the Court will give preference to any person entitled to letters testamentary or of administration. If it appears that a bona fide contest exists, the Court will consider appointing a neutral person or corporation as special administrator. B. Public Administrator In all cases where it appears the Public Administrator may have priority to serve as personal representative of an estate, notice to the Public Administrator must be given. C. The Petition for Probate 1) Allegations Regarding Heirs and Beneficiaries. In addition to the required allegations (set forth in Probate Code §8002) in the petition for letters or for appointment, the petition must include the following information: (Paragraph 1) amended effective July 1, 2024.) (a) As to the actual or nominated trustee of a trust that is a beneficiary of the decedent’s estate, said trustee must be listed by name and title as a devisee or legatee, and, if a sole trustee is also the personal representative of the estate, the individual beneficiaries of the trust must be listed in the petition and be given notice of the proceedings. [Probate Code §1208.] (b) When a beneficiary of the estate has died, notice must be given as required by Rule 7.51(e) of the California Rules of Court. (c) As to contingent heirs, devisees and legatees, all such persons must be listed in the petition for probate or for letters of administration so that each will receive notice by mail of the hearing on the petition. This includes persons provided for in the will offered for probate, but whose legacy has been revoked by a subsequent codicil. (Subd C. amended effective July 1, 2024.) D. Subsequent Petitions for Probate 1) Admitting Subsequent Wills and Codicils. Every will or codicil not specifically mentioned in the original petition must be presented to the Court by way of an amended petition or a second petition, and new notice thereof must be published. 2) Noticing Subsequent Petitions. When a petition for letters testamentary or letters of administration with will annexed (“Letters CTA”) is filed after the admission to probate of a will disposing of the same decedent’s estate, notice is required just as for the original petition. (Subd D. amended effective July 1, 2024.) E. Proof of Written Will or Codicil 1) Attachment to Petition. When a petition for probate of will and/or codicil is filed, a copy of the document(s) being offered for probate must be attached thereto and marked as an exhibit. 2) Proof of Holographic Instrument. If the will or codicil is handwritten and a photographic copy is attached, then a typewritten copy of the text of the document must be attached as well. Holographic instruments may be proved by an appropriate affidavit or declaration setting forth the foundation upon which the declarant bases his/her statement that the handwriting is the decedent’s. 3) Proof of Formal Wills. In uncontested will proceedings, if the attestation clause of the testamentary instrument is signed under penalty of perjury, then the will or codicil is deemed to be self-proving and can be admitted to probate without proof thereof by affidavit or declaration. If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131. (Subd E. amended effective July 1, 2024.) F. Bond of Personal Representative 1) Effect of Bond Waiver. If bond has been waived in the will or codicil, or if it is waived by all beneficiaries of the will by way of duly executed and filed waivers of bond, then the fact that bond has been waived must be alleged in the petition. 2) Reporting Bond in Interim Accountings. Every interim account for an estate in which bond has been posted must include a separate paragraph alleging a) the total amount of the posted bond; b) the appraised value of personal property on hand plus the estimated annual income to the estate from real and personal property; and c) a statement concerning any additional bond thereby required. Whenever appropriate, a prayer for increase or decrease of the posted bond must be included in the petition for settlement of the account. 3) Bond When Independent Powers Granted. When the personal representative is granted independent powers to sell real property or to lease it for a term of more than one year, the Court may require a bond that includes the equity value of the real property. (Subd F. amended effective July 1, 2024.) Rule 9.07 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:07 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 9:07 effective January 1, 2022. 9.08 Appearance of Counsel In Uncontested Matters A. Required Appearance at Hearing on Guardianship or Conservatorship Petition The petitioner or the petitioner's attorney must appear at any hearing on a petition for appointment of a guardian or conservator. (Subd A. amended effective July 1, 2024.) B. When Non-Appearance Allowed at Hearing n Petition 1) Except as otherwise provided by law or these Rules, all verified petitions in probate matters will be deemed submitted without an appearance, except that the attorney or petitioner must appear on a petition for confirmation of sale of either 1) real property, or 2) personal property valued in excess of One Hundred Dollars ($100.00). As used in this Rule, "verified" means verified by the petitioner. 2) Before denying any petition where there is no required appearance, the Court, at its discretion, will continue the matter to a future law & motion calendar in order to give the petitioner or counsel an opportunity to appear. If there is no appearance or other response by the petitioner or counsel at the continued hearing, the Court may drop the matter from the calendar. (Note: it is the responsibility of the non-appearing petitioner or counsel to determine whether the matter has been approved or continued.) (Subd B. amended effective July 1, 2024.) Rule 9.08 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:08 effective July 1, 1996; amended effective July 1, 2001, and January 1. 2019; previously renumbered as Rule 9:08 effective January 1, 2022. 9.09 Contested Matters The Court will hear contested matters at such dates and times as the Court deems appropriate. Rule 9.09 renumbered effective July 1, 2024; previously adopted as Rule 15:09 adopted effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:09 effective January 1, 2022. 9.10 Orders for Family Allowance A. Time of Application Applications for a family allowance order must be made in a timely manner. As a policy, the Court discourages requests for retroactive (nunc pro tunc) payment of a family allowance. B. Duration of Order The duration of an order for family allowance is limited to six months if no inventory and appraisal has been filed, and to one year if an inventory and appraisal has been filed. (Subd B. amended effective July 1, 2024.) C. Estimate of Monthly Income and Expenses Every petition for a family allowance must set forth estimated monthly income, including receipt of any available government benefits; and if the petition seeks an allowance in excess of $1,000 per month, it must include an itemized estimate of monthly expenses. Rule 9.10 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:10 effective July 1, 1996; amended effective July 1, 2001; previously renumbered as Rule 9:10 effective January 1, 2022. 9.11 Probate Letters A. Form of Letters Proposed Letters submitted for issuance must be complete in every aspect. Independent powers must be specifically stated on the face of the Letters or in a referenced attachment; and execution of the oath must include date and place. B. Re-Issuance of Letters Re-issuance of original Letters is discouraged, and any request for re-issuance of original Letters must be submitted to the Court in writing and must establish valid justification for the request. (This requirement does not apply to requests for certified copies of Letters). Rule 9.11 renumbered effective July 1, 2024; previously adopted as Rule 15:11 effective July 1, 2001; previously renumbered as Rule 9:11 effective January 1, 2022. 9.12 Required Matters in a Petition for Final Distribution A. Required in All Petitions for Final Distribution In addition to items otherwise required by law, a petition for final distribution must include the following matters, unless set forth in the account and report: 1) A full and complete description of all assets to be distributed. The description must include all cash on hand and must indicate whether or not promissory notes are secured or unsecured. If secured, the security interest must be described. Real property must include a complete legal description. Note: descriptions made by reference to the inventory and appraisal are not acceptable. 2) 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. 3) A computation of the attorney fees and representative commissions being requested, even if an accounting is waived. Where an accounting is waived and the statutory compensation is based upon receipts during probate, the method of computation must be set forth, together with an allegation that such receipts have been or will be reported on fiduciary income tax returns for the estate. Applications for compensation for extraordinary services will not be considered unless the caption and prayer of the petition, and the notice re distribution, contain a reference to such application for extraordinary compensation. 4) A statement regarding payment of all taxes pursuant to Probate Code §9650(b). 5) An allegation that all legal advertising, bond premiums, probate referee’s fees, and costs of administration have been paid. (Note: the final account will not be approved, and neither will a petition to terminate proceedings be granted, unless the Court is satisfied that all costs of administration, including charges for legal advertising, have been paid.) 6) 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 rejected claims, the date of rejection must be set forth; and the original of the notice of rejection, with affidavit of mailing to the creditor, must be filed. Even if a claim has not been filed, the Court may approve payment of a debt if the accounting shows that such payment was made in compliance with the requirements of Probate Code §9154. Such approval is discretionary with the Court, and must be justified by appropriate allegations in a verified petition or by testimony in open court. [Estate of Sturm (1988) 201 Cal.App.3d 14.] 7) An itemization of costs for which counsel or the personal representative has been paid or is seeking reimbursement. Ordinary overhead items, including but not limited to costs of duplication of documents, long distance charges, and automobile mileage, are not proper cost items. 8) A schedule showing the proration, if any, of taxes, fees, and costs. 9) In all cases where the character of property may affect distribution of the estate, a statement or listing of which assets are separate property and which assets are community property. 10) If distribution is to be made pursuant to an assignment of interest, then the details of the assignment, including the consideration therefore, shall be set forth in the petition; and the acknowledged assignment shall be filed with the Court. 11) The names and current addresses of all persons who are affected by the petition; each such person must be identified as an adult or a minor. (a) If property is to be distributed to a minor, the minor's present age must be indicated. (b) If a trust is established in which property will be distributed to a beneficiary upon reaching a given age, the petition must allege the present age of the distributee. 12) If the distribution is to be made to a minor or an incompetent, then facts showing compliance with Probate Code §3300, et seq., must be alleged; alternatively, current certified copies of letters of guardianship or conservatorship of the estate must be filed. An allegation of compliance with Probate Code §9202 (notice of death to the Director of Health Services); or an allegation that notice is not required because decedent did not receive Medi-Cal services; or an allegation that no claim can be made by the Director of Health Services because decedent a) died before June 28, 1981; b) was under age 65; or c) was survived by a spouse, minor child, or disabled child. 13) A statement that complies with the disclosure requirements of Probate Code §1064(a)(4), or an allegation that no family or affiliate relationship exists between the fiduciary and any agent hired by the fiduciary for probate purposes. (Subd A. amended effective July 1, 2024.) B. Unequal Distributions; Distributions Against the Will If the decree of distribution requires in-kind distribution of assets with the result that all heirs and devisees 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 indicating acceptance of the plan of distribution must be signed by each heir and devisee (with the signatures acknowledged) and filed with the Court. C. Terms Of Testamentary Trust The terms of any testamentary trust must be set out in full in the petition and in the order or decree, and not merely be incorporated by reference. Because the decree of distribution supersedes the will, the terms of the trust must be set forth in the decree in a manner that will give effect to the conditions existing at the time distribution is ordered. The pertinent provisions must be set forth in the present tense and in the third person instead of by merely quoting the will verbatim, because the will in some instances may be in the future tense and/or the first person, and may contain provisions that are no longer applicable. D. Distribution to a Trust If distribution is to be made to a trust, then 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, must be filed with the Court. Rule 9.12 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:12 effective July 1, 1996; amended effective July 1, 2009 and January 1, 2019; previously renumbered as Rule 9:12 effective January 1, 2022. 9.13 Required Form of Accounts in all Probate Proceedings A. Accounts in General All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall comply with Probate Code §§1060 et seq.. A suggested form of summary of account is set forth in Appendix 6 of these Rules, and in Probate Code §1061. B. Waivers of Accounting A detailed accounting may be waived when all persons having a valid interest in the matter have consented in writing. Only waivers given by competent adults are effective. All waivers must be filed with the Court or endorsed on the petition. The effect of full waivers is to make it unnecessary to list the details of receipts and disbursements; no other required matters may be waived. C. Required Verification for Interim Accounts Interim accounts in decedents estate matters that are filed by individual fiduciaries (as opposed to final accounts, or accounts by institutional fiduciaries) must be supported by original statements verifying the balances of bank or investment accounts on the closing date of the estate accounting period). Balances shown in the estate accounting must be reconciled to the statements from the financial or investment institution. D. Vouchers Vouchers supporting accounts are not to be filed with the clerk unless the Court specifically orders them filed. Rule 9.13 renumbered effective July 1, 2024; previously adopted as Rule 15:13 effective July 1, 1996; amended effective July 1, 2004 and January 1, 2019; previously renumbered as Rule 9:13 effective January 1, 2022. 9.14 Petition to Establish the Fact of Death A petition to establish the fact of death (to terminate a joint tenancy or life estate) must be verified, and must have the following documents attached as exhibits: 1) a copy of any instrument relating to any interest in the property; and 2) a copy of the death certificate. (Note: there is no statutory provision for Court determination of attorney fees in proceedings for termination of joint tenancy or a life estate; no request for fees for services of this type will be considered by the Court.) Rule 9.14 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:14 effective July 1, 1996; amended effective July 1, 2001; previously renumbered as Rule 9:14 effective January 1, 2022. 9.15 Petition to Set Aside Spousal Property A. Filing Spousal Property Petition A petition for determination and/or confirmation of community property must be filed as a separate petition from a petition for probate of will or for letters of administration. If the spousal property petition is filed in a probate proceeding that has already been initiated, the cost for filing will be the amount charged for a subsequent application requiring a hearing. Otherwise, a full filing fee will be charged. B. Required Allegations in Support Of Claim A petition to determine and/or confirm community property must include the following allegations and supporting information: 1) Date and place of marriage; 2) Whether or not decedent owned any real or personal property on the date of marriage (if so, describe the property and state the approximate value on the date of marriage and at present); 3) Decedent's occupation at time of marriage; 4) Decedent's net worth at time of marriage; 5) Whether or not decedent received property after the date of marriage by gift, bequest, devise, descent, or as proceeds from life insurance or joint tenancy survivorship (if so, describe the asset and give approximate date of receipt and approximate value on the date of receipt and at present); 6) If property was received by decedent pursuant to item (5), above, whether or not it is still a part of the estate; 7) The date decedent first came to California; 8) The decedent's net worth upon arrival in California; 9) Any additional facts upon which the community property claim is based; and, 10) If the claim is based on any document, a copy must be attached to the petition, preferably a photocopy showing signatures. C. Survivorship Restriction If a spouse's right to take under a will is conditioned on survival for a specified period of time, no property will be set aside or confirmed to the spouse until expiration of the survivorship period. D. Attorney's Fees Attorney’s fees for services relating to a spousal property petition are not subject to determination by the Court, but must be arranged between counsel and the petitioner. Rule 9.15 renumbered effective July 1, 2024; previously adopted as Rule 15.15 effective July 1, 1996; amended effective July 1, 2004 previously renumbered as Rule 9:15. 9.16 Sales of Real Property A. Appraisals Within One Year If the death of the decedent occurred more than one year prior to the date of filing of a petition for confirmation of sale of real property, then a reappraisal for the purposes of the sale must be filed prior to the date of the hearing for confirmation of the sale. B. When Published Notice of Sale Required Publication of notice of sale of real property will be required whenever court confirmation of such sale is requested, unless a will and/or codicil specifically directs sale of the property, or specifically grants an executor (as distinguished from an administrator with will annexed) authority to sell the property without notice. This publication requirement applies whether or not the personal representative has been granted Independent Administration of Estates Act (IAEA) powers by the Court. C. Noticing the Location of the Property The notice of sale of real property must set forth the street address of the property, if any; if there is no street address then the notice must describe the location of the property in addition to providing the legal description. D. Compliance With the Terms of the Notice If notice of sale of real property is published, then any sale of the property must be in accordance with the terms of such notice. If a petition for confirmation of sale is filed alleging that the sale took place prior to the date of sale stated in the published notice, then the sale cannot be confirmed and new notice of sale must be published. Pursuant to Probate Code §10308, any petition for confirmation of sale must allege that the sale was made within 30 days prior to the date on which the petition was filed. The specific date of sale must be alleged in the return of sale and petition for its confirmation. E. Effect of Publication The published notice of sale of real property constitutes a solicitation for offers. When the personal representative accepts an offer and files a petition for confirmation of sale, there must not be any variance between the terms of the notice and those described in the petition. If the notice solicits cash offers only, then the Court will not confirm a sale on terms other than cash. F. Date of Sale Specified in Notice If a petition for confirmation of sale of real property is filed prior to the date of sale specified in the notice, the Court cannot announce the sale on the date set for hearing, but must deny confirmation without prejudice to a new sale after another notice has been given as prescribed by law. G. Terms and Conditions of Sale The terms and conditions of the sale must be stated in the Report of Sale filed with the Court, as specific attachments if necessary. Merely attaching a copy of the sales contract is not sufficient to satisy this requirement and is, in fact, discouraged in most cases. H. Broker’s Commission The Court will not allow a broker's commission for the sale of residential real property that is in excess of six (6) percent, unless a higher commission is justified by exceptional circumstances. The broker's commission on non-residential real property will be set by the Court on an individual basis. No commission will be allowed to a broker who is a buyer of the subject property. I. Notice of Abatement Sale to Specific Devisee If the sale is for abatement, notice of time and place of hearing on the return of sale must be given to the specific devisee of the property; otherwise, his or her consent to the sale must be filed prior to the hearing. J. Requirement of Attorney’s Presence at Confirmation In the absence of the attorney of record, the Court will not proceed on a petition for confirmation of sale of real property and/or for sale of personal property. K. Overbids If the sale returned for confirmation is upon credit, and a higher offer which is made to the Court pursuant to Probate Code §10313 is for either cash or credit (whether on the same or different credit terms), the higher offer will be considered only if the personal representative, prior to confirmation of sale, informs the Court in person or through counsel that the offer is acceptable. L. Required Evidence of Ability to Pay Overbid No person will be entitled to appear and bid in a proceeding to confirm a sale unless that person presents to the personal representative, or to counsel for the personal representative, sufficient evidence of that person’s ability to pay, forthwith, a deposit of at least ten percent (10%) of the amount fixed by the petition as the overbid price. [Prob.C §10311(a)(1).] Bidding will proceed in such increments from the overbid as the Court deems appropriate. Renumbered Rule 9.16 effective January 1, 2022; originally adopted as Rule 15.16 effective July 1, 1996. Amended effective July 1, 2005. 9.17 Attorneys Fees In all petitions requesting attorney fees, both ordinary and extraordinary, a specific sum (not merely a "reasonable amount") must be requested. Renumbered Rule 9.17 effective January 1, 2022; originally adopted as Rule 15.17 effective July 1, 1996; amended effective July 1, 2001. 9.18 Non-Statutory (Extraordinary) Fees and Commissions A. Discretion of the Court; and Standards for Consideration 1) The award of extraordinary fees and commissions is within the discretion of the Court. 2) The standards by which requests for extraordinary fees and commissions will be measured are reasonableness, and benefit to the interested parties. The Court will take into consideration the following: (a) Nature and difficulty of the services; (b) Results achieved; (c) Benefit to the estate, conservatee or ward; (d) Productivity of the time spent in performing the services; (e) Expertise and experience of the person requesting the fees; (f) Hourly rate for the person performing the services; and 3) Total amount requested in relation to the size and income of the estate. B. Contents of Petition for Extraordinary Fees and Commissions A petition filed under any provision of the Probate Code which requests fees or commissions in excess of the authorized statutory compensation must include: 1) a declaration by the attorney, personal representative, trustee, or other fiduciary stating the services rendered, or to be rendered, by each of them, itemized by date, time and service rendered; 2) the amount requested for each item of service, together with the total amount requested; and 3) a reference in the caption and prayer to the additional fees. In addition, the request for extraordinary fees and/or commission must be included in the notice of hearing on the petition. C. Use of Paralegals Reference to: California Rules of Court, Rule 7.703(e). Renumbered as 9.18 effective January 1, 20222; originally adopted as Rule 15.18 effective July 1, 1996; amended effective July 1, 2004. 9.19 Guardianship Appointments A. Agency Investigations 1) Referral. All petitions for appointment of a guardian will be referred by the Court for an investigation, pursuant to Probate Code Sections 1513 and 1513.1. 2) Agency Copies. When a petition for appointment of guardian is filed, the petitioner must provide an additional copy of the petition and of all supporting documents for transmittal by the clerk to the appropriate investigating agency. (Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the agency.) B. Appointment of Temporary Guardian 1) Ex Parte Applications. Applications for appointment of a temporary guardian may be submitted ex parte for determination by the Court, with or without an appearance by the petitioner or counsel. If the petitioner or counsel wishes to appear on the ex parte application, he or she must calendar and notice the matter pursuant to Local Rule 3.03. 2) Hearings on Temporary Guardianships. After a petition for the appointment of a temporary guardian of the person of a minor is filed, the following hearings may be held, consistent with the intent of Probate Code §2250: (a) A noticed hearing on an ex parte petition for appointment of temporary guardian. When it sets the noticed hearing, the Court may make other appropriate orders relating to the application. (b) A reconsideration hearing to be conducted on the regular guardianship calendar within 30 days from the date of the ex parte order granting temporary guardianship, for the purpose of reviewing the merits and the status of the temporary guardianship. At this hearing, the appropriate investigative agency will provide the Court with a recommendation as to whether or not the temporary guardianship should be continued or be terminated. More than one reconsideration hearing may be required. 3) Hearings on Petitions for General Guardian. Petitions for appointment of a general guardian are set for hearing by the clerk of the Court, and normally are calendared for hearing six to eight (6-8) weeks after the petition for general guardianship is filed. 4) Notice Regarding Temporary Guardianships. The order appointing a temporary guardian will identify the agency that will conduct the investigation, and the order will require that the temporary guardian give notice of the reconsideration hearing to the parents of the minor (this notice is in addition to the notice of hearing required by Probate Code §1511). Renumbered as Rule 9.19 effective January 1, 2022; originally adopted as Rule 15.19 effective July 1, 1996; amended effective July 1, 2013. 9.20 Probate Conservatorship Appointments When a petition for appointment of a conservator is filed, the petitioner must also submit a fully completed Judicial Council Form GC-330, “Order Appointing Court Investigator”, for the Court’s approval, and must provide the clerk with an additional copy of that document for transmittal to the Court Investigator after the appointment has been made. For the same purpose, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk at the time of filing. (Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the Court Investigator, and from giving the Investigator notice of hearings on the petition.) Renumbered as Rule 9.20 effective January 1, 2022; originally adopted as Rule 15.20 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; amended effective July 1, 2009. 9.21 Independent Powers in Guardianship and Conservatorship Matters A. Application of This Rule This Rule applies whether the request for independent powers is made in the initial petition for appointment or by a subsequent petition. B. Standard of Proof The Court will not approve a petition for the grant of independent powers to a guardian or conservator except upon adequate showing that the particular power being requested is necessary and is for the advantage, benefit, and best interests of the estate. In ruling on the request, the Court will consider the circumstances of the case, the qualifications of the guardian or conservator, and the potential expense of further proceedings should the requested independent powers be denied. C. Sale of Residence A request for authority to sell the current or former residence of a ward or conservatee must include the information that is required by Probate Code §2540(b). D. Return and Confirmation of Sale When the independent power to sell real estate is granted, the sale must be returned to the Court for over-bidding and confirmation. E. Statement of Powers Any independent powers that are granted by the Court must be set forth at length in the Order and in the Letters. If the powers are granted by a subsequent order, or if independent powers already granted are withdrawn or limited, new Letters must be issued. Renumbered as Rule 9.21 effective January 1, 2022; originally adopted as Rule 15.21 adopted effective July 1, 2001; amended and/or renumbered effective July 1, 2004. 9.22 Bond in Guardianships and Conservatorships The Court ordinarily will fix bond in the amount permitted by Prob.C §2320 for a bond given under that section by an admitted surety insurer. However, upon a showing of good cause, the Court may increase or decrease the bond amount, and, if it appears likely that the conditions of Prob.C §2628(a) will be satisfied for the duration of the estate, the Court may dispense with bond. Renumbered as Rule 9.22 effective January 1, 2022; originally adopted as Rule 15.22 adopted effective July 1, 1996; renumbered effective July 1, 2004; amended effective July 1, 2009. 9.23 Conservator’s Handbook A. Purchase and Proof of Purchase Every conservator appointed by this Court, with the exception of those excluded by Rule 9.23.B, below, must acknowledge that they have received or accessed electronically the conservator’s handbook as adopted by the Judicial Council. Each conservator must file an Acknowledgment of Receipt of Handbook form (Judicial Council form GC-362) not later than five (5) days before the scheduled hearing on the petition for appointment of conservator. Failure to meet the requirement may result in the petition for appointment being ordered off calendar, and if the petitioner is the temporary conservator, it may result in the suspension of that person's powers as temporary conservator. (Subd A. amended effective July 1, 2024. B. Handbook Purchase Not Required The Public Guardian, corporate fiduciaries, banks, and other entities authorized to conduct the business of a trust company are not required to purchase the Conservator’s Handbook. Rule 9.23 amended and renumbered effective July 1, 2024; previously adopted as Rule 15.23.B adopted effective July 1, 1996; amended effective July 1, 2004 and January 1, 2019; previously renumbered as Rule 9:23 effective January 1, 2022. 9.24 Responsibility of Parents to Support Ward Because parents are required by statute to support their children, the Court will not permit the guardianship estate to be used for the ward’s maintenance where one or both parents are living, except upon a showing of the parent's financial inability to provide support (preferably evidenced by a Judicial Council Form FL-150 “Income and Expense Declaration”) or a showing of other circumstances that would justify the Court’s departure from this Rule; any departure must be in the best interests of the ward. Rule 9.24 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:24 effective July 1, 1996; renumbered effective July 1, 2004; amended effective January 1, 2029; previously renumbered as Rule 9:24 effective January 1, 2022. 9.25 Investments by Guardians A. Standards The standard set forth in Probate Code §16040(a), providing for investments by trustees, is the standard applied by the Court in authorizing proposed investments by guardians. The guardian should also consider the circumstances of the estate, the indicated cash needs of the ward, and the date of prospective termination of the guardianship. Investments by guardians must be prudent and in keeping with the size and character of the ward's estate. B. Unauthorized Investments Except upon a strong showing of good cause, the Court will not approve investment of the ward's funds in unsecured loans, secured loans to near relatives, or debenture bonds (except those which are part of a large issue and are well-seasoned and listed on an established securities exchange). 1) The Court will not approve investment of the ward's funds in bonds or obligations of foreign governments or corporations, whether payable in dollars or not. 2) In most instances, investment in real estate, either by purchase or encumbrance, will not be approved by the Court unless supported by an appraisal of the property, performed by the probate referee. Rule 9.25 renumbered effective July 1, 2024; previously adopted as Rule 15:25 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; previously renumbered as Rule 9:25 effective January 1, 2022. 9.26 Blocked Accounts in Guardianships and Conservatorships A. Time of Establishment A request to deposit funds of a guardianship or conservatorship estate in blocked accounts, for the purpose of reducing bond or otherwise, may be included in the petition for appointment or made in a subsequent petition. B. Type of Account All deposits into blocked accounts must be made into federally insured, interest-bearing accounts, with no maturity date unless otherwise ordered by the Court. If funds are to be placed in an account having a maturity date, the applicant and counsel are cautioned that funds must also be maintained in another account in an amount sufficient to pay reasonably foreseeable expenses (e.g., taxes) without incurring penalties or loss of interest. C. Maximum Amount of Deposits The initial deposit into any one blocked account must not exceed Ninety Thousand Dollars ($90,000). In no event may more than One Hundred Thousand Dollars ($100,000) be held in a single federally-insured depository. If it becomes necessary to transfer funds to an additional depository in order to comply with this Rule, prior approval of the Court is required. D. Proof of Deposit into Blocked Account Within 30 days after an order for deposit into a blocked account is signed by the Court, the trustee of the account must file a receipt from the depository, evidencing the ordered deposit. E. Withdrawals From Blocked Accounts 1) Court Order Required. Except when the terms of the order for deposit provide for automatic withdrawal by the minor upon attaining majority, withdrawals of principal or interest may not be made unless ordered by the Court. 2) Supporting Documentation. Every application for an order to withdraw funds from a blocked account must be verified. The following documents must be attached to the application: (a) a certified copy of the birth certificate of the minor, and (b) either (i) an updated savings passbook or a statement showing all deposits and withdrawals since the account was opened, or (ii) a letter from the depository identifying the account and setting forth the dates and amounts of all deposits and withdrawals, along with the current balance. 3) Consent of Minor. If the minor is fourteen years of age or older, he or she (as well as the guardian or trustee) must sign the petition. 4) Ex Parte Requests. A request for withdrawal from a blocked account may be made ex parte. 5) Parental Responsibilities; Withdrawals for The Payment Of Taxes. Except for withdrawals to pay taxes on a minor's funds, petitions for withdrawals ordinarily will not be granted if either or both parents of the minor are living and either is financially able to pay the requested expenditure. Except for petitions for withdrawals to pay taxes, a financial declaration by the parents or parent describing his, her, or their income and expenses must be attached to the petition (Judicial Council Form FL-150 is recommended). Also, a statement regarding the minor's employment and income, if any, must be attached to the application. Copies of bills, statements, or letters related to the request also must be attached. If the application is for payment of taxes on the minor's funds, copies of the applicable tax returns must be submitted with the petition, but must not be attached to the petition, and must be marked "confidential". 6) Withdrawal for Purchase of Vehicle. If the requested withdrawal is for the purchase of a vehicle, a copy of the proposed purchase/sale agreement must be attached to the petition; the agreement must show the type of vehicle, year, purchase price, and whether the payment will be made in full or in specified installments. Because the petition may be denied, a binding purchase/sale agreement must not be entered into before a court order is obtained. In addition to the aforesaid agreement, a casualty insurance quote must be attached to the petition; the quote must show that the minimum public liability coverage equals or exceeds the funds that will remain on deposit after the purchase, and the petition must identify the person or persons who will pay for the insurance. 7) Withdrawal for Medical Expenses. If the request for withdrawal pertains to medical care for an accident or other casualty, or for a legal matter, the petition must explain why the expense is necessary and why it is not covered by insurance or other resource. 8) Withdrawals for Reimbursement. If the request is for reimbursement for an expense already paid, then proof of payment (i.e., cancelled check or receipt) must be attached to the petition. Rule 9.26 renumbered effective July 1, 2024; previously adopted as Rule 15:26 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; previously renumbered as Rule 9:26 effective January 1, 2022. 9.27 Accounts of Guardians and Conservators A. Form The form of accounts shall conform to Probate Code §1060, et seq., and to Appendix 6 of these Rules. B. Multiple Accounts in Guardianships When a guardian accounts for the assets of more than one ward in the same proceeding, the accounting for each ward must be set forth separately. C. Final Accounts in Guardianships The Court does not favor the waiver of final accounts by the ward, and generally will not approve a final report when the account is waived unless the ward is present in court at the time of the hearing. D. Notice of Death to Director of Health Services Upon termination of a proceeding due to the death of the ward or conservatee, the final report and account must contain either an allegation that notice of said death was provided to the Director of Health Services (as required by Probate Code §215) or an allegation that no such notice is required. E. Order Dispensing with Accounting If it appears likely that the estate will satisfy the conditions of Probate Code §2628(a) throughout its duration, the Court may dispense with an accounting. Application for an order dispensing with accountings may be made at the time of the appointment of the guardian or conservator, or when the interim account is due. Rule 9.27 renumbered effective July 1, 2024; previously adopted as Rule 15:27 effective July 1, 1996; renumbered effective July 1, 2004; amended effective July 1, 2009; previously renumbered as Rule 9:27 effective January 1, 2022. 9.28 Change of Conservatee’s Address The conservator must notify the Court of any change of the conservatee's residence, within thirty (30) days of the conservatee's move, by filing a notice of change of address with the Clerk of the Court. Rule 9.28 renumbered effective July 1, 2024; previously adopted as Rule 15:28 effective July 1, 1996; renumbered effective July 1, 2004; previously renumbered as Rule 9:28 effective January 1, 2022. 9.29 Procedures Upon the Death of the Ward or Conservatee A. Required Notice to Court The guardian or conservator must notify the court, within thirty (30) days and in writing, of the death of the ward or conservatee. B. Termination of the Guardianship or Conservatorship Estate If the ward dies before reaching majority, or upon the death of the conservatee, the guardian or conservator must petition the Court to terminate the estate; and may, in conjunction with that petition, seek allowance for claims against the estate and for disposition of the estate if the estate is valued at less than $60,000 and can be disposed of pursuant to Probate Code Sections 13100 through 13111. If the provisions of §§13100 et seq. are utilized, the petition for termination and the final account must include a declaration, pursuant to Probate Code §13101, from each person entitled to distribution of the estate. Rule 9.29 renumbered effective July 1, 2024; previously adopted as Rule 15:29 effective July 1, 1996; renumbered as Rule 15:19.1 effective July 1, 2005; previously renumbered as Rule 9:29 effective January 1, 2022.
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.