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Rules 8.00 to 8.41: decedent's estate and trust matters heard Tuesday through Thursday at 8:30 a.m., conservatorship and guardianship matters Tuesday and Thursday at 8:30 a.m. and LPS conservatorship matters Tuesday and Thursday at 9:30 a.m., calendared upon filing by the Civil Unit or the Family Court Services Unit, early settings only for good cause, and the Clerk of the Probate Court at 801 10th Street, Fourth Floor (mail: P.O. Box 3488) (8.00); the rules' application to estates, guardianships, adoptions, conservatorships and trusts (8.01); papers necessary for a hearing filed at least five (5) court days before it, a late filing fee of $25 per document possible (8.02); papers conforming to CRCs 2.100 and 3.1110, and electronically filed Letters bearing the appointee's electronic signature (8.03); the Probate Examiner's notes on the Court's website and questions e-mailed to Probate.Examiner@stanct.org (8.04); the hearing date below the case number on every document filed in a matter set for hearing (8.05); probate law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved with the probate clerks at (209) 530-2010, moving documents filed within five (5) court days of the reservation, tentative rulings after 1:30 p.m. the court day before, and hearings requested by phone or by e-mail to civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party (8.06); a guardian ad litem considered where an heir is a minor or an unborn person or an adult alleged to lack capacity - the petition's contents and what a guardian ad litem may not do without prior court approval (8.07); hybrid probate and civil pleadings, and quiet title actions filed in the Civil Court (8.08); a noticed probate matter not advanced (8.11); notice of a petition to administer an estate published under Prob. Code § 8120 and CRC 7.54, defects requiring republication (8.12); the notice requirements confirmed for every petition (8.13); the persons entitled to notice - heirs, beneficiaries, trustees, non-petitioning executors and the California Attorney General - a declaration of search efforts for an unknown address, and counsel doing the mailing the Probate Code assigns to the clerk (8.14); notice to foreign consuls (8.16); notice to the Director of Health Services, a proof of service or declaration filed in all decedent's estate matters (8.17); a named executor's written declination filed (8.18); wills proven by declaration filed at least five (5) Court days before the hearing, and self-proving wills (8.23); typewritten copies of holographic wills and certified translations (8.24); petitions naming all persons in the will and codicils, trustees and beneficiaries, contingent beneficiaries, revoked devisees and the personal representative's street address (8.26); a minimum bond of $20,000 (8.33); ex parte requests - those handled without appearance, others reviewed by the Probate Examiner with a ruling or hearing date within 72 hours, law and motion ex parte matters approved and scheduled by the assigned judge through the courtroom clerk before filing, five (5) days' notice on ex parte conservatorship or guardianship petitions assigned a hearing date, a Declaration of Due Diligence to waive or shorten notice, papers submitted by 2:00 p.m. the afternoon before the hearing, verified petitions and separate complete orders (8.35); no oral testimony on a verified petition (8.36); contested matters - a face-to-face meeting before the hearing, matters submitted on the pleadings heard at the end of the calendar, long-cause hearings of two (2) hours or less on a date certain (8.37); and orders prepared by counsel, delivered to the Probate Unit at least five (5) Court days before the hearing, complete in themselves, filed immediately after signing on pain of being null and void, and an inventory review hearing six (6) months after the appointment of a personal representative (8.41).
RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES GENERAL 8.00 Probate Hearings and Contact Information A. Decedent’s estate and trust matters will be heard on Tuesday through Thursday of each week at 8:30 a.m. Conservatorship and Guardianship matters will be heard on Tuesday and Thursday at 8:30 a.m. LPS Conservatorship matters will be heard on Tuesday and Thursday at 9:30 a.m. (7/
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 154 to 168, printed pages 154 to 168) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) belong to no card. Review note: Rule 8.00(A) hears decedent's estate and trust matters Tuesday through Thursday and conservatorship and guardianship matters Tuesday and Thursday; the Probate Division page (carded) says “Probate matters will be heard Tuesday - Friday of each week at 8:30 a.m.” - the days Rule 8.06(A) gives probate law and motion. Rule 8.35(D) has law and motion ex parte matters approved and scheduled by the assigned judge through the courtroom clerk; from August 17, 2026 the Probate Division page directs all ex parte hearing requests to the civil courtroom clerks' e-mail address.
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 > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES GENERAL 8.00 Probate Hearings and Contact Information A. Decedent’s estate and trust matters will be heard on Tuesday through Thursday of each week at 8:30 a.m. Conservatorship and Guardianship matters will be heard on Tuesday and Thursday at 8:30 a.m. LPS Conservatorship matters will be heard on Tuesday and Thursday at 9:30 a.m. (7/1/21) B. Decedent’s estate and trust matters will be calendared for hearing by the Civil Unit. Conservatorship and Guardianship matters will be calendared for hearing by the Family Court Services Unit. All petitions and applications which require a hearing will be assigned a calendar date upon being filed. Any request for early setting must be approved by the Court and will be granted only for good cause. C. For current contact information, Probate notes and tentative rulings, parties should refer to the Court’s website at: https://www.stanislaus.courts.ca.gov/ (To access the Probate page - click on the “Divisions” tab, then “Probate” in the drop-down list.) (7/1/21) D. The local forms referred to in these rules are available at and can be downloaded from the Court website. (Click on the “Divisions” tab, then choose “Probate” in the drop-down list, then click on “Probate Forms” in the “Related Links” and choose from the list of forms.) (7/1/21) E. The physical address for the Clerk of the Probate Court is 801 10th Street, Fourth Floor, Modesto, CA 95354. The mailing address for the Clerk of the Probate Court is Superior Court of California – Stanislaus, Probate Department, P.O. Box 3488, Modesto, CA 95354. (7/1/14, 7/1/21) 8.01 Applicability of Rules to All Proceedings All rules as hereinafter set forth shall apply to estate proceedings, guardianships, adoptions, conservatorships and trusts, except as otherwise specifically noted. These rules set forth local policies and procedures of the Stanislaus County Superior Court Probate department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. Although these rules are binding on the parties, the Court may, in the exercise of its discretion, depart from them under certain circumstances. (7/1/13, 7/1/21) 8.02 Time for Filing In all probate matters, papers necessary for hearing (such as proof of service, posting, orders, etc.) shall be filed with the Probate Clerk at least five (5) court days before the date of hearing, so that such documents may be placed in the file and checked by the Probate Examiner prior to hearing. Saturdays, Sundays, and holidays shall not be considered court days. Exceptions to this rule will be made at the discretion of the judge, but only for good cause. A late filing fee of $25 per document may be charged for each document received for filing less than five (5) Court days prior to the hearing, at the discretion of the judge, after providing the late-filing party with notice and an opportunity to be heard. (7/1/13, 1/1/20, 7/1/21) 8.03 Form of Papers Presented for Filing A. Papers presented for filing with the Probate Clerk – whether electronically or over the counter - shall conform to CRCs 2.100 and 3.1110 except that descriptions of assets may be single spaced within each item. B. Pursuant to California Rules of Court, rule 2.257(c)(2)(B) and Code of Civil Procedure section 1010.6(e)(2)(A)(ii) electronically filed Letters must contain the electronic signature of the appointed individual(s) in the affirmation section of the applicable form. (Rule 8.03 [7/1/07, 7/1/21] amended January 1, 2024) 8.04 Probate Examiner’s Notes (7/1/23) A. The Probate Examiner’s notes are available to counsel and self-represented parties to determine if any defects in pleadings or procedure have been noted by the examiner. B. The notes are available on the Stanislaus County Superior Court website at https://www.stanislaus.courts.ca.gov/. (From the home page, click on the “Divisions” tab, choose “Probate” from the drop-down list, and then click on “Probate Notes” in “Related Links.”) C. When the examiner receives and reviews additional pleadings and updates the notes, the new notes will be posted to the website. Additional pleadings must be filed in a timely manner in order to be reviewed by the examiner. D. If you have questions about the Probate Notes or procedural notes found on the website you may contact the Probate Examiner via email at Probate.Examiner@stanct.org. Please include your name, the case name and number, and the hearing date you are inquiring about in your email. (7/1/21) 8.05 Hearing Date Required on Documents The date of the hearing shall be placed immediately below the case number on the first page of every document filed which relates to a matter already set for hearing. Failure to include the hearing date on documents filed less than five (5) court days prior to hearing could delay matching the document with the court file and may result in a continuance. (7/1/06) 8.06 Probate Law and Motion A. Probate law and motion matters are heard Tuesday through Friday at 8:30 a.m. If Monday is a Court holiday, then Wednesday through Thursday. You are required to reserve a date for your probate law and motion matter. To do so, please call the probate clerks at (209) 530-2010 from 8:15 a.m. – 3:00 p.m. Monday – Friday, excluding days the court is closed. B. All moving documents shall be filed not later than five (5) court days after you reserve your law and motion hearing date. Law and motion reservations will be cancelled without further notice to the reserving party if the moving documents are not filed within five (5) court days after the reservation is made. C. Tentative rulings will be issued on probate law and motion matters the court day prior to the hearing date. Tentative rulings can be accessed on the Internet at https://www.stanislaus.courts.ca.gov/ after 1:30 p.m. D. You may request a hearing on a probate law and motion matter by calling the probate clerks at (209) 530-2010 prior to 4:00 p.m. or by e-mailing at civil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive a confirmation e-mail from the clerk, you MUST call (209) 530-2010 to request your hearing. If you request a hearing on a probate law and motion matter, you must also notify the opposing party or their counsel of your request. (Rule 8.06 [Reserved for Future Use 7/1/21] amended January 1, 2025) 8.07 Guardians Ad Litem In Probate Proceedings A. In all decedent’s estate matters, at the time of the hearing on the petition the court may, on its own motion, consider whether a guardian ad litem should be appointed when there is either: 1. An heir who is a minor or an unborn person. 2. An heir who is an adult alleged to lack capacity. B. A Petition for Appointment of Guardian ad Litem, whether heard at a noticed hearing or considered ex parte pursuant to Local Rule 8.35, must include the following: 1. A proposed guardian ad litem who is an attorney or the name of the attorney representing the proposed guardian ad litem. This information must be clearly stated in the petition, or alternatively, the attorney may concurrently file a consent to act or notice of appearance as counsel of record for the proposed guardian ad litem. 2. An explanation of the proposed guardian ad litem’s qualifications and competencies to act as guardian ad litem. 3. A statement disclosing any family or affiliate relationship the proposed guardian ad litem has with the petitioner, the decedent, or the person whose interest the guardian ad litem will represent. 4. If the filer seeks the court’s approval of any specific authority other than that allowed by statute, the petition must specify the orders, powers, and reasons. The additional orders or powers must be included in the proposed order. C. A guardian ad litem, once appointed: 1. May accept and/or waive notice of hearing of any proceeding. 2. May consent or approve of a petition or application. 3. May not waive bond without prior court approval. 4. May not waive or disclaim any substantive rights of the represented person without prior court approval. 5. May not receive a distribution of property on behalf of the represented person without prior court approval. (See Local Rules 8.84 and 8.86.1.) 6. Must promptly inform the court of any potential or actual conflict of interest with the represented person. (Rule 8.07 [Reserved for Future Use 7/1/21] amended January 1, 2026) 8.08 Hybrid Probate Code and Civil Pleadings A. If the Probate Court determines that, in the absence of an appearance from an opposing party, service of both a civil summons and probate notice of hearing would be jurisdictionally required to grant all the relief requested, the Probate Court may order the petitioner to amend the pleading to assert only the Probate Code claims. B. Quiet title causes of action are civil proceedings (see Code Civ. Proc., § 760.010 et seq.) and should be filed in the Civil Court, not Probate Court. (Rule 8.08 [Reserved for Future Use 7/1/21] amended July 1, 2026) NOTICES 8.09 (RESERVED FOR FUTURE USE) (8.09 Repealed 7/1/21) 8.10 (RESERVED FOR FUTURE USE) (8.10 Repealed 7/1/21) 8.11 Probate Matters Once Noticed Cannot Be Advanced Unless otherwise ordered by the Court, when a hearing on a probate matter has been noticed, or when it has been noticed and then continued to a definite date, the matter cannot be heard before the date set, either by means of a new petition, an amended petition, or by a new notice. (7/1/99, 7/1/21) 8.12 Notice of Petition to Administer Estate Notice of a petition to administer estate must be published pursuant to Prob. Code § 8120 and CRC 7.54. Defects in publication will cause the matter to be continued and will require that the notice be republished. (7/1/06, 7/1/21) 8.13 General Notice Requirements Counsel are reminded that the notice requirements in the Probate Code vary greatly. No set pattern may be discerned. The specific requirements of the Code (i.e. posting, mailing, publication, personal service, etc.) must be confirmed for every petition filed. (7/1/21) 8.14 Persons Entitled to Notice A. The following persons are entitled to notice (see Prob. Code § 8110): 1. Heirs of the Decedent: Whether or not a decedent died with a will, the petition must contain the names and relationships of all of the decedent’s heirs-at-law. An heir-at-law is any person who would be entitled to distribution of a part of the decedent’s estate (including distribution by virtue of Prob. Code § 6402.5 if the decedent had a predeceased spouse) if the decedent died intestate (without leaving a will); 2. Beneficiaries Named in the Will: This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will; 3. Deceased Heir or Beneficiary (See CRC 7.51(e)); if heir or beneficiary died before decedent; 4. Trustee Nominee. Any nominated trustee of a trust created by the will; 5. Beneficiaries of Testamentary Trusts. The terms “beneficiaries named in the Will” and “named contingent beneficiaries” used above include beneficiaries named in testamentary trusts. It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts; 6. Trustees of Inter-Vivos Trusts who will receive “pour over” gifts from the decedent’s estate. Item 8 on the Petition For Probate (Judicial Council Form DE- 111) requires the petitioner to list “all beneficiaries of a trust named in the decedent’s will or any codicil in which the trustee and personal representative are the same person.” Since use of applicable Judicial Council forms is mandatory and the purpose of Item 8 is to identify persons entitled to receive notice of the petition, the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative; 7. Any non-petitioning Executor, including alternate executors named in the Will; and 8. The California Attorney General, where there is a charitable trust involved (Prob. Code § 8111). (7/1/21) B. Method of giving various notices: 1. Unknown Address. If the address of an heir or beneficiary is unknown, the Court requires a declaration stating specifically what efforts were made to locate such heir or beneficiary before the Court will dispense with notice or prescribe an alternate form of notice. See Prob. Code § 1212 and Code of Civil Procedure § 413.30 as to what efforts are necessary. In general, these efforts shall include inquiry of relatives, friends, acquaintances, and employers and investigation of appropriate city and telephone directories, and the real and personal property index at the County Assessor’s Office of the county of last known residence of the missing heir or beneficiary. (See CRC 7.51(d)). 2. Minors. See Prob. Code § 1460.1 and CRC 7.51(d). C. If a Probate Code section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty. (7/1/21) 8.15 (RESERVED FOR FUTURE USE) (8.15 Repealed 7/1/21) 8.16 Notice to Foreign Consuls Notice must be given to a recognized diplomatic or consular official as required under Prob. Code § 8113. If a devisee or heir is an American citizen residing in a foreign country, that fact should be alleged and notice to the diplomatic or consular official is not required. Whether a country has recognized diplomatic or consular representation in the United States may be ascertained from the United States Department of State. (7/1/99, 7/1/21) 8.17 Notice to Director of Health Services If a deceased person has received or may have received health care through the Department of Health Services, or if the decedent was the surviving spouse of a person who received that health care, notice of the decedent's death must be given to the Director of Health Services pursuant to Prob. Code §215. A copy of the proof of service or a declaration that notice is not required must be filed in all decedent's estate matters. (7/1/99) APPOINTMENT OF EXECUTORS AND ADMINISTRATORS 8.18 Declination to Serve If the person named in the decedent’s will as executor declines to act as such, his written and signed declination to act must be filed with the Court unless evidence is produced that he is incompetent or refuses to act. (7/1/99) 8.19 (RESERVED FOR FUTURE USE) (8.19 Repealed 7/1/21) 8.20 (RESERVED FOR FUTURE USE) (8.20 Repealed 7/1/21) 8.21 (RESERVED FOR FUTURE USE) (8.21 Repealed 7/1/21) 8.22 (RESERVED FOR FUTURE USE) (8.22 Repealed 7/1/21) 8.23 Proving Wills – Declaration or Self Proving A. The Court prefers that both formal witnessed wills and holographic wills be proven by declaration rather than by testimony. The declaration shall have a photographic copy of the will or codicil attached. (Prob. Code § 8220) B. Proof as to the admissibility of each testamentary document must be submitted except that, in the event there is a codicil which expressly republishes the will, proof of the execution of the codicil may be deemed sufficient. C. To avoid a continuance of the hearing, an affidavit or declaration proving the will should be filed with the Clerk at least five (5) Court days before the time set for the hearing of the petition for probate of will. D. In uncontested proceedings self-proving wills need no additional proof unless requested by the Court. A will may be considered self-proving if the attestation clause contains the elements in the California Statutory Will form set forth in Prob. Code §6240 as follows: 1. The testator requested the witnesses to sign as witnesses to the testator’s signature. 2. The witnesses and the testator signed in the presence of each other. 3. The testator is of sound mind and memory and does not appear to be acting under duress, menace, fraud, or undue influence. 4. The witnesses are over the age of 18 years. 5. The testator is over the age of 18 years. 6. The witnesses signed under penalty of perjury. (1/1/12, 7/1/21) 8.24 Copy of Will to Be Attached to Petition for Probate A. If the will is holographic or handwritten, in addition to a photocopy, a typewritten copy of the will must be attached to the petition, to the original will and to the proof of holographic instrument. B. The Court encourages reducing the copy of any original will on legal sized paper (14 inches) to standard size (11 inches). (1/1/04) C. If the will is written in a language other than English, the Court requires a translation prepared by a translator certified to translate from the original language. (7/1/21) 8.25 (RESERVED FOR FUTURE USE) (8.25 Repealed 7/1/21) 8.26 Naming Heirs and Beneficiaries in Petition All petitions pertaining to the administrative duties of a fiduciary must include the names of all persons and entities mentioned in the decedent’s will and codicils regardless of any lack of devise or bequest to said person or entity. In addition: A. If a trust was created by the decedent, the petition must contain a list setting forth the identification of the trustee(s) and all beneficiaries of the trust. B. A list of contingent beneficiaries if the interest of the beneficiary is contingent as of the date of the petition, or the happening of an event, such as survivorship for a specified period. C. A list of each person provided for in the original will whose devise has been revoked in a subsequent codicil. D. The street address of the proposed personal representative and his or her relationship to the decedent. E. The deceased ancestor through which second generation heirs take, along with the ancestor’s relationship to decedent, when second generation heirs are listed in the petition. (1/1/10, 7/1/21) 8.27 (RESERVED FOR FUTURE USE) (8.27 Repealed 7/1/21) 8.28 (RESERVED FOR FUTURE USE) (8.28 Repealed 7/1/21) 8.29 (RESERVED FOR FUTURE USE) (8.29 Repealed 7/1/21) 8.30 (RESERVED FOR FUTURE USE) (8.30 Repealed 7/1/21) 8.31 (RESERVED FOR FUTURE USE) (8.31 Repealed 7/1/21) 8.32 (RESERVED FOR FUTURE USE) (8.32 Repealed 7/1/21) 8.33 Bonding of Personal Representatives In the event a minimum bond is imposed by the Court, the minimum bond amount shall be $20,000. (1/1/06) MOTIONS AND PETITIONS 8.34 (RESERVED FOR FUTURE USE) (8.34 Repealed 7/1/21) 8.35 Petitions for Ex Parte Orders A. The Court may handle certain requests for relief without appearance (i.e. on an ex parte basis) including (but not limited to) the following: 1. Application for Withdrawal of Funds from Blocked Account; 2. Application for Appointment of Guardian ad Litem; 3. Application for Petition for Final Discharge and Order; 4. Application for any of the relief set forth in CRC 3.1207. 5. Petition for Appointment of Special Administrator. B. Any other ex parte matter not covered above must be submitted to the Probate Clerk for review by the Probate Examiner. Within 72 hours of submission of the ex parte application, the Court will either issue an order approving or denying the requested relief, or provide a hearing date. C. Other than as set forth above, the Court will not entertain any ex parte petition that does not comply with CRC 3.1200 through 3.1206, and is not accompanied by a declaration that makes “an affirmative factual showing … containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” CRC 3.1202€. D. All Law and Motion ex parte matters must be approved and scheduled by the assigned judge through their courtroom clerk, prior to filing documents with the Probate Clerk’s Office. For matters assigned to Department 22, the courtroom clerk may be reached at (209)530-3171. For matters assigned to Department 25, the courtroom clerk may be reached at (209)236-7894. If your matter is assigned to a different department, please call the Court’s main number (209)530-3100 and follow the prompts. E. If an ex parte petition for appointment of any conservator or a guardian is reviewed and assigned a hearing date, the Court will require five (5) days’ notice has been given (Prob. Code sections 2250(e) and 2250.2 through 2250.6), unless the petitioner has shown both irreparable harm or immediate danger, and “good cause” for waiving the notice requirements. F. Counsel requesting waiver or shortening of any notice time periods prescribed by the Probate Code must submit a Declaration of Due Diligence to the Court citing the specific notice provision at issue, setting forth facts relating to the efforts to give such notice (or facts supporting the conclusion that it was impossible to give such notice) and explaining the good cause for waiving or shortening the time. G. A party seeking an ex parte order – other than as set forth in A. – must submit the application and all supporting papers to the Probate Clerk not later than 2:00 p.m. the afternoon before the hearing. The Probate Clerk may reject any ex parte pleadings that do not comply with this deadline. H. An ex parte order will not be granted unless accompanied by a verified petition (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief. I. Ex parte petitions filed in decedent’s estates for the sale of stock or personal property must allege whether the property is specifically bequeathed. If bequeathed, the specific legatee must consent to the sale and the consent must accompany the petition. J. All applications for ex parte orders must be accompanied by a separate order complete in itself and shall be presented to the Probate Court Clerk. It is not sufficient for such an order to provide merely that the application has been granted, or that the sale of property “as set forth in the petition” has been approved. (Rule 8.35 [7/1/99, 7/1/21] amended July 1, 2025.) 8.36 Uncontested Matters At a hearing on a verified petition oral testimony will not be permitted. All evidence should be stated in the petition, or accompanying declaration. (7/1/21) 8.37 Contested Matters A. In the event of any contest or objection to any petition on the Probate calendar, the parties and their respective attorneys, if any, shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face meeting, if possible, and otherwise by telephone or video conference, before any hearing of the contested petition. B. If a contested matter can be submitted on the pleadings with argument, it will be heard at the end of the Probate appearance calendar. As time permits, brief offers of proof will be allowed. C. Long-cause hearings in contested matters: Contested matters requiring two (2) hours or less will be heard on a date certain in the Probate Department. Contested matters estimated to take more than two (2) hours will be set in the Probate Department and heard as scheduling permits. D. Only those persons who have appeared in and been made parties to the proceeding will be allowed to participate in long-cause hearings. (7/1/21) 8.38 (RESERVED FOR FUTURE USE) (8.38 Repealed 7/1/21) 8.39 (RESERVED FOR FUTURE USE) (8.39 Repealed 7/1/21) 8.40 (RESERVED FOR FUTURE USE) (8.40 Repealed 7/1/21) ORDERS 8.41 Probate Orders A. Probate Orders Attorneys or self-represented litigants are to prepare all orders. If counsel wish to obtain orders on matters that are approved on the day of hearing, those orders must be delivered to the Probate Unit of the Clerk's Office at least five (5) Court days prior to the hearing. The orders should be submitted separately and not attached to any other document or pleading. All orders or decrees in probate matters must be complete in themselves. They shall set forth all matters actually passed on by the Court, the date of hearing, the relief granted, the names of interested persons, and descriptions of property or amounts of money affected, with the same particularity required of judgments in civil matters. All orders must be prepared so that the general effect may be determined without reference to the petition on which the order is based. No order shall merely recite that the petition as presented is granted. The signature line must always be at the end of the order and not followed by any attachment. It should never be on a page by itself. No additions or deletions are to be made to court orders after they have been signed. All orders except for conservatorship and guardianship cases signed in open Court or in ex parte hearings and presented to attorneys for filing must be filed with the Probate Clerk’s Office immediately after the conclusion of the court proceeding in which the order is signed. Surrendering an original court order to anyone other than court personnel or a member of the bar association, or failure to present a signed order to the Clerk’s Office for filing immediately after the proceeding in which the order is signed, shall render that order null and void. (7/1/08, 7/1/21) B. Inventory Review Hearing At the time an order is made appointing a personal representative of an estate, a review hearing will be scheduled six (6) months from the date of appointment. The purpose of this hearing is to monitor the filing of the Inventory and Appraisal. All inventories are due four months from the date of issuance of Letters. Prob. Code § 8800(b). (1/1/08, 7/1/21)
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.