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Introduction and contact information (6.1); calendar and procedural matters (6.2) - the probate, conservatorship and guardianship calendars posted on the court's website, the departments designated by the Presiding Judge, probate examiner notes through the case portal, the Regular Probate, Case Management, Guardianship and LPS calendars, hearing dates assigned at filing, stipulated continuances on Local Form PR-018 submitted no later than noon (12:00 p.m.) three (3) court days before the hearing, proposed orders and supporting papers, hearings and tentative rulings, contested matters, ex parte applications and stipulated petitions; decedents' estates (6.3); conservatorships - temporary conservatorships, required documents, independent powers, accountings, final distribution, limited and LPS conservatorships, the report of court appointed counsel (6.4); compensation of fiduciaries and attorneys (6.5); bonds and blocked accounts (6.6); sales of real property - overbids, commissions, disputes between agents or brokers (6.7); trust petitions (6.8); and guardianships - calendaring, the report of proposed guardian, investigations, petitions for visitation and tentative rulings on the guardianship calendar (6.9).
California > First Appellate District > Sonoma County > Superior Court of California, County of Sonoma
RULE 6 RULES APPLICABLE TO PROBATE, CONSERVATORSHIPS AND GUARDIANSHIP PROCEEDINGS 6.1 INTRODUCTION A. General The Probate Rules for Sonoma County Superior Court set forth local policies and procedures of the probate department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. Guidance on probate law and practice may be found in publications such as California Decedent Estate Practice, California Trust Administration, and California Conservatorship Practice, which are published by CEB Continuing Education of the Bar - California. These rules, although binding on parties, may be departed from in the discretion of the Court. B. Contact Information Website: For current contact information, tentative rulings, and the online probate calendars parties should refer to the court’s website at: www.sonoma.courts.ca.gov. All local forms referred to in this rule are available at and can be downloaded from the court website. One or more of the following resources may be helpful in matters presented to the Probate Court. 1. Clerk of the Probate Court: The mailing address of the Probate Clerk is 625 Administration Drive, Santa Rosa, CA 95403. The physical address of the Probate Clerk’s Office is 625 Administration Drive, Santa Rosa, CA 95403 (first floor). 2. Probate Court Examiner: The mailing address of the Probate Court Examiner is 625 Administration Drive, Santa Rosa, CA 95403. The email address is ProbateExaminer@sonomacourt.org. 3. Office of the Probate Court Investigator: The mailing address of the Office of the Probate Court Investigator is 625 Administration Drive, Santa Rosa, CA 95403. The email address is sci@sonomacourt.org. (Revised 1/1/2021, 1/1/2024, 7/1/2024, 7/1/2026) 6.2 CALENDAR AND PROCEDURAL MATTERS The current Probate, Conservatorship (including Limited Conservatorships), and Guardianship calendars are posted on the court’s website. (Click on the link to “Current Probate Calendars” on the probate page). A. General Guidelines 1. General Probate Matters The Presiding Judge of the Superior Court shall designate the departments to hear general probate matters. General probate matters will be calendared and heard at such times and places as shall be designated by the Presiding Judge. 2. Probate Calendar Day on Judicial Holiday When the date for the Regular Probate Calendar is a court holiday the calendar will be heard on a date and time as designated by the Supervising Judge of the Probate Division. 3. Probate Examiner Notes Probate examiner notes addressing compliance with or deficiencies in procedural matters are posted in many individual case types prior to the hearings. Parties may access probate examiner notes through the case portal on the Court’s website. (Rev. 1/1/2022, 1/1/2024, 7/1/2024) B. Calendaring Guidelines Calendaring information on the Regular Probate, Guardianship and Lanterman-Petris-Short (LPS) calendars may be found on the court’s website, at http://sonoma.courts.ca.gov/online-services/calendars/probate. 1. Regular Probate Calendar Matters Except as otherwise indicated in these rules, all probate petitions concerning the following are to be calendared for hearing on the Regular Probate Calendar: a. Decedent’s estates, b. Trusts, c. Conservatorships of the person and of the estate (other than LPS conservatorships unless there is an estate involved.) d. Guardianships of the estate. Petitions for appointment of a guardian of the estate only, and all petitions concerning the administration of an existing guardianship of the estate, are to be calendared for hearing on the Regular Guardianship Calendar. e. Special Needs Trusts. All petitions for an order approving a Special Needs Trust or for an order directing payment or delivery of any property or funds to a Special Needs Trust, pursuant to Probate Code §§3602,3611, or other authority, shall be scheduled for hearing on the Regular Probate Calendar. When such a petition is a first-filed paper or arises out of a civil matter not pending before the Probate Court, the petition shall be filed with the Probate Clerk as a new case and given a new case number. 2. Case Management Calendar a. Matters are set on this calendar by the Court only and are generally uncontested or for status only. b. Case management statements are not required to be filed; however, any written updates may be filed as a statement of issues at least five (5) Court days before the hearing. 3. Petitions for Guardianship of the Person and Estate Petitions for the appointment of the guardian of the person and estate are to be calendared for hearing on the Guardianship Calendar. 4. LPS Calendar All matters involving proceedings under the Lanterman-Petris-Short Act are to be calendared on the LPS Calendar. (Rev. 7/1/2023, 1/1/2024) C. Filing, Hearing, and Continuance Procedures All petitions and supporting documents in matters to be heard on the probate calendar shall be filed with the Probate Clerk. 1. Procedure for Obtaining a Hearing Date In all matters, petitioners will be assigned a hearing date from the probate clerk at the time of filing. 2. Procedure for Obtaining a continuance (This rule does not apply to Trial Dates) a. Stipulated Continuance Form: Stipulated continuances for any matter set on the regular Probate calendar will generally be granted a maximum of two (2) times per pending petition or application for relief and for not more than a total of six (6) months’ time from the date the matter was first set for hearing. To request one of the two stipulated continuances, a NOTICE OF STIPULATED CONTINUANCE (PROBATE) (Sonoma County Local Form PR- 018) executed by all parties or their attorneys and the continuance fee must be submitted to the probate clerk no later than noon (12:00 p.m.) three (3) court days prior to the hearing date. Electronic signatures are acceptable. The probate clerk will continue the hearing to the date selected by the parties if available based on calendar availability. If the selected date is not available, the probate clerk will continue the matter to the next available probate calendar based on calendar availability. b. Continuance Requested at Hearing: Requests for continuances may be made at the hearing and may be granted in the discretion of the Court. c. Limitations on Continuances: Generally, no more than two continuances will be permitted before the matter is dismissed without prejudice. D. Submission of Proposed Orders and Other Pleadings Before Hearing Date Proposed orders shall be submitted to the Probate Clerk’s Office at the time of filing the petition. If a self-addressed, pre-paid envelope is included or paid for at the time the order is submitted with appropriate photocopy charges, the clerk will return a file endorsed copy by mail. 1. Supporting Papers Supporting papers shall be filed at the time of filing the Petition, except as otherwise provided in the Probate Code or these Local Rules. 2. Proofs of Service Proofs of Service for the initial petition shall be filed with the Clerk at least five (5) days prior to the day of hearing. Any other Proofs of Service shall be filed with the Clerk contemporaneously with the papers to which they pertain. 3. Proofs of Publication Proofs of Publication shall be filed with the Clerk at least five (5) days prior to the day of hearing. (Rev. 1/1/2020, 1/1/2021, 7/1/2024, 7/1/2026) E. Hearings and Tentative Rulings 1. Notices of Hearing Notices of hearing on cases scheduled for hearing on the Regular Probate Calendar shall indicate the time for the commencement of the calendar. 2. Tentative Rulings – Regular Probate Calendar During the court day preceding each weekly Regular Probate Calendar, by approximately 2:00 p.m., the Court will issue a tentative ruling for each matter noticed on such calendar. The tentative ruling may be obtained online on the court’s website at www.sonoma.courts.ca.gov between the hours of 2:00 p.m. and 4:00 p.m. on the day before the hearing (Click on the “Online Services” tab on the home page, select “Tentative Rulings” in the drop-down menu, and then click on the link to “Probate”). The Tentative Rulings will also be posted outside the probate department the day of the hearing. For tentative rulings by phone, please call (707) 521-6607. a. Parties who do not object to the tentative ruling need not appear at the hearing, unless the ruling requires appearances, or another party has requested a hearing pursuant to the procedure in subdivision (b) below. b. Any interested party who wishes to be heard in relation to the tentative ruling must call 707-521-6893 and leave a brief message that includes the name and telephone number of the party calling and the case name and number. Any interested party who wishes to be heard in relation to or opposition to a tentative ruling must also notify the attorneys for all represented parties as well as all unrepresented parties of their intent to appear. Notifications to the court and all attorneys and unrepresented parties must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing. c. Unless notification has been given as provided in (b), above, the tentative rulings shall become the rulings of the Court, on the day of the hearing. Signed orders on approved matters are generally available at the Probate Clerk’s Office within hours after the hearing and are not immediately available after the hearing. 3. Appearances No appearances are required for pre-approved matters unless an interested person has asked to be heard in response to the tentative ruling and has given the required notice of such a request. (Rev. and Renumbered 1/1/2024, Rev. 7/1/2024) F. Contested Matters 1. Written Objections a. Before the Court will conduct a hearing in any contested proceeding, the party(ies) opposing or objecting to a petition, accounting or other matter scheduled for hearing shall file verified, written objections specifying the grounds for such objection or opposition. If oral objections are made at a hearing, the court may continue the matter in order to have the objections submitted in writing. This rule does not apply to matters coming before the court under the Lanterman-Petris-Short Act. b. Interested persons who oppose the granting of a petition for appointment of a guardian are encouraged to use Sonoma County form PR-9 (Objection(s) to Appointment of Guardian of the Person) to file objections. 2. Meet and Confer Requirement In the event of any contest or objection to any petition on the probate calendar, the parties or their respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference, before any hearing of the contested petition. If such resolution is not possible, then each party shall file a Statement of Issues as provided in 3, below. 3. Statement of Issues or Settlement At least seven (7) court days before the hearing, each party shall either (1) notify the Probate Clerk in the Superior Court Clerk's Office or the probate department that the controversy has been resolved; or (2) file and serve the Statement of Issues. Each Statement of Issues must: a. Indicate that the parties or their respective attorneys have met face-to-face or, if that is not possible, have participated in a telephone conference to discuss the issues in dispute, b. identify the substantial issues in the controversy, with references to any supporting evidence and/or legal authority, c. include each party’s opinion of any barriers to settlement, d. provide an estimate of the time requirement for the hearing or resolution, e. include each party's opinion as to the appropriate method for resolving the controversy (i.e., mediation, arbitration, short cause trial, etc.). 4. Contested Matters on Probate Calendar When the hearing on a contested matter is estimated to be 20 minutes or less, the hearing will be held before the Probate Judge on the Regular Probate Calendar if time permits. Otherwise, the matter will be set for an extended hearing. 5. Transfer to Trial Calendar If the hearing on a contested matter is estimated to exceed twenty (20) minutes or a jury trial is demanded, and counsel appear at the probate calendar, the matter may be transferred to the short cause calendar or may be assigned directly to one judge for all purposes. (Rev. 1/1/2021, 7/1/2024) G. Ex Parte Applications and Stipulated Petitions 1. Ex Parte Procedure a. Same Day Ex Parte Matters If a party has reason to believe that an order is urgently needed to prevent irreparable harm or immediate danger to person or property, that party may file a Same Day Ex Parte application for relief. Filing fees must be paid, and in the event a new case is being commenced a case number must be assigned, before a party presents any application for ex parte relief. An order granting or denying a Same Day Ex Parte matter is generally available for pickup at 2:00 p.m. on the day it is presented. b. Drop-Off Ex Parte Matters Ex Parte Applications not based on an urgent need to prevent irreparable harm or immediate danger to person or property may be submitted to the Court as a “Drop-Off Ex Parte Matter” where otherwise authorized by statute, Rules of Court, court order, or these rules. All Drop-Off Ex Parte Matters must include “Drop-Off Ex Parte Matter” on the caption. Failure to include “Drop-Off Ex Parte Matter” on the caption will cause the pleading to be reviewed as a Same Day Ex Parte application and will be denied if it does not meet the standard for a Same Day Ex Parte application. The following matters are expressly authorized to be presented as Drop-Off Ex Parte Matters: i. Approval of a stipulation, including a stipulated petition to approve settlement agreement; ii. Petitions for letters of special administration; iii. Stipulated applications for a continuance of a hearing or trial; iv. Matters authorized to be presented to the court ex parte by statute or Rules of Court (with citation to authorizing statute or Rules of Court); v. Requests to advance a hearing date and/or shorten time; vi. Applications to correct an order; vii. Applications to increase bond; viii. Petitions to appoint a guardian ad litem; ix. Petitions for final discharge and order; x. Petitions for allowance or rejection of a creditor’s claim (by attorney or personal representative); or xi. Petitions requesting court appointment of counsel. xii. Petitions for appointment of successor trustee where all parties consent and waive notice. The ex parte petition for appointment of successor trustee must address the issue of bond, even if Petitioner’s position is that no bond is required, and must specifically address the legal basis for appointing the proposed trustee under California Probate Code § 15660, et seq. The Court does not consider a Probate Code § 850 Petition (Heggstad petition), Probate Code § 15403 or § 15409 petitions as drop off ex parte matters. The Court may, with a sufficient showing of exigency per California Rules of Court, Rule 3.1202(c), consider such as an emergency same day ex parte, presuming they are also accompanied by waiver(s) of notice and consent(s). An order granting or denying a Drop-Off Ex Parte Matter is generally available for pickup at 2:00 p.m. on the day which is five (5) court days after it is presented. c. Hearing May be Required The Court may deem that any matter presented on an ex parte basis, whether opposed or unopposed, requires a hearing. If a hearing is required, the matter will be set by the Court on the regular probate calendar on a date chosen by the Court. The Court may shorten time or overset an existing probate calendar on its own motion if it deems such is necessary. If a hearing is required, the party presenting the ex parte application will be notified of the date and time of the hearing and that party shall be required to provide notice of the date and time to all parties entitled to notice within two (2) court days thereafter, unless otherwise ordered by the Court. 2. Timing of Ex Parte Matters Applications for ex parte relief are accepted Monday-Friday and reviewed in chambers. No personal appearance is required to request or oppose an ex parte matter. The application and all supporting documents must be filed with the Sonoma County Court Clerk’s Office, Probate Division, before 10:00 a.m. to be considered presented on that day. The judicial officer may decline to consider untimely applications on the merits. Papers in opposition to an ex parte matter must also be filed with the Sonoma County Court Clerk’s Office, Probate Division, by 10:00 a.m. on the day the ex parte application is presented. 3. Contents of Application and [Proposed] Order An application for any ex parte order must be verified and must contain sufficient evidentiary facts to justify the issuance of an order. Conclusions or statements of ultimate facts are not sufficient, and a foundation must be shown for the declarant’s personal knowledge. Except where a Judicial Council or local form that includes an order is used, an application for an ex parte order must be accompanied by a separate order which is complete in and of itself and which specifies all relief ordered by the Court. For example, it is not sufficient for such order to provide merely that the application has been granted, or that the sale of property set forth in the petition has been approved. 4. Notice and Special Notice Unless otherwise expressly provided for by applicable statute or rule of court, the form and content of notice to all interested parties and parties who requested special notice shall be provided in accordance with the California Rules of Court applicable to civil ex parte matters, including timely notice of the date, time, and place for the presentation of the ex parte matter. The application must be accompanied by a declaration identifying all persons entitled to notice under the applicable sections of the Probate Code, California Rules of Court (including special notice), or these rules, and it must evidence compliant notice or set forth the facts and legal authority upon which the applicant requests an order dispensing with notice. 6.3 RULES REGARDING DECEDENTS’ ESTATES A. Duties and Liabilities of Personal Representative The Sonoma County Superior Court does not require filing of the Confidential Supplement to Duties and Liabilities of Personal Representative, as authorized in Probate Code § 8404(a). B. Continuance to Permit Filing of Contest When a petition for the probate of a Will is called for hearing and an attorney or party appears and orally objects and declares that a written contest will be filed, the Court may continue the hearing for a reasonable length of time with the condition that if such written contest has not been filed prior to the continued date, the hearing will proceed as if no objection had been made by said attorney or party, unless the court finds good cause exists for a further continuance. C. Estates with Pour-Over Wills When the beneficiary of a will is the trustee of a trust, Item 8 of the Petition for Probate shall identify all trustees and all beneficiaries of the trust by name and by stating whether each individual is a trustee or a beneficiary. D. Claims of Personal Representative and Attorneys of Record 1. Noticed Hearing A noticed petition for approval of a creditor's claim of the personal representative or of their attorney of record is required, except as provided below. All parties must receive at least fifteen (15) days’ notice of the hearing. The creditor's claim shall be complete with approval signed by all personal representatives in the proceeding. 2. Ex parte approval A petition and creditor's claim for any of the following claims that comply with the above rule (except for the fifteen (15) day notice requirement) may be presented and considered by the court ex parte. a. The claim is for reimbursement of funeral and last illness expense, and proof of payment is attached to the claim; b. The claim, together with all other claims of that personal representative or attorney, except for reimbursement of funeral and last illness expenses, is less than $2,500.00; c. A written approval signed by all persons whose interest might be affected by the approval is attached to the claim; d. The personal representative has complied with the provisions of the Independent Administration of Estates Act with respect to the proposed payment of said claim; or e. A claim is for an amount certain and based upon a prior court order, which is attached to the creditor's claim. E. Content of Orders of Distribution Every order of distribution, whether or not an accounting has been waived, must set forth specifically the manner in which the estate is to be distributed by showing each distributee’s name and a description of the property, including the full legal description and assessor’s parcel number for real property, and the amount of cash (as of a date certain) to be distributed. Descriptions must be complete and must not require reference to the petition or to any extrinsic document. F. Accountings 1. General Format Accounting format details and contents shall be in strict conformance with California law, including but not limited to the Probate Code and California Rules of Court. 2. Supplemental and Amended Accounts A supplemental account in a decedent's estate shall include only receipts and disbursements occurring since the ending date of the last filed account. Generally, a supplemental account is not to be used to amend or correct the last filed account. An amended account may be filed to amend or correct such last account. Any supplemental or amended account shall be noticed for hearing unless the Court by order dispenses with notice. G. Reserves After Final Account If a petition for final distribution requests a reserve in an amount greater than $2,500, the petition shall include a statement specifically describing the need for the reserve amount. The statement shall include an estimate of the amount of costs, taxes, or other expenditures for which the reserve is requested. (Renumbered 1/1/2021) H. Spousal Property Petition/Succession to Real Property Petition 1. The petition must identify and present evidence of the current vesting, title, and character (community property or separate property) of each asset. 2. Where the petition affects title to real property, a copy of the deed(s) showing vesting at the decedent’s date of death or at the time of filing of the Petition for a Particular Transaction pursuant to Probate Code § 3100 et seq. must be attached to the petition. (Eff. 7/1/2021) 6.4 CONSERVATORSHIPS A. Temporary Conservatorship Where the petitioner believes that the proposed conservatee will suffer harm or substantial loss prior to the hearing date on the Petition for Appointment of Probate Conservator, the petitioner may also file a Petition for Temporary Conservatorship. In all such cases, the Petition for Appointment of Probate Conservator must first be on file in the Clerk’s Office and a case number must be issued before a Petition for Temporary Conservatorship will be heard. 1. Regular Notice: Normally, a Petition for Temporary Conservatorship will be set for hearing at the time normally set aside for probate matters allowing for at least ten (10) days’ notice of the petition. 2. Emergency Circumstances Ex Parte Application: In very rare circumstances where the proposed conservatee is in immediate and grave danger of physical or irreparable financial harm, petitioner may notice the Petition for Temporary Conservatorship to be heard on the ex parte calendar. B. Required Documents in Conservatorship Cases In addition to the pleadings and papers normally required in a conservatorship matter, the following special instructions apply: 1. Appointment of Public Defender The Sonoma County Public Defender is appointed, by this rule, to represent the proposed conservatee in all initial conservatorship cases without prejudice to a substitution of counsel of the proposed conservatee’s choosing. No additional order is required. 2. Appointment of Court Investigator The Sonoma County Court Investigator shall be appointed, by this rule, for all conservatorship cases (excluding LPS conservatorships). No additional order is required. 3. Conservatorship Handbook The required DUTIES OF CONSERVATOR AND ACKNOWLEDGMENT OF RECEIPT OF HANDBOOK (Judicial Council Form GC 348) shall be submitted with the first filed Petition for Appointment of Probate Conservator. The HANDBOOK FOR CONSERVATORS is available at: https://www.courts.ca.gov/documents/handbook.pdf. 4. Notification of Change of Contact Information Any time the conservator or guardian or the conservatee or ward has a change of contact information, the Notice of Change of Address or Other Contact Information shall be filed and served on the Office of the Probate Court Investigator. (Judicial Council Form MC-040) 5. Confidential Contact Information Form The Confidential Contact Information Form must be filed with all petitions for any of the following: appointment of a conservator, including appointment of temporary, successors or co-conservators, all petitions for approval of accounts of a conservatorship estate, and when filing a waiver of account. The Confidential Contact Information Form shall be marked as “CONFIDENTIAL”. (Sonoma County Local Form PR-12). (Rev and renumbered 7/1/23, Rev. 1/1/2024, 1/1/2025) C. Independent Powers under Probate Code § 2591 et. seq. The provisions of this section apply both to conservatorship and guardianship matters. For simplicity only, the terminology for conservatorships is used. 1. Necessity Required The conservator of the estate has broad powers to act for the conservatee's benefit under the Probate Code. The Court will generally limit a grant of Independent Powers under Probate Code § 2590 et seq. to specific factual situations where necessity requires independent powers. 2. Special Rules for Independent Powers The following rules shall apply to all cases involving requests for independent powers, except LPS conservatorships: a. Temporary Conservatorship of the Estate: Independent powers will be granted in a temporary conservatorship of the estate only in unusual situations upon a showing of good cause. b. Factual Showing: Any request for independent powers shall be accompanied by an affidavit or declaration setting forth the facts which explain why: (1) the power requested is needed to administer the estate or protect the conservatee; and (2) granting such power would be to the advantage, benefit and in the best interests of the estate and the conservatee. c. Specific Enumeration of Powers: Each power must be described in detail. Quoting the specific language of the subsection enumerating the requested power is preferred. It is not sufficient to incorporate by reference Probate Code § 2591 in the petition. d. Real Property Description: Where the power to sell real property is requested, the request shall describe the real property to be sold by the street address or legal description, and whether or not the property is the conservatee's home or former home. The notices of the request shall include the street address. e. Court Confirmation of Real Property Sales: Where the independent power to sell real property is granted, the Court will normally require the sale be returned to the court for confirmation. This requirement may be waived by the Court upon showing of good cause. f. Enumerated Special Powers in Order and Letters: Any special powers granted must be set forth in detail in the Order and in the Letters of Conservatorship. In addition, if the power to sell real property has been granted, the Order and Letters shall describe the property to be sold by street address or legal description, and whether court confirmation of the sale is required. (Renumbered 1/1/2024) D. Conservatorship/Guardianship Accountings 1. Format A standard accounting lists receipts and disbursements in subject-matter categories, with each receipt and disbursement category subtotaled. Accounts of conservators and guardians shall be filed as a standard accounting unless prior court approval is sought and obtained to file a simplified accounting. The Summary of Account for all accountings must be filed on the mandatory Judicial Council form GC-400 (SUM)/GC-405 (SUM). 2. Adequacy of Bond Reports of conservators and guardians shall state the total amount of the current bond and whether additional bond is necessary. The report shall set forth the calculation of the minimum bond amount, including the amount for recovery. Each report should also specify any blocked bank accounts or assets and the current value of any such assets. Any significant changes in the value of assets should be reported, together with the effect on the adequacy of the bond. 3. Requests for Extension of Accountings Extensions to file accounts in conservatorships and guardianships may be approved at the court’s discretion. When requesting an extension, the conservator/guardian shall do so by filing an ex parte application and declaration in support of the extension as an “Order on Matter Not Requiring a Hearing” under the applicable Local Rule. 4. Original Account Statements in Conservatorship and Guardianship Matters Wherever the Probate Code or these rules require the filing of original financial account, billing and/or escrow statements, such statements will be “lodged” with the clerk and not filed. All persons required to file documents electronically under these Local Rules shall confidentially lodge the documents through the e-filing system. A pleading caption page must be page one, and the first chronological statement of each financial institution shall be bookmarked separately. If multiple e-filing envelopes are required, please make a note in the comments box. Original scanned papers must be retained and delivered to the Court for inspection upon request. Persons not mandated to electronically file may still do so or deliver paper copies to the Court for filing. When paper documents are lodged, the documents must not be bound and must be contained in a 9” x 12” (or larger, if necessary) envelope. The envelop shall be prominently marked as “CONFIDENTIAL” and display the case title, number, and a brief description of the contents. If requested, original papers will be returned to the filer after the Court’s determination of the account becomes final. In that case, the fiduciary must submit a self-addressed envelope of sufficient size and with adequate postage affixed to return the documents by mail at the time of lodging. However the documents are submitted, the documents shall be organized by account and then chronologically for each account. If the document exceeds a hundred pages, an index should be included. 5. Waiver of Accounts a. General Rule: Except as noted below, no request or petition for waiver of any account or final account (upon the death of the conservatee or minor) in any conservatorship or guardianship will be approved. b. Small Estates: Waivers of Account in conservatorships and guardianships may be approved for small estates at the court's discretion under the provisions of Probate Code § 2628. This will be a noticed hearing. c. Guardianship Final Account Waivers: Waivers of final guardianship accounts on termination are discouraged. Where the ward waives the final account, the court may require the ward to be present at the hearing. E. Final Distribution in Conservatorships and Guardianships. 1. Investigator's Assessment on Final Accounting Prior to the filing of a Petition for Termination of a conservatorship, counsel shall contact the Court Investigator to determine the Court Investigator's assessment of the conservatorship estate for services rendered. A request to pay the assessment and the amount of the assessment shall be included in the petition and final account and order thereon. 2. Small Estates If the value of the conservatorship/guardianship estate does not exceed the amount determined under Probate Code § 13100 and distribution is intended by affidavit procedure pursuant to Probate Code § 13101, notice of hearing, a copy of the final account and report of the conservator/guardian, and a copy of the petition for final distribution shall be served on the successor(s) of the deceased conservatee/ward. 3. Other Probate Estates In all other cases, a petition for final distribution upon the death of conservatee or ward shall be approved only after appointment of a personal representative of the estate of the conservatee/ward. The final account and petition for distribution of the conservator/guardian shall identify the personal representative and the court and case number of the probate proceeding for the deceased conservatee/ward. Notice of hearing, a copy of the final account and report of conservator/guardian, and a copy of the petition for final distribution shall be served on the personal representative of the estate of the deceased conservatee/ward. F. Limited and LPS Conservatorships 1. Limited Conservatorship Filings Every conservatorship involving a developmentally disabled proposed conservatee shall be filed as a limited conservatorship proceeding. 2. Disclosure of Developmental Disability The involvement of a developmentally disabled conservatee shall be clearly set forth in all conservatorship and guardianship petitions and accountings. 3. Limited Conservatorships Regional Center a. Calendar Setting if Regional Center Report Required: Any conservatorship proceeding requiring a Regional Center report shall be set at least thirty (30) days after mailing notice of the proceeding to the Regional Center, to allow the Regional Center report to be filed prior to the hearing. b. Regional Center and Public Defender Appointment: The Order Appointing Regional Center (Sonoma County Local Form PR-4) may be utilized to facilitate ordering the Regional Center report and appointment of the Public Defender to represent the conservatee. Such orders shall be submitted with the initial Petition. 4. Review of General Conservatorships In existing general conservatorships involving a developmentally disabled conservatee the court may direct that a new petition for conservatorship be filed under the limited conservatorship code provisions. 5. Accountings Any accounting required in LPS or limited conservatorship matters shall comply with accounting requirements in other Sonoma County conservatorship estate matters unless otherwise directed by the court designated to hear the LPS calendar. 6. Closed Status of Reports Reports by a Regional Center and the Office of the Probate Court Investigator, and other documents or materials containing sensitive information filed in LPS and limited conservatorship hearings, shall be maintained in a confidential status in the case file with disclosure only to authorized persons pursuant to Court order. (Eff. 1/1/1997; Rev. and renumbered 1/1/2021; Rev. 7/1/2021, Renumbered 1/1/2024, Rev. 7/1/2024, 1/1/2025) G. Report of Court Appointed Counsel in Conservatorship Matters Report of Court Appointed Counsel in conservatorship matters shall include, at a minimum: 1. The number and length of visits to the proposed conservatee, and whether the visits were in-person or held in another manner (in person visit(s) are preferred if possible); 2. Whether other individuals were present during visits with the proposed conservatee, and, if so, who; 3. Other individuals or documents consulted in counsel’s investigation of the facts and counsel’s opinion of the merit of any claims of such parties for and against the conservatorship, so far as consistent with counsel’s ethical obligations to the client (if there are individuals in favor of the conservatorship and others opposing the conservatorship, counsel is expected to consult with at least one individual representing each such position); 4. The proposed conservatee’s wishes, desires, concerns, and objections, if any; and 5. Whether the attorney currently represents, or has previously represented, the conservator or proposed conservator. (Eff. 1/1/2022) 6.5 COMPENSATION OF FIDUCIARIES AND ATTORNEYS A. Fees and Commissions in General All requests for compensation of fiduciaries and attorneys in decedent’s estates, guardianship, conservatorship and trust proceedings shall be submitted in strict compliance with the Code of Civil Procedure, Probate Code, California Rules of Court, and these local rules. B. Fees for Extraordinary Services in Decedents' Estates 1. General Rule Each request for fees for extraordinary services will be considered on its individual merits. Such services may include, but shall not be limited to, leases and foreclosures of real property, tax matters (including preparation of returns, audits and tax litigation), operating a business, heirship proceedings, special services that may be necessary for the personal representative or attorney to perform, and those matters specifically mentioned in the California Rules of Court. 2. Determination of Entitlement and Amount In addition to the factors set forth in California Rules of Court, the Court may consider the following factors, among others, in exercising its discretion in any application for fees for extraordinary services: a. Time devoted to the matter categorized by subject matter of services provided. The Court must be provided with a statement of facts containing sufficient information in order to enable it to analyze the reasonableness of the rate and the amount of time devoted to the matter. Detailed time records may be provided to support the statement of facts but are not required in all cases. b. The benefits of the services to the estate. It is recognized that the representative or their attorney may occasionally be under a duty to pursue certain matters which do not provide a financial gain to the estate. Such services may nevertheless be compensable. c. Whether if the service was not performed by the attorney or personal representative, the exceptional services would have been performed by an independent professional, and the reasonable expected cost of such independent services. 3. Service of Petition for Compensation In addition to other papers required to be served, copies of any petitions requesting allowance of fees or commissions for extraordinary services in decedents’ estates shall be served on all persons entitled to receive notice of the hearing on the petition (except beneficiaries of specific gifts whose interests are not affected by the compensation requested). C. Compensation of Conservators, Guardians and Their Legal Counsel 1. Court Appointed Counsel for Conservatees Hourly rates for court appointed counsel for conservatees will be set at the time of appointment. 2. Allowance of Fees Each request for fees in guardianship and conservatorship matters will be considered on its individual merits. 3. Factors in Allowing Compensation In addition to the factors set forth in California Rules of Court, the Court may consider the following factors, among others, in exercising its discretion in any application for fees for services: a. Time devoted to the matter categorized by subject matter of services provided. The Court must be provided with a statement of facts containing sufficient information in order to enable it to analyze the reasonableness of the rate and the amount time devoted to the matter by each person whose time is charged. Time records may be provided to support the statement of facts but are not required in all cases. However, if the court has questions about fees, time records may be requested. To avoid delay in approval of fees, counsel may want to submit time records at the time of filing their fee request. b. The quality and extent of the services performed. c. The responsibility assumed and exercised. d. In a final account, a reasonable estimate of work and time to complete estate affairs and distribution. 4. Attorney Representing Conservatee or Ward An attorney representing the conservatee or ward may file a petition for fees at any time after the hearing on the petition for appointment of probate conservator or guardian. D. Reimbursement of Costs in Conservatorships and Guardianships 1. Allowed Reimbursements Allowable reimbursement of reasonable costs that benefit the conservatorship estate include, but are not limited to: a. Court Clerk’s fees; b. Newspaper publication fees; c. Surety bond premiums; d. Appraisal fees; e. Extraordinary photocopies involving large numbers of pages, not to exceed $0.25/page; f. Extraordinary Postage: i. certified mail fees; and ii. foreign mailings. g. Photocopies and postage costs must typically be itemized; however, up to a total of $100.00 in “miscellaneous copy and postage costs” may be approved without itemizing. 2. Not reimbursable The following costs are considered part of normal overhead and may not be reimbursed absent a showing of special circumstances: a. Routine photocopies and postage; b. Secretarial time and paralegal time for secretarial services; c. Local telephone calls; and d. Local mileage and parking 3. Reimbursed Only in Court’s Discretion The following costs may be reimbursed in the Court’s discretion: a. Unusually large costs for photocopies and postage; b. Substitutes for U.S. Postal Service (Federal Express, UPS, etc.); c. Long distance telephone; d. Travel outside of Sonoma County; e. Parking fees incurred when traveling outside of Sonoma County; and f. Other costs found to be extraordinary. (Eff. 1/1/1997; Rev. 1/1/2015; 1/1/2016; 1/1/2019, 7/1/2024) 6.6 BONDS A. Increasing or Decreasing Bond Amount The fiduciary may normally petition to increase or decrease the required amount of bond on an ex parte basis, using the procedure for obtaining an "Order on Matter Not Requiring Hearing". Where objections to the amount of bond are expected, the petition should be noticed for hearing on the regular probate calendar. B. Use of Blocked Accounts A fiduciary shall evaluate whether holding liquid assets in blocked accounts with financial institutions would be advantageous to the estate and request authorization for such holdings, where appropriate. C. Waiver of Bond in Conservatorships and Guardianships The Court generally will not waive bond for conservatorships or guardianships except in the following circumstances: 1. Conservator Spouse of Conservatee Where the conservator is the spouse of conservatee, all or most of the property of the conservatee is shown to be community property, to the Court's satisfaction, and the community property is to be excluded from estate administration. 2. Conservatee Waiver In cases where the conservatee grants consent, as a competent individual, to waive bond. 3. Small Estates In small estates as defined in the Probate Code. D. Reducing Bond Through Use of Blocked Account. 1. Issuance of Letters Where assets are to be placed in a blocked account, the fiduciary shall file the Receipt and Acknowledgment of Order Restricting Release of Property of the Financial Institution within thirty (30) days of issuance of Letters. Sonoma County Local Form PR-5 is available for this purpose. Proposed orders pertaining to blocked accounts should contain appropriate language to allow deposits in conformance with the Probate Code and Financial Code § 158. 2. After Appointment Bond may be reduced at any time after appointment by an ex parte petition and order reducing bond, together with the Receipt and Acknowledgment of Order Restricting Release of Property of the Financial Institution showing that assets have been deposited. Such a petition must set forth the total assets of the estate and designate those held in blocked accounts. The reduced bond must satisfy the minimum bond requirements. Such a petition may be presented as an “Order on Matter Not Requiring Hearing”. 3. Direct Transmittal to Financial Institution If the assets to be deposited are in the possession of a financial institution other than the named financial institution, the order should direct the entity in possession to deliver such assets directly to the named financial institution and further direct the financial institution, on receiving such assets, to issue its receipt and agreement to the fiduciary, who shall forthwith file the same with the Court. 4. Withdrawals or Releases from Blocked Accounts An application for an order authorizing release of assets from a blocked account may be submitted ex parte as an “Order on Matter Not Requiring Hearing”. The petition should set forth the approximate value of the assets on hand, the approximate value of all assets in blocked accounts, the amount of the existing bond and the purpose for which the withdrawal is requested. E. Discharge of Bond and Exoneration of Surety 1. Bond shall not be discharged and surety exonerated until all Receipts on Distribution have been filed with the Court. 2. The guardian of the estate shall maintain the guardianship bond during the one (1) year period that commences when the ward reaches the age of majority. The Order terminating the guardianship of the estate may include an authorization to retain a reserve for payment of the bond premium for the additional one year period and related fees and costs. The Order terminating the guardianship of the estate may recite that the bond is discharged and the surety on the bond exonerated on the date that is one (1) year after the ward’s 18th birthday, unless suit has been filed within that one (1) year period. (Eff. 1/1/1997; Rev. 1/1/2003, 1/1/2010, 7/1/2010, 01/01/2015, 7/1/2024) 6.7 SALES OF REAL PROPERTY A. Overbids in Court Confirmation of Sale When there is successful overbid in open court on a sale of real property, counsel must complete the "Increased Bid in Open Court" form (Sonoma County Local Form PR-14), and the successful bidder must sign and file the same. The order will not be signed unless the form is filed. Copies of the Increased Bid in Open Court form will be available in the Probate Department when a sale of real property is on calendar. B. No Commission -- Special Situations No real estate commission shall be allowed or credited to or for the benefit of a personal representative or fiduciary in the subject probate proceeding who is a licensed real estate broker or salesperson in any probate sale of real property in the proceeding, directly or indirectly. The petition for confirmation of sale shall state any known claim of the personal representative, fiduciary or purchaser to all or any part of the proposed real estate commission, directly or indirectly. C. Disputes Between Agents or Brokers Regarding Compensation Should a dispute arise between agents or brokers seeking compensation upon the sale of real property under the purview of § 10161 and/or §§ 10162.5 through 10166 of the Probate Code, there shall be a separate evidentiary hearing to resolve the dispute. Before the hearing the agents or broker, or their respective attorney, shall "meet and confer" (face-to-face) in a reasonable and good faith attempt to resolve the dispute, informally or by other means, and notify the court of the results at least two (2) court days before the hearing. The sale of real property may be confirmed at the hearing on the sale and need not be delayed by virtue of any dispute for compensation by or between real estate agents or brokers. D. Contracts With Broker or Agent Any application for order approving an exclusive listing agreement with a real estate broker or agent shall include a completed copy of the proposed written listing as an attachment. Such application may be submitted ex parte as an “Order on Matter Not Requiring Hearing” as described in Sonoma County Local Rule 6.2.I. (Eff. 1/1/1997; Rev. 1/1/1999, 7/1/2010, 01/01/2015, 7/1/2024) 6.8 TRUST PETITIONS A. Trust Instrument For every petition filed pursuant to Division 9 of the Probate Code, the petition must include a copy of the entire trust instrument(s) relevant to the action, including all amendments thereto, and all attachments, schedules, and exhibits. B. Accountings: Required Form of Accounts Accountings should conform to the requirements set forth in this rule and with Probate Code §§ 1060-1064. Accountings are designated as either standard or simplified. A standard accounting lists receipts and disbursements in subject-matter categories, with each receipt and disbursement category subtotaled. A simplified accounting lists receipts and disbursements chronologically, by receipt or payment date, without subject-matter categories. All trustees must file standard accountings unless prior court approval is sought and obtained to file a simplified accounting. If an item is not self-explanatory, an explanation must appear either in the accounting or in the report accompanying the accounting. The Court reserves the right to require supplemental supporting documentation, including financial statements of the type described in Probate Code § 2620 as well as California Rules of Court, Rule 7.575, if deemed necessary by the Court. C. Wherever the Probate Code or these rules require the filing of original financial account, billing or escrow statements in support of a trust accounting, such statements will be “lodged” with the clerk in the manner provided in Sonoma County Local Rule 6.4(D)(4), and not filed. (Rev. 7/1/23, 1/1/2025) 6.9 GUARDIANSHIPS A. General The Guardianship Rules for Sonoma County Superior Court set forth local policies and procedures of the guardianship department. These rules do not attempt to restate or summarize statutory or case law in general. Guidance on guardianship law and practice may be found in publications such as California Guardianship Practice which is published by CEB Continuing Education of the Bar - California. These rules, although binding on parties, may be departed from at the discretion of the Court. B. Calendaring Guidelines Calendaring information on the Guardianship calendars may be found on the court’s website, at http://sonoma.courts.ca.gov/online-services/calendars/probate. C. Contact Information Website: For current contact information, tentative rulings, and the online guardianship calendars parties should refer to the court’s website at: www.sonoma.courts.ca.gov. All local forms referred to in this rule are available and can be downloaded from the court website. One or more of the following may be helpful in matters presented to the Guardianship Court. 1. Clerk of the Probate Court: The mailing address of the Probate Clerk is 625 Administration Drive, Santa Rosa, CA 95403. The physical address of the Probate Clerk’s Office is 625 Administration Drive, Santa Rosa, CA 95403 (first floor). 2. Probate Court Examiner: The mailing address of the Probate Court Examiner is 625 Administration Drive, Santa Rosa, CA 95403. The email address is ProbateExaminer@sonomacourt.org. 3. Office of the Probate Court Investigator: The mailing address of the Office of the Probate Court Investigator is 625 Administration Drive, Santa Rosa, CA 95403. The email address is sci@sonomacourt.org. D. Report of Proposed Guardian A Report of Proposed Guardian Form shall be filed with any Petition for Appointment of Guardian. (Sonoma County Local Form PR-2). School records must include records of grades and attendance. E. Investigations 1. The Office of the Probate Court Investigator shall make an investigation and file a report and recommendation with the court concerning each proposed guardianship of the person and estate where the proposed guardian is a relative. 2. Any investigation of a proposed guardianship of any non-relative proposed guardian shall be made by the county agency designated to investigate potential dependency. 3. When there are competing petitions of proposed guardians, the Court Investigator should file a CI Memo with the Court to inform the Court of the competing petitions and the need for an order from the Court before the investigation can begin. 4. If the Court orders an investigation of both proposed guardians, the resulting report to the court should be informational only and should not include recommendations. 5. The Court may choose to refer a matter to the local child welfare agency for an evaluation, investigation, and findings to determine if the minor may be described by Welfare and Institution Code 300 and that an application to commence Juvenile Court Proceedings and obtain a decision from a Social Worker may be appropriate. Welfare and Institutions Code § 329. a. If the Court makes a referral for a Welfare and Institutions Code § 329 investigation and determination, the Probate Court Investigation shall pause the investigation. Welfare and Institutions Code § 319.1. b. The assigned social worker shall file a report with their findings and conclusion with the Probate Court within three weeks. c. If a child involved in Probate Guardianship proceedings becomes the subject of dependency proceedings, custody-related matters will be addressed by Juvenile Court. The finding from the Juvenile Court shall be filed in the probate case. Welfare and Institutions Code § 304. d. If the child does not become a subject of dependency, the Probate Court Investigation shall resume the investigation per the order of the court. F. Petition for Visitation A request for an order of visitation will be filed using Local Form PR-15, which can be located on the court’s public website. The petition will be filed and served on all parties following the Probate Code, California Rules of Court and Local Rules for Conservatorships and Guardianships. G. Tentative Rulings - Guardianship Calendar During the court day preceding each weekly guardianship calendar, commencing at 11:00 a.m., or earlier if feasible, the Court will cause a tentative ruling to be recorded for each matter noticed on such calendar. The tentative ruling may be obtained by telephoning (707) 521-6607 or by accessing the Court’s website at www.sonoma.courts.ca.gov and selecting the option for Tentative Rulings. The tentative rulings will also be posted outside of the guardianship department. 1. Parties who do not object to the tentative ruling need not appear at the hearing, unless the ruling requires appearances or another party has requested a hearing pursuant to the procedure in subdivision (2), below. 2. Any interested party who wishes to be heard in relation to /the tentative ruling must call 707-521-6893 and leave a brief message that includes the name and telephone number of the party calling and the case name and number. Any interested party who wishes to be heard in opposition to a petition must also notify the attorneys for all represented parties as well as all unrepresented parties of their intent to appear. Notifications to the court and all attorneys and unrepresented parties must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing. 3. Unless notification has been given as provided in (B), above, the tentative rulings shall become the rulings of the court when announced by the courtroom clerk at 9:15 a.m. on the day of the hearing. (Adopted 1/1/2024, 1/1/2025)
RULE 6 RULES APPLICABLE TO PROBATE, CONSERVATORSHIPS AND GUARDIANSHIP PROCEEDINGS 6.1 INTRODUCTION A. General The Probate Rules for Sonoma County Superior Court set forth local policies and procedures of the probate department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. Guidance on probate law and practice may be found in publicati
Reviewer note: Composed 2026-10-08 (California T4 Sonoma build 2026-10-08) from BenchPath custody ca/t4/ca-sonoma/docs/local-rules/local-rules-working-jul-2026-new-address-update.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 1515969 bytes, sha256 e3a9b3a99af553adf4c33851ccbc58bbbfb1020ec74e105c1225b9e6d076c102; 204 pages) with the shared verbatim composer (v2 reflow) over Rules 1 to 21 (PDF pages 8 to 189), each rule composed alone from its first page to the page before the next rule's: each page's running header (“SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SONOMA”, two rules of underscores and the page number) removed as chrome; lines reflowed into the rules' paragraphs; eight breaks the reflow made before a citation or history note's “Rule N.N” at a line start rejoined and eleven paragraph, heading, history and list-line breaks it ran together set back (19 whitespace-only fixes, build/book-fixes.json; the vertical-gap audit finds no joined break left); four struck characters (tracked deletions on PDF pages 70, 98, 176 and 184; the strike report) left out; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the court's judicial officers, the table of contents, the index, the forms listings and the list of currently effective rules belong to no rule.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.