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Rules 1000 to 1021: probate matters and adoptions assigned under the annual order, LPS conservatorships set only on Tuesdays and adoption proceedings on Thursdays or Fridays, moving pleadings filed at least 15 days and supporting papers at least 10 days before the hearing (proofs of publication within two days), proposed orders lodged at least five days before, an automatic two-week continuance for untimely filing, the personal representative's birth date and driver's license number on the confidential Acknowledgment of Receipt of the Statement of Duties and Liabilities, an Order to Show Cause if no Judgment of Final Distribution or Report of Status of Administration is filed within 12 months after letters issued (18 months with a federal estate tax return), and the notice of special letters, publication of notice of death and notice to creditors (1000); a matter approved without a hearing on counsel's written verification of agreement, all matters posted on the court's web site the day before each hearing date, continuances in court or through the probate judge's clerk, no more than three without good cause, and an oral objection to a will continued up to four weeks for a written contest (1001); contested petitions - a face-to-face meet and confer, a Statement of Issues and an offer of proof from each party, the calendar clerk notified or the statement filed at least two court days before, and verified written objections (1002); ex parte petitions heard on any court day at the probate judge's determination, appointments made through the clerk of the court in room 201 of the Visalia courthouse or the civil clerk at the South County Justice Center, verified petitions with evidentiary facts, special notice statements, at least six business hours' notice where the need for an opportunity to be heard is apparent, and a separate order complete in itself (1003); probate referee applications, and inventories and appraisals filed at least two weeks before a sale or distribution with the bond particulars on form DE-160 (1004); accountings in the Summary of Account format, supplemental and amended accounts, waivers of accounting and distribution petitions (1005); family allowance orders for a definite period usually not over 12 months (1006); no order or letters of general guardianship before each proposed guardian has viewed the online guardianship orientation and filed the Declaration of Completion of Orientation for Guardian, filed the Confidential Guardianship Questionnaire (PRO-004) and, with each household member over 18, completed Live Scan fingerprinting (1007); no order or letters of general conservatorship, except for the public guardian or a qualified professional conservator, before each proposed conservator has viewed the online orientation and the video "With Heart: Understanding Conservatorships," printed or downloaded the Handbook for Conservators and filed the Declaration of Completion of Orientation for Non-Professional Conservators, filed the Confidential Conservatorship Questionnaire (PRO-006) and completed Live Scan fingerprinting (1008); no out of state conservator without good cause (1012); care plans under Probate Code section 2351.2 on forms GC-355 and GC-356 (1013); independent powers limited to specific factual situations and enumerated in the statute's language, sales of real property returned for confirmation (1014); a minimum bond of $10,000 in conservatorships and guardianships of the estate (1015); sanctions or surcharges for incorrect filings (1016); the conservatee's appearance and an updated Capacity Declaration on a petition to terminate, and a certified copy of the death certificate within 30 days of the conservatee's death (1017); accountings in the format for decedents' estates with current addresses, bond adequacy, and an Order to Show Cause if an accounting is not filed (1018); appointed counsel for a conservatee or ward not later representing the conservator or guardian (1019); final distribution on a conservatee's or ward's death only after a personal representative is appointed, and the investigator's assessment paid before termination (1020); and limited conservatorships - the regional center report, a hearing set at least 30 days after notice to the regional center (Appendix 6), and confidential envelopes for sensitive reports (1021)
CHAPTER 10 - PROBATE MATTERS PART ONE. General Rule 1000 - Calendar and Procedural Matters (a) Probate Calendar - All probate matters and adoptions will be assigned as set forth in the annual order of the court pursuant to The Superior Court of Tulare County, Local Rules, rule 300. Conservatorships under the Lanterman-Petris-Short Act (hereinafter “LPS”; Welf. & Inst. Code, § 5150 et seq.) will be
Reviewer note: Composed 2026-10-14 (California T4 Tulare build 2026-10-14) from BenchPath custody ca/t4/ca-tulare/docs/local-rules/remediated-local-rules-effective-70126.pdf (the court's rule book, its first page “(Revised 07/01/2026) TULARE COUNTY SUPERIOR COURT LOCAL RULES”, as fetched 2026-10-14; 1062132 bytes, sha256 be58dbaab3a00c40a0d8449761c1841880e50c19a0a04177d0200d6d3115984d; 138 pages; this part PDF pages 68 to 76, printed pages 68 to 76) with the shared verbatim composer (v2 reflow): the rules (PDF pages 25 to 104) composed as one text and cut at the chapter headings (“CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT” to “CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES ...”, Chapters 1 to 3, 4 and 5, and 6 and 7 joined) and, in Chapters 9, 10 and 11, at a rule or part heading (“Rule 920 - Custody Evaluations”; “PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships”, “PART FOUR. Compensation of Fiduciaries and Attorneys”; “Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26)”), each matched once as a whole line; every page's footer (“(Revised 07/01/2026)”, named, and its printed page number, “25” to “104”) removed as chrome - 160 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-14.txt) finds one struck run in the book, a single space on PDF page 131 (the standing orders), no character; 1 whitespace-only fix (build/book-fixes.json: Rule 1059(h)(1)'s inline list of the factors for fiduciary fees, broken at the foot of PDF page 86, rejoined); 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, 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 (PDF page 1), the contents (2 to 8), the list of local forms (9 to 15), the table of rule modifications (16 to 24), the appendices that are forms (105 to 115, Appendix 8 apart) and the subject matter index (133 to 138) belong to no card. Review note: Rules 1009 (Orientation Program) and 1011 (Providing Information) are printed “(Omitted 07/01/25)”; Rules 1007(a) and 1008(a) now state the orientation and Live Scan requirements. The Conservatorship Orientation page (carded) says “Tulare County Superior Court Rule 1009 requires each proposed conservator to view the educational program”, the Mandatory Background Check page (carded) cites “Tulare County Rules of Court 1011”, and the Declaration of Completion of Orientation for Non-Professional Conservators (PRO-XXX, held) cites Local Rule 1009 - review tasks on those cards.
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 > Tulare County > Superior Court of California, County of Tulare
CHAPTER 10 - PROBATE MATTERS PART ONE. General Rule 1000 - Calendar and Procedural Matters (a) Probate Calendar - All probate matters and adoptions will be assigned as set forth in the annual order of the court pursuant to The Superior Court of Tulare County, Local Rules, rule 300. Conservatorships under the Lanterman-Petris-Short Act (hereinafter “LPS”; Welf. & Inst. Code, § 5150 et seq.) will be set only on Tuesdays, and adoption proceedings on Thursdays or Fridays as directed by the court. (b) Filing Deadlines - All required moving pleadings in probate matters must be filed with the superior court clerk at least 15 days prior to the hearing date. All Probate Code and court ordered due dates for filing will be strictly observed (e.g., inventory and appraisements, accountings, status reports, receipts on blocked accounts, and receipts from personal representatives on deceased conservatees). Failure to comply with statutory or court requirements may result in imposition of surcharges, or other sanctions, without a showing of good cause. (c) Filing of Pleadings and Proposed Orders - All pleadings and orders submitted in probate matters must be captioned in conformity with rules 2.111 and 7.102 of the California Rules of Court, and other applicable law. The hearing date and time must be all in upper case. (1) Supporting Papers - Supporting papers must be filed at least 10 days in advance of the scheduled hearing date. Proofs of publication may be filed within two days of the scheduled hearing date. (2) Orders - Except in the case of confirmation of sales and contested matters, proposed orders should be lodged in the court case file at least five days in advance of the scheduled hearing date unless authorized by the court. (3) Continuance on Untimely Filing - For failure to file supporting papers or other documents necessary to allow the court to rule on the particular matter, the court will automatically continue the matter for two weeks, without a showing of good cause for such failure. (4) Duties and Liabilities of Personal Representative - As authorized by Probate Code section 8404(b), these rules require the personal representative’s birth date and driver’s license number on the Acknowledgment of Receipt of the Statement of Duties and Liabilities of Personal Representative. The Receipt shall be maintained in a confidential envelope in the court case and will not be released for viewing by the public. (d) Disposition Requirements - In probate matters involving a decedent’s estate where a personal representative has been appointed, the court will issue an Order to Show Cause (OSC) regarding the status of the case if a Judgment of Final Distribution, or a Report of Status of Administration, has not been filed within 12 months after probate letters issued in cases where a federal estate tax return is not required. In an estate for which a federal estate tax return is required, the Judgment of Final Distribution or Report of Status of Administration is to be filed within 18 months from the issuance of letters. At the OSC hearing, the court will establish appropriate time limits to accomplish a prompt disposition of the matter. (e) Special Notice Situations (1) Special Letters - Except in unusual cases, a party seeking special letters of administration, or temporary letters of guardianship or conservatorship, must give notice of the application to the surviving spouse, proposed ward, domestic partner, conservatee, or other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice. This notice must be given as required for other ex parte orders. (See California Rules of Court, rule 3.1200-3.1207.) (2) Publication of Notice of Death - The published notice of death is sufficient to include only those instruments that are offered for probate and specifically referred to in the petition for which the notice is given. Any other will or codicil not specifically mentioned in such petition must be presented to the court in an amended petition or a second petition, and notice of that hearing must also be published. (3) Mailing of Notice of Administration/Notice to Creditors - Notice to known creditors, apart from that published as otherwise prescribed by law, is required under Probate Code section 9050, and proof of said mailing must be filed with the court prior to the filing of any petition for final distribution. “Notice to Creditors” is a Judicial Council form bearing a proof of service on the reverse for completion and filing with the court. (07/01/97) (Revised 01/01/07, 01/01/16, 01/01/2020, 07/01/25, 07/01/26) Rule 1001 - Hearing Procedures (a) Approval of Matters without Hearing - If, after reviewing the file, a matter is unopposed and approved by the court or approved by the court with modification accepted by counsel, no appearance of counsel will be necessary on the hearing date if written verification of agreement is filed by counsel. If, at the time set for hearing on any such pre-approved matter, any opposition to requested relief is offered in writing, the matter will automatically be continued two weeks and written notice will be given by the clerk to petitioner’s counsel of record, unless otherwise directed by the court. If the court refuses to approve the request without hearing due to the petitioner’s failure to satisfy statutory or local rules requirements, the matter will be continued for two weeks, without a showing of good cause. All matters will be posted on the court’s web site at https://www.tulare.courts.ca.gov and on the appropriate links for the probate department the day before each hearing date. (b) Continuances - Continuances requested by counsel may be made only in court, or through the probate judge’s clerk. A continuance will not be granted if there is opposing counsel unless a request is made in open court, or by written stipulation of all counsel, to a date arranged by the probate clerk. If the matter has been specially set, it may not be continued without the written stipulation of all counsel and the approval of the court scheduled to hear the matter. Without a showing of good cause, no more than three continuances will be granted before the matter is dropped from the calendar. If a petition for probate of a will is called for a hearing, and an attorney or party appears and orally objects, the court will continue the hearing for a reasonable length of time, not exceeding four weeks, if the party objecting declares that a written contest will be filed. If such written contest is not actually filed prior to the continued date, the hearing will proceed as if no objection had been made. (07/01/00) (Revised 01/01/07, 07/01/25) Rule 1002 - Contested Matters (a) Meet and Confer Requirement - If any probate petition is contested or opposed, the parties or attorneys must make a reasonable and good faith attempt to informally resolve the controversy, at a face-to-face conference, before any hearing of the contested petition. If there is no resolution, each party must file a Statement of Issues identifying every unresolved issue with references to any supporting evidence and memorandum of points and authorities on file, and an estimate of the time required for the hearing. Each party must also prepare and file, by declaration, an offer of proof listing the witnesses to be called and the nature and the general subject matter of their testimony. At least two court days before the hearing date, each party must either (1) notify the calendar clerk in the court administrator’s office that the controversy has been resolved, or (2) file and serve the Statement of Issues. This rule will not apply to contested LPS conservatorship matters not involving jury trials and for which estimated time for hearing is 30 minutes or less. (b) Transfer to Trial Calendar - If the hearing on a contested matter is estimated to be one day or less, the hearing will usually be held before the probate judge on the regular probate calendar. If a hearing on a contested matter is estimated to be more than one day, and counsel appear at the probate calendar, the matter will be set by the probate judge on the trial calendar. (c) Objections - Any opponent to a petition, accounting, or other matter scheduled for hearing, except contested LPS conservatorship petitions, must file verified, written objections stating the grounds for such objections prior to the hearing. Notice of any opposition and/or any intention to appear must be given to the attorney for petitioner at least two court days before the scheduled hearing date, unless good cause is shown. (07/01/00) (Revised 01/01/07, 01/01/20) Rule 1003 - Ex Parte Matters Ex parte petitions will be heard in the court probate department according to the assigned probate judge’s determination on any court day, subject to the probate judge’s availability. In the probate judge’s absence, ex parte matters will be heard by another judge. Appointments for ex parte hearings must be made through the clerk of the court (room 201 of the Visalia courthouse or the civil clerk at the South County Justice Center). No application for an ex parte order, or a temporary restraining order which has been previously rejected by a judge of this court, shall be presented to any other judge of this court without the judge to whom it is being presented being expressly informed of the circumstances of the previous application and the reasons for its denial. (a) Contents of Petition - All petitions for an ex parte order must be verified by the petitioner and must contain sufficient evidentiary facts of the emergency nature of the petition to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation must be shown for the petitioner’s personal knowledge. (b) Special Notice Allegation - All petitions for ex parte orders submitted after the initial appointment of the personal representative must contain a statement on special notices. The statement must either recite that no request for special notice is on file and in effect, or it must list the parties requesting special notice and have attached the specific waivers of notice by such parties or proof of service on such parties. (c) Notice to Counsel or Opposing Party - Where the emergency nature of the application is apparent and the court elects to consider the matter ex parte, but the need for an opportunity to be heard is also apparent, moving counsel must give at least six business hours’ notice of the nature of the application and the time and place of the hearing to counsel for other interested parties or to unrepresented interested parties. Before the court will proceed with the hearing, moving counsel must submit a declaration to the court factually setting forth efforts to give such notice, or facts supporting the conclusion that it was impossible to give such notice. (d) Separate Order Must Accompany Petition - Except where a Judicial Council form is used, a petition for an ex parte order must be accompanied by a separate order complete in itself. It is not sufficient for such order to merely provide that the application has been granted, or that the sale of property or security set forth in the petition has been approved. (e) Sale of Personal Property: Ex parte petitions for approval of sale of depreciating or perishable personal property pursuant to Probate Code section 10000 et seq. must set forth the appraised value of such property. Ex parte petitions for the sale of securities must set forth the established stock or bond exchange applicable to the sale, or if there is no such exchange, then the amount of the minimum sales price must be stated. (07/01/00) (Revised 01/01/07, 01/01/20, 07/01/26) Rule 1004 - Probate Referee Procedures (a) Appointment of Probate Referee – The State Controller’s office maintains a list of approved probate referees in each county. Applications for appointment of one of the approved probate referees for Tulare County may be filed with original petitions or moving papers. If a referee is not appointed on the order for probate, an original and one copy of an application for appointment of a referee must be filed with the clerk. Such application should not be made earlier than the time at which the order of appointment of executor, administrator, guardian, or conservator is submitted. (b) Submission of Inventory - All inventories and appraisals for sales (whether initial or subsequent) must be received from the appointed referee and filed with the clerk of the court at least two weeks prior to any court appearance involving a sale or distribution of any assets contained in such inventory and appraisal. (c) Statement Regarding Bond - Items 5 through 8 of the “Inventory and Appraisal Form” (DE-160) must be fully completed as to the particulars of the bond, or assurance to the estate, in all matters requiring the filing of an inventory and appraisal except for Spousal Property Petitions and Summary Administration proceedings under Probate Code section 13100 et seq. (07/01/97) (Revised 01/01/07) Rule 1005 - Accountings and Final Distributions (a) General Requirements - The format for all accountings filed in probate proceedings, including guardianship, conservatorship, and decedent’s estates and trust accounts, must be in conformance with Probate Code section 10900 et seq. and the materials set forth in the following continuing education of the bar publications: California Decedent Estates Practices, California Conservatorships, and California Trust Administration. All accountings must set forth the beginning and ending dates of the accounting period, contain a summary or recapitulation of all charges and credits to the fiduciary, and be presented in a standard financial statement format entitled, “Summary of Account.” (See Prob. Code, § 10900 for proper format.) The “Summary of Account” must be included in the body of the petition, or incorporated by reference, and charges and credits must balance. (b) Supplemental and Amended Accounts - A supplemental accounting in a decedent’s estate must include only receipts and disbursements occurring since the ending date of the last filed accounting. A supplemental account is not to be used to amend or correct the last filed account. An “Amended Accounting” must be filed to change the last accounting filed. Any supplemental or amended accounting must be noticed for hearing, unless the court by order dispenses with notice. (c) Waiver of Accounting - Even though an accounting has been waived, the report that is made in lieu thereof must state how much is to be paid to the attorney and the representative and set forth the manner in which such compensation is calculated. The report must also clearly identify the assets in the estate on hand at the end of the accounting period. “Waivers of Accounting on Final Distribution” must comply with Probate Code section 10954. Applications for “Waiver of Accounting” must be included in the caption of the Petition and in the Notice of Hearing. (d) Preliminary and/or Final Distribution Requests - In any request for distribution, sufficient facts must be set forth as to known creditors’ claims, contingent claims, administration expenses, taxes, projected fees and commissions, and other necessary information, in order for the court to determine that the estate is solvent and that the distribution may be made as prayed. It is not sufficient to merely state that all claims have been paid. The claims presented must be listed, showing the claimant, the amount claimed, and the disposition of each claim. If any claim has been rejected, the date of service of the notice of rejection of the claim must be stated. The allegations regarding disposition of all claims must appear in the petition for final distribution even though such allegations may have appeared in whole or in part in prior petitions. A request for preliminary distribution must also indicate why the estate is not in a condition to be closed. (e) Distribution Petitions and Orders - A petition for distribution must describe in detail all property to be distributed either in the body of the petition, in the prayer, or by an Account Summary incorporated in the petition by reference. An order of distribution must be drafted so that it is complete without reference to the petition, and without reference to any documents which are not part of the order. Complete legal descriptions of all assets and the full names of all distributees must be set forth in the order, not attached thereto. Nothing shall follow the signature of the judge. (07/01/97) (Revised 01/01/07) Rule 1006 - Family Allowance Before an inventory is filed, the court may order a family allowance, as provided in Probate Code sections 6540, 6541, and 6542. If a petition for a family allowance order is filed more than six months after the personal representative has been appointed, or after the inventory has been filed, or is a petition for a second or increased allowance, it must be noticed and placed on the calendar. Such orders will be limited to a definite period, usually not to exceed 12 months. It is the court’s policy not to make orders for family allowance for an unlimited period. If any estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a family allowance without prior court order by following the Notice of Proposed Action procedure as set forth in the Probate Code. (07/01/97) (Revised 01/01/07) PART TWO. Guardianships and Conservatorships Rule 1007 - Procedures for Temporary and General Guardianships (a) Guardianship Orientation; LiveScan process; Guardianship Questionnaire. The court will not issue an order appointing general guardian, or issue letters of general guardianship, before: (1) each proposed guardian has viewed the court’s online guardianship orientation and filed a completed “Declaration of Completion of Orientation for Guardian”; (2) each proposed guardian has filed a completed Confidential Guardianship Questionnaire (PRO-004); and (3) each proposed guardian, and each member of his/her/their household over the age of 18 has completed the Department of Justice Live Scan fingerprinting/background check process and authorized release of required information to the court. (b) Information and Instructions on Guardianship Procedures. Packets with information and instructions on procedures and required forms for guardianships are available on the court’s website at https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions. (07/01/00) (Revised 01/01/07, 01/01/09, 01/01/10, 01/01/16, 07/01/25) Rule 1008 - Procedures for Temporary and General Probate Conservatorships (a) Conservatorship Orientation; LiveScan process; Conservatorship Questionnaire. Unless the proposed conservator is the public guardian or a previously qualified professional conservator, the court will not issue an order appointing general conservator, or issue letters of general conservatorship, before: (1) each proposed conservator has (i) viewed both the court’s online conservatorship orientation and video entitled “With Heart: Understanding Conservatorships,” (ii) printed and/or downloaded the Handbook for Conservators available on the court’s website, and (iii) filed a completed “Declaration of Completion of Orientation for Non-Professional Conservators”; (2) each proposed conservator has filed a completed Confidential Conservatorship Questionnaire (PRO-006); and (3) each proposed conservator has completed the Department of Justice Live Scan fingerprinting/background check process and authorized release of required information to the court. (b) Information and Instructions on Conservatorship Procedures. Packets with information and instructions on procedures and required forms for conservatorships are available on the court’s website at https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions. (01/01/03) (Revised 01/01/07, 07/01/25, 07/01/26) Rule 1009 - Orientation Program – (Omitted 07/01/25) Rule 1010 - Ex Parte Motions for Temporary Conservatorships – (Omitted 07/01/25) Rule 1011 - Providing Information – (Omitted 07/01/25) Rule 1012 - Out of State Conservators Generally, no out of state conservator will be appointed unless good cause is shown. (01/01/03) (Revised 01/01/07) Rule 1013 - Care Plans Effective January 1, 2025, a conservator granted powers under chapter 5 of part 4 of division 4 of the Probate Code (§§ 2350-2361) shall file a care plan as provided in Probate Code section 2351.2. (See Prob. Code, § 2351.2; see also Confidential Conservatorship Care Plan—Part 1 (form GC-355) and Confidential Conservatorship Care Plan—Part 2 (Medical Information) (form GC-356).) (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/25) Rule 1014 - Independent Exercise of Powers The conservator or guardian has broad powers to act for the conservatee’s or ward’s benefit under Probate Code sections 2400 through 2586. If necessity requires a grant of independent powers under Probate Code sections 2590 through 2595, the court will generally limit such grant to specific factual situations. The following rules will apply to all cases involving such independent powers: (a) Temporary Conservatorship/Guardianship - Independent powers will be granted to a temporary conservator or guardian only in unusual situations upon a showing of good cause. (b) Factual Showing - The court will require a factual showing, by verified petition, affidavit, or declaration by the petitioner that (1) the power requested is needed to administer the estate or protect the conservatee/ward; and (2) the granting of such power would be to the advantage, benefit, and in the best interests of the estate and/or the conservatee/ward. (c) Specific Enumeration of Powers - Each power must be described in detail by quoting the specific language of the subsection enumerating the requested power. It is not sufficient to incorporate by reference Probate Code section 2591 in the petition. (d) Real Property Description - Where the power to sell real property is requested, and the property which may be sold includes the conservatee’s home or former home, this fact must be specifically disclosed to the court in the petition. (e) Court Confirmation of Real Property Sales - Where the power to sell real property is granted, the court will require the sale to 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 specifically set forth in the Order and the “Letters of Guardianship or Conservatorship” (Prob. Code, § 2594). (07/01/97) (Revised 01/01/07) Rule 1015 - Surety Bonds A minimum bond of $10,000 is required in all conservatorships/guardianships of the estate. The court must make a finding of good cause for the bond to be waived. A copy of the bond shall be filed in the court file each time a bond is renewed. (01/01/03) (Revised 01/01/07) Rule 1016 - Sanctions Sanctions or surcharges may be imposed by the court for incorrect or incomplete filing of probate conservatorship or guardianship documents. (01/01/03) (Revised 01/01/07) Rule 1017 - Termination (a) When a petition seeks termination of a conservatorship for a reason other than the death of the conservatee, the court will require the appearance of the conservatee at the hearing on the petition. The petition must include an updated Capacity Declaration completed by a qualified physician who has regular contact with the conservatee. (b) Within 30 days of the death of the conservatee, or as soon as practicable thereafter, the conservator must notify the court by providing a certified copy of the death certificate. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/25) Rule 1018 - Accountings for Conservatorships and Guardianships Accountings of conservators and guardians must follow the format prescribed in these rules for decedents’ estates and in Probate Code section 2620. Reports of conservators and guardians must contain the current address and phone number of the conservatee or ward, as well as of the conservator or guardian. Any change of address should also be noted in the petition, or in any separate pleading, at the time the change is made. (a) Adequacy of Bond - Reports of conservators and guardians, at the annual and biannual reviews, must state the amount of the current bond (or bonds in the event two or more bonds are on file) and state whether any additional bonds are necessary to protect unblocked personal property plus one year’s estimated income. Each report should also show any blocked bank accounts or assets impounded with a depository. Any significant changes in the value of assets should be reported, together with the effect on the adequacy of the bond. The conservator must consider the possible need for reappraisal and inform the court of any such need. (b) The Inventory and Appraisal and the Final Accounting of the estate – The I&A and Final accounting must be filed (Probate Code 2610(a) and are not waived with a Waiver of Accounting unless otherwise ordered by the Court. (c) Accounting Deadlines - A final accounting should be filed consistent with Probate Code section 2620, subdivision (a). If the document examiner has reviewed the accounting and submitted comments to the court, that review shall be provided to the public guardian no later than five days prior to the scheduled or continued hearing date. If an accounting is not filed as required, the court will issue and serve an Order to Show Cause why the accounting has not been filed. (d) Waiver of Accountings - Except as expressly provided in the Probate Code, the probate court will not approve any request or petition for waiver of any accounting or of a final accounting upon the death of the conservatee or ward, termination of conservatorship or if the conservator resigns or is removed. (e) An accounting waiver in conservatorships and guardianships for small estates may be approved at the court’s discretion under the provisions of Probate Code section 2628, provided that (1) such waiver was previously approved in an initial filing; or (2) a verified petition in support of the waiver is filed and noticed for hearing. (f) If accountings have been waived, the court will require that they be reinstated if circumstances of the estate change. (07/01/97) (Revised 01/01/07, 01/01/09, 01/01/16) Rule 1019 - Conflict of Interest Attorneys who are appointed by the court to represent conservatees/wards or proposed conservatees/wards, pursuant to Probate Code sections 1470 and 1471, are deemed to stipulate to the court, by accepting such appointment, that they will not subsequently represent the conservator/guardian in the same conservatorship/guardianship. (01/01/03) (Revised 01/01/03) Rule 1020 - Final Distribution in Conservatorships and Guardianships (a) Death of Conservatee or Ward - A petition for final distribution upon the death of a conservatee or ward will be approved only after appointment of a personal representative of the conservatee’s or ward’s estate, or under other provisions for disposition pursuant to Probate Code section 2631(b) (regarding small estates). The petition must identify the personal representative and the court and case number of the probate proceeding for the decedent. If disposition of assets under Probate Code section 2631 is requested, the petition must contain factual statements required under that section and under the applicable chapter of the Probate Code (Prob. Code, §§ 13000 et seq.). (b) Investigator’s Assessment - Prior to the granting of a Petition for Termination of a conservatorship, the Court will determine that the court investigator’s assessment for services rendered to the conservatorship estate has been paid. (07/01/97) (Revised 01/01/07, 01/01/09) Rule 1021 - Limited Conservatorships The involvement of a developmentally disabled conservatee must be clearly set forth in all conservatorship and guardianship petitions and accountings. Any conservatorship proceeding requiring a regional center report must be set at least 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. The form attached as Appendix 6 may be photocopied and utilized to facilitate ordering the regional center report and appointment of the public defender to represent the conservatee. (a) 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. (b) Accountings - Any accounting required in LPS or limited conservatorship matters must comply with the accounting requirements in other Tulare County conservatorship estate matters unless otherwise directed by the department designated to hear the LPS calendar. If the conservatee’s assets meet the criteria for waiver of accounting as set forth in the Probate Code, a conservatorship shall be of the person only and any income shall be handled through a representative payee, if appropriate. (c) Closed Status Reports - Reports by a regional center and the court investigator, and other documents or materials containing sensitive information filed in conservatorship files, must be maintained in a confidential envelope in the court case file with disclosure only to those persons authorized to receive such reports, as specified under Probate Code section 1826, subdivision (n), or to authorized persons pursuant to court order. (07/01/00) (Revised 01/01/07, 07/01/07, 07/01/25)
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.