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Rules 8.42 to 8.105: a reasonable family allowance paid without approval under the Independent Administration of Estates Act (8.42); an order for family allowance limited to six (6) months before the inventory and appraisal is filed and to one year after, renewable for good cause shown in writing (8.43); the application's contents (8.44); a petition for family allowance ex parte only before the inventory is filed and within six (6) months of qualification, a non-representative's petition needing the representative's consent or waiver of notice (8.45); retroactive payment beyond two (2) months discouraged and late applications noticed (8.46); specifically devised property sold or encumbered only on Court approval after ten (10) days' notice or with the devisee's consent (8.53); real property appraised within one (1) year of the sale (8.54); published notice of sale unless the Independent Administration of Estates Act or the will dispenses with it, and no offer accepted before the date in the notice (8.55); mailed notice of the confirmation hearing at least fifteen (15) days before it (8.56); the legal description and the common street address in notices and petitions (8.57); an order confirming sale not filed until any additional bond is filed (8.58); brokers' commissions of at most 6 percent (6%) for improved and ten percent (10%) for unimproved real property (8.59); deposits of ten percent (10%) with bids and a cashier's check of ten percent (10%) of the first overbid (8.60); conditional sales ordinarily not approved (8.63); sales where the buyer assumes an encumbrance ordinarily not confirmed (8.64); every account opening with the Summary of Account, with the schedules of Prob. Code §1062 and the petition's required disclosures (8.65); allocation of trust receipts and disbursements under Prob. Code §1063 (8.66); debts paid on verified claims, or approved without one only on a verified petition or testimony (8.67); reserves on final distribution - under $5,000 discharged on form DE-295, $5,000 to under $20,000 with a supplemental declaration, $20,000 or more with a supplemental accounting set for hearing (8.68); distribution without an account only in a solvent estate, the report's required contents, and notarized waivers of account (8.69); accounts personally signed by each fiduciary (8.70); vouchers not filed unless ordered (8.71); wrongful death damages held for the statutory beneficiaries, injury and property damages inventoried (8.72); a petition for final distribution or a verified report of status within one (1) year of letters, or eighteen (18) months where an estate tax return is required, and a status review hearing six (6) months after the inventory review (8.82); the report of administration's allegations and schedules - creditors' claims, taxes, the required notices, the computation of fees and commissions, costs, an all-inclusive caption, assets on hand and the proposed distribution (8.83); the documents required before distribution to minors - letters of guardianship, form MC-355 for a blocked account, a custodian's acceptance, a parent's written assurance (8.84); no distribution care-of an attorney without the heir's written consent (8.86.1); distribution by agreement on a notarized written agreement (8.87); disclaimers on file before the hearing (8.88); petitions to dispense with guardianship or conservatorship accounts submitted ex parte on the suggested form PR-002 (8.91); a discharge review hearing, or an account review hearing for retains of $20,000 or more, six (6) months after the order of final distribution (8.92); verified petitions to establish the fact of death, and orders obtained ex parte with a death certificate, the deed and the proposed order (8.93 to 8.95); no attorneys' fees for joint tenancy proceedings in an estate fee petition (8.96); petitions to set aside heard with any petition for letters (8.97); spousal property petitions with separate schedules, the listed allegations and a deed demonstrating current title (8.98); petitions to succeed to a personal residence with a proof of subscribing witness and a deed (8.99); notice of a petition under the Independent Administration of Estates Act, and the Notice of Proposed Action filed with its affidavit of mailing (8.100); and notice of a Special Needs Trust accounting to the State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services (8.101.1).
FAMILY ALLOWANCE 8.42 When Court Approval Not Required If the estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a reasonable family allowance in accordance with Prob. Code § 10535. (7/1/99, 7/1/21) 8.43 Duration The duration of an order for family allowance is limited to six (6) months if no inventory and appraisal has been filed
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 169 to 189, printed pages 169 to 189) 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.
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
FAMILY ALLOWANCE 8.42 When Court Approval Not Required If the estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a reasonable family allowance in accordance with Prob. Code § 10535. (7/1/99, 7/1/21) 8.43 Duration The duration of an order for family allowance is limited to six (6) months if no inventory and appraisal has been filed and is limited to one year if an inventory and appraisal has been filed. For good cause shown in writing, such orders may be renewed. The order shall state the commencement date and the period payments are to be made; i.e., "commencing with date of death and continuing until the inventory is filed, but not to exceed six (6) months." (7/1/99, 7/1/21) 8.44 Contents of Request for Family Allowance The application for an allowance shall include at least the following data: A. The applicant's income from sources outside the estate, B. An itemized list of the applicant's assets, and a statement of the appropriate value of each, C. A general statement of the assets and of the liabilities of the estate, D. The date of the application, E. The date of the decedent's death, F. A general statement of other applications (if any) on file for allowances. (7/1/99, 7/1/21) 8.45 Ex Parte Orders-When Permitted If the petition for family allowance is made before an inventory and appraisal has been filed, it may be presented ex parte to the Court unless it is a petition for a second or additional family allowance, in which event it shall be noticed and placed on the calendar. The petition for family allowance will not be granted ex parte under either of the following circumstances: A. If the petition is made more than six (6) months after the administrator or executor has qualified, or B. If the petitioner is someone other than the personal representative and the petition is not accompanied by either of the following documents signed by the personal representative: (1) Consent to the allowance or (2) Waiver of Notice. (7/1/99, 7/1/21) 8.46 Late Requests Requests for a family allowance should be made in a timely fashion. The Court discourages requests for retroactive payment of family allowance beyond two (2) months. If the application is made more than six (6) months after the administrator or executor has qualified, it must be noticed and placed on the calendar. (7/1/99, 7/1/21) CREDITORS CLAIMS 8.47 (RESERVED FOR FUTURE USE) (8.47 Repealed 7/1/21) 8.48 (RESERVED FOR FUTURE USE) (8.48 Repealed 7/1/21) 8.49 (RESERVED FOR FUTURE USE) (8.49 Repealed 7/1/21) 8.50 (RESERVED FOR FUTURE USE) (8.50 Repealed 7/1/21) 8.51 (RESERVED FOR FUTURE USE) (8.51 Repealed 7/1/21) 8.52 (RESERVED FOR FUTURE USE) (8.52 Repealed 7/1/21) SALES OF PROPERTY 8.53 Sale or Encumbrance of Specifically Devised or Bequeathed Property No specifically devised or bequeathed real property shall be encumbered or offered for sale unless first approved by the Court after not less than ten (10) days’ notice to the specific devisee or legatee, or unless the consent of the devisee or legatee is on file. (7/1/99) 8.54 Appraisal of Real Property Within One Year Real property must have been appraised within one (1) year of the time of sale. Since the first appraisal reflects the value at the time of death of the decedent, if the date of death is more than one year prior to the date of sale, a reappraisal for sale is required. (7/1/99, 7/1/21) 8.55 Published Notice of Sale of Real Property Unless a personal representative has full authority under the Independent Administration of Estates Act or a will exists which specifically grants an executor the authority to sell without notice (Prob. Code § 10303), a publication of notice of sale of real property is required. A power of sale given by a will to a named executor does not extend to an administrator with will annexed unless the sale is authorized by the will. If publication of the notice of sale is performed, the following requirements shall be met: A. Any sale must be in substantial accordance with the terms and conditions set forth in the notice. B. The published notice of sale of real property constitutes a solicitation for offers. A petition must not be filed and an offer must not be accepted prior to the date of sale specified in the published notice. If this situation occurs, the sale will be denied. C. When the personal representative accepts an offer and files a petition for confirmation of sale, there cannot be a material variance in the terms of sale as between the notice and the petition. Also, if the notice solicits cash offers only, the Court cannot confirm a sale on terms other than cash. D. In conservatorships and guardianships, absent an order under Prob. Code § 2591(c) granting the conservator or guardian the independent power to sell real property of the estate, publication shall be required. (7/1/09, 7/1/21) 8.56 Mailed Notice of Sale For all sales, notice of hearing on the petition for confirmation and a copy of the petition must also be served by mail at least fifteen (15) days before the hearing on the persons designated in Prob. Code § 1220 and on each of the proposed purchasers (Prob. Code § 10308(c)). (7/1/99, 7/1/21) 8.57 Description of Property All legal notices for the sale of real property and the petition for confirmation of sale shall contain, in addition to the legal description, the common street address of the property. If there is no common street address, some indication of the location of the property shall be included. (7/1/99) 8.58 Bond on Sale of Real Property If a bond or additional bond is required in an order confirming sale of real estate, the Court must not file the order until the additional bond is filed. (1/1/02) 8.59 Broker's Commission on Sale of Real Property Upon the confirmation of the sale of improved real property, a broker's commission of a maximum 6 percent (6%) of the gross sales price will be allowed. For the sale of unimproved real property, the maximum allowable commission will be ten percent (10%). On a showing of good cause, the Court may consider other terms. (7/1/99, 7/1/21) 8.60 Deposit Bids for the purchase of real property must be accompanied by a minimum deposit of ten percent (10%) of the purchase price unless the buyer's committed loan proceeds exceed ninety percent (90%) of the purchase price. In addition, overbids shall be accompanied by a cashier's check, equal to ten percent (10%) of the amount of the first overbid. On a showing of good cause, the Court may consider other terms. (7/1/99) 8.61 (RESERVED FOR FUTURE USE) (8.61 Repealed 7/1/21) 8.62 (RESERVED FOR FUTURE USE) (8.62 Repealed 7/1/21) 8.63 Conditional Sales of Real Property The Court will ordinarily not approve a sale of real property which is conditioned upon the occurrence of a subsequent event (such as change in zoning or obtaining approval from an environmental control board). However, if unusual and extraordinary circumstances exist and the necessity and advantage to the estate are set forth in detail the Court may approve such a sale. (7/1/99) 8.64 Sales of Real Property When Buyer Assumes Encumbrance Sales of real estate will not ordinarily be confirmed where the buyer assumes or takes subject to an existing encumbrance if the estate is subject to a contingent liability. The return should set forth the facts pertinent to such assumption agreement and any contingent liability. (7/1/99) ACCOUNTS AND REPORTS 8.65 Summary, Schedules, Supporting Information, Summary of Account Form A. All accountings shall contain a Summary of Account (Prob. Code §1061). The Summary of Account shall contain and be in the format as set forth below. It shall be the first page of the account and should not be in the body of the report. (1/1/22) SUMMARY OF ACCOUNT This account covers the period from _________ to _________ inclusive. CHARGES Property on hand at beginning of account period (or inventories) $___________ Additional property received (or supplemental inventories) $___________ Receipts (Schedule______) $___________ Gains on sale or other disposition $___________ (Schedule________) Net income from trade or business (Schedule______) $___________ Total Charges $___________ CREDITS Disbursements (Schedule______) $___________ Losses on sale or other disposition (Schedule______) $___________ Net loss from trade or business (Schedule______) $___________ Distributions (Schedule______) $___________ Property on hand at close of account period (Schedule_____) $___________ Total Credits $___________ Total charges must equal total credits (Prob. Code § 1061(10)(c). All accounts filed in decedent estates, guardianship, conservatorship and trust accounts, shall comply with Prob. Code § 1060 et seq., Prob. Code §2620 et seq., and Prob. Code § 10900 et seq. For additional requirements in conservatorship and guardianship matters refer to Local Rules 8.124 and 8.125. For additional requirements in decedents' estates and in trust matters, refer to Local Rule 8.83. B. The following schedules are required to be attached to the accounting (Prob. Code §1062): 1. Receipts showing the nature and purpose of each item, the source of the receipt, and the date thereof; 2. Disbursements, including the nature or purpose of each item, the name of the payee, and the date thereof; 3. Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedules C or F of the federal income tax return; 4. Calculation of gains or losses on sale or other disposition of assets; 5. Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value; 6. Itemized list of property on hand, describing each item at its carry value. Reference should be made to Prob. Code §1063 for additional schedules required to be attached to all accountings. C. Petition for approval of Account/Contents Filing: Additional information to be provided either in the body of the petition or in separate schedules or exhibits with a reference to the schedules or exhibits in the body of the petition (Prob. Code § 1064). 1. A description of all: a. Sales b. Purchases c. changes in the form of assets d. other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule. (1/1/22) 2. An explanation of any unusual items appearing in the account. 3. Statement of all compensation paid to the fiduciary or to the attorney for the fiduciary other than pursuant to a prior Court order. 4. A statement disclosing any family or affiliate relationship between the fiduciary or the attorneys for the fiduciary and any agent hired by the fiduciary during the account period. Per Probate Code §1064 (a)(5); 1064(b)(c): An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate. (1/1/22) D. The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary. E. For purpose of this section, "family" means a relationship created by blood or marriage. For purposes of this section, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, the fiduciary. (1/1/08) 8.66 Trust and Specifically Bequeathed Property-Allocation of Receipts and Disbursements (Refer to Prob. Code §1063.) (7/1/99) 8.67 Debts Paid Without Verified Claims Payment of debts of the decedent arising upon contract or funeral expenses of the decedent must be supported by verified claims presented or filed within the statutory period and allowed and approved. This rule also applies to debts and funeral expenses paid by the personal representative from his own funds, in which case a claim by the representative for reimbursement must be presented and filed in the usual way, supported by a receipt or other sufficient evidence of payment. Although a verified claim has not been filed, the Court may, under Prob. Code §§9154 and 11005, approve the payment of a debt if the accounting shows that such debt was paid during the time within which such claim could have been filed and the estate is solvent. Such approval, however, is discretionary with the Court and must be justified by allegations in a verified petition or by testimony in open court as to the factors referred to in Prob. Code §9154. [See Estate of Erwin, 117 C.A.2d 203 (1953).] (7/1/99) 8.68 Withholding Funds from Distribution If the Petition for Final Distribution is approved with a reserve of less than $5,000, the personal representative need not account for the reserve and may be discharged on the filing of an Ex Parte Petition for Final Discharge (Judicial Council form DE-295) that attaches conformed copies of the filed receipts only for the approved distribution. If the Petition for Final Distribution reserves an amount equal to or greater than $5,000 but less than $20,000, the personal representative must file a supplemental declaration setting forth the disposition of the reserve before or concurrently with the Ex Parte Petition for Final Discharge. If the reserve amount is $20,000 or more, a supplemental accounting of the reserve must be filed and set for hearing and notice of the hearing must be given in the same manner as for any regular accounting. The Ex Parte Petition for Final Discharge may not be filed until the supplemental accounting is approved. (Rule 8.68 (1/1/10) amended January 1, 2025) 8.69 Petition for Distribution Without an Account -Waivers of Account Although a preliminary or final distribution may be made without an accounting, sufficient facts must be set forth in the petition to allow the Court to ascertain that the estate is solvent. The Court will not permit distribution in an insolvent estate without an account. The effect of the waiver is to make it unnecessary to list the detail of receipts and disbursements. All other matters contained in Prob. Code §§1062, 1063 and 10900 must be presented in the report. Creditors' claims, property on hand to be distributed, computation of attorney's fees and executor's fees, and costs of administration, must be listed in the report. (Also refer to Local Rule 8.83). The calculation of statutory commissions and/or attorney’s fees must include losses on sales and include gains on sales; schedules of receipts and/or gains/losses on sale will be required even when an account has been waived where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions. A waiver of account or an acknowledgment that an interest has been satisfied on final distribution must comply with Prob. Code § 10954. A notarized acknowledgement of the signature of the heir or beneficiary shall be included on each waiver of account. (Rule 8.69 [7/1/08] amended January 1, 2026) 8.70 Signing of Account Any account and report required to be filed by a fiduciary must be personally signed by the fiduciary. When more than one fiduciary is serving, the account and report must be signed by each of them, or the absence of one signature satisfactorily explained. (7/1/99) 8.71 Vouchers Vouchers supporting accounts are not to be filed with the Clerk unless the Court orders them filed. (Prob. Code § 10900) (7/1/99) 8.72 Damages for Wrongful Death, Physical Injury and Property Damage Damages recovered as a result of a decedent’s wrongful death, as distinguished from physical injury or property damage incurred by the decedent, are held by the fiduciary on behalf of the decedent’s statutory beneficiaries and are not part of the estate. (CCP § 377.60) However, if an executor or administrator collects damages and costs arising out of physical injury or property damage incurred by the decedent, they shall hold such money in their representative capacity as property of the estate, and such damages must be inventoried. (CCP§ 377.20) (7/1/99, 7/1/21) FEES AND COSTS 8.73 (RESERVED FOR FUTURE USE) (8.73 Repealed 7/1/21) 8.74 (RESERVED FOR FUTURE USE) (8.74 Repealed 7/1/21) 8.75 (RESERVED FOR FUTURE USE) (8.75 Repealed 7/1/21) 8.76 (RESERVED FOR FUTURE USE) (8.76 Repealed 7/1/21) 8.77 (RESERVED FOR FUTURE USE) (8.77 Repealed 7/1/21) 8.78 (RESERVED FOR FUTURE USE) (8.78 Repealed 7/1/21) 8.79 (RESERVED FOR FUTURE USE) (8.79 Repealed 7/1/21) 8.80 (RESERVED FOR FUTURE USE) (8.80 Repealed 7/1/21) 8.81 (RESERVED FOR FUTURE USE) (8.81 Repealed 7/1/21) DISTRIBUTION AND DISCHARGE 8.82 Petition or Status Report Required Filing Time Within one (1) year from the date of issuance of letters in estates not required to file a federal estate tax return and within eighteen (18) months from the date of issuance of letters in estates where such return is required, the executor or administrator must either petition for final distribution of the estate or file a verified report of status of administration. If such report is filed, it shall show the condition of the estate and the reasons why the estate cannot be distributed and closed. Said report shall comply with Prob. Code § 12200. A status review hearing will be set six (6) months from the date of the successful inventory review hearing. The purpose of this status review hearing is to monitor the case to verify that either a petition for final distribution or a status report has been filed. (1/1/08) 8.83 Report of Administration The following shall be included in a report of administration, whether filing an account or a waiver of account: A. Whether notice has been given to reasonably ascertainable creditors. Prob. Code § 10900. B. Schedule of Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim. C. An allegation that all taxes due or owing by the estate have been paid or arrangements made. D. An allegation that the requirements of the Revenue and Taxation Code §480 have been met. Prob. Code §8800(d) E. An allegation that a notice of death has been provided to the Department of Health Services as required by Prob. Code §§215 and 9202, or that no such notice if required. F. Petitions for distribution must contain allegations regarding whether or not the general personal representative or estate attorney knows or has reason to believe that an heir is or has previously been confined in a prison or facility under the jurisdiction of the Departments or Corrections or Department or Youth Authority or confined in any county or city jail, road camp, industrial farm, or other correctional facility. If distribution will be made to such person, the petition for distribution must contain an allegation that no such notice is required or that a notice of death has been provided to California Victim Compensation and Government Claims Board as required by Prob. Code § 9202, and whether or not the Director of the California Victim Compensation and Government Claims Board has demanded collection of any outstanding restitution fines or orders. (1/1/23) G. An allegation that a notice of administration has been provided to Franchise Tax Board as required by Prob. Code §§1215 and 9202, or that no such notice is required. H. An allegation as to the character of the property, whether separate or community. I. An allegation that all cash in the estate has been invested in interest bearing accounts, except for an amount of cash that is reasonably necessary for the orderly administration of the estate. J. A computation of the attorney fees and representative commissions requested, including the fee base, including gains or losses on sales. If the fee or commission is being waived, the petition shall so state. K. An itemization of all costs of administration, whether or not reimbursement is requested. L. The caption of a petition must be all-inclusive as to the relief sought. This includes, but is not limited to, a request for final distribution, distribution to a trust, request for statutory or extraordinary fees or commissions. M. A full and complete description of all assets on hand, including the legal description, assessor's parcel number, carry value and current fair market value. There shall also be a schedule setting forth the proposed distribution. N. In any petition for distribution, all independent acts taken without prior Court approval shall be set forth. If the act required giving notice of proposed action, the notice with proof of service attached shall be filed with the clerk. (1/1/09, 7/1/21) 8.84 Distribution to Minors The Court will require the following documents to be on file before making an order for distribution: A. If distribution is to be made to the guardian of a minor, a certified copy of the letters of guardianship; B. If a minor's estate is to be deposited in a blocked account, MC-355, "Order to Deposit Funds in Blocked Account" shall be presented at the hearing for distribution. (7/1/21) C. If distribution is to a custodian under the California Uniform Transfers to Minors Act (Prob. Code §3900 et seq.), the written notice of acceptance of the office by the custodian as described on Prob. Code §6347 (b). D. If distribution is to be made to a parent for the benefit of a minor under Prob. Code §3401, a copy of the written assurance, pursuant to Prob. Code §3300 by such parent. (1/1/04, 7/1/21) 8.85 (RESERVED FOR FUTURE USE) (8.85 Repealed 7/1/21) 8.86 (RESERVED FOR FUTURE USE) (8.86 Repealed 7/1/21) 8.86.1 Distribution Care-of Attorney The Court will not order distribution of an heir’s or devisee’s interest in the estate care-of his or her attorney, unless the written consent of the heir or devisee is filed with the Court. (1/1/09) 8.87 Distribution Pursuant to Agreement If the distributees seek distribution in a manner other than that provided by the will or by the laws of intestate succession, that fact should be alleged, and a written agreement (signed by all involved distributees with signatures acknowledged before a notary public) must be filed. If an Agreement for Distribution contains an assignment of interest from one party to another, the agreement must contain specific wording as to the assignment or a separate form of Assignment of Interest which has been signed and acknowledged before a Notary Public must be filed in the proceeding. Note: If any such distributee is a minor or is under disability, the agreement must be signed by the minor's legal guardian. Either earlier Court approval of the agreement in the guardianship proceeding must be proved in the probate proceeding or a petition for approval of the agreement in both the guardianship proceeding and the probate proceeding must be brought on for hearing at the same time. (7/1/08) 8.88 Disclaimers A copy of any disclaimer must be on file prior to the hearing of any petition for distribution of any affected asset. (7/1/99) 8.89 (RESERVED FOR FUTURE USE) (8.89 Repealed 7/1/21) 8.90 (RESERVED FOR FUTURE USE) (8.90 Repealed 7/1/21) 8.91 Orders Dispensing with Accounts If a guardianship or conservatorship estate meets the requirements of Prob. Code § 2628, a petition to waive accounts should be submitted. The petition may be submitted ex parte. A suggested form (PR-002 – “Ex Parte Petition to Dispense with Accounts and Order Thereon”) is available on the Court’s website at https://www.stanislaus.courts.ca.gov/under “Probate Forms”. (7/1/99, 7/1/21) 8.92 Discharge or Account Review Hearing A. At the time an order for final distribution is made, a review hearing will be scheduled for the purpose of monitoring the filing of receipts on distribution and, if appropriate, the filing of a request for discharge of the personal representative. B. In matters where there are retains of less than $20,000, the discharge review hearings will be scheduled six (6) months from the date of the order of final distribution. C. In matters where there are retains of $20,000 or more, an account review hearing for filing the accounting required by Local Rule 8.68 will be scheduled six (6) months from the date of the order of final distribution. (Rule 8.92 [1/1/11, 7/1/21] amended January 1, 2025) JOINT TENANCIES AND LIFE ESTATES 8.93 Proceedings in Name of Decedent A petition to establish the fact of death must be filed in the name of the deceased person whose interest has been terminated. The petition must be verified. (7/1/99) 8.94 Separate Petition Preferred Probate Code §200, et seq. authorizes a petition to establish fact of death to be included in a verified petition for probate of will or for letters of administration. However, attorneys are encouraged to file a separate petition under the same number in order to avoid administrative difficulties. No such separate petition may be filed after the filing of a petition for final distribution; and, if a petition to establish fact of death is then filed, it should be in a new proceeding under a new number. (7/1/99) 8.95 Obtaining Order The order can be obtained ex parte if the petition is accompanied by: A. An affidavit or declaration by petitioner that petitioner has no reason to believe that there is any opposition to, or contest of the petition. B. A death certificate. C. A copy of the deed or other document that created the joint tenancy, and D. The proposed order. E. Filings not accompanied by these documents must be set for hearing in accordance with the appropriate Probate Code section. F. If a check for the certification fee and a stamped self-addressed envelope are furnished, the Clerk will obtain the Judge's signature, file the order, certify the copy, and mail it to the petitioner's attorney. (7/1/99) 8.96 Fees There is no provision in the code for the determination by the Probate Court of attorneys' fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character shall be included in any petition for fees in an estate matter, and if so included, will be disallowed. (7/1/99) PETITIONS SETTING ASIDE ESTATES AND SPOUSAL PROPERTY PETITIONS 8.97 Petition to Set Aside Under Probate Code §6600-§6613 or For Letters A petition to set aside under Prob.Code §6600, et seq. may be filed as a separate petition or may be worded in the alternative, i.e., the petition may pray for admission of the will and for letters testamentary or for letters of administration if the petition to set aside should be denied. If a petition to set aside is filed separately and concurrently with a petition for admission of the will or for letters of administration, the petitions should be set for hearing at the same time. (7/1/99) 8.98 Spousal Property Petition-Probate Code §13650 A. The petition must list, on separate schedules, the decedent's interest and the surviving spouse's interest in the property. For example, if it is alleged the decedent and surviving spouse owned as community property a piece of real property, the decedent's undivided one-half (1/2) interest in such property should be listed on one schedule and the surviving spouse's one-half (1/2) interest in the same property listed on another schedule. B. In addition to the allegations required by law, a petition to determine and/or confirm community property should contain as many of the following allegations as are relevant: 1. Date and place of marriage to surviving spouse. 2. Whether or not decedent owned any real or personal property on date of marriage, and if so, descriptions and appropriate values. 3. Decedent's net worth at time of marriage. 4. Whether decedent received any property after date of marriage by gift, bequest, devise, descent, proceeds of life insurance or joint tenancy survivorship, and if so, descriptions, approximate value and date of receipts. 5. Whether any property so received by decedent under (d) above is still a part of this estate, and if so, identification of such property. 6. Date decedent first came to California after marriage. 7. Any additional facts upon which claim of community property is based. If the claim of community property is based on any document, a copy thereof (preferably a copy showing signatures) should be included as an exhibit in support of the petition. (7/1/99, 7/1/21) 8. When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition. (7/1/21) 8.99 Petition to Succeed to Personal Residence Probate Code § 13150 A. If the distribution requested in the petition is pursuant to the decedent’s will, a proof of subscribing witness shall be filed in the proceedings. B. When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition. (Rule 8.99 [7/1/99, 7/1/21] amended January 1, 2026) INDEPENDENT ADMINISTRATION 8.100 Notice and Publication Requirements A. If the request for authority to administer the estate under the Independent Administration of Estates Act (IAEA) is made by separate petition, notice must be given for the period and in the manner applicable to the petition for appointment. (Prob. Code § 10451). B. If notice of proposed action is required prior to performance of an act under IAEA authority, the original of the Notice of Proposed Action, with attached affidavit of mailing, shall be filed with the Court. (7/1/99) TRUSTS 8.101 (RESERVED FOR FUTURE USE) (8.101 Repealed 7/1/21) 8.101.1 Special Needs Trust Accountings When rendering an accounting in a Special Needs Trust, notice must be given to the California State Department of Health Care Services, State Department of State Hospitals, and the State Department of Developmental Services. (7/1/09, 7/1/23) 8.102 (RESERVED FOR FUTURE USE) (8.102 Repealed 7/1/21) 8.103 (RESERVED FOR FUTURE USE) (8.103 Repealed 7/1/21) 8.104 (RESERVED FOR FUTURE USE) (8.104 Repealed 7/1/21) 8.105 (RESERVED FOR FUTURE USE) (8.105 Repealed 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.