Loading…
5.00.0 Probate Rules: the local general and civil law and motion rules applying, case numbers assigned when the case is filed, not reserved in advance (5.01.0 and 5.01.5); appearances required on sale confirmations and petitions with objections, incomplete or questionable cases continued one (1) to two (2) weeks or dropped if counsel does not appear (5.02.0); filed orders amended only by court order on noticed ex parte application (5.03.0); petitions filed at least fifteen (15) calendar days before the hearing, Probate Code section 17200 matters thirty (30) calendar days and minor’s compromise petitions seven (7) days before (5.04.0); papers requiring verification not considered without it (5.04.1); first hearing dates provided at filing, preferred dates reserved by calling the clerk’s office, review hearings not reserving a substantive hearing (5.04.5); notices prepared and submitted by the petitioner at filing, defective mailing continuing the hearing and defective publication requiring new notice (5.05.0); counsel to submit proposed orders by the third (3rd) court day before the hearing, except sale confirmations, contested matters and orders requiring agency information, complete without having to refer to the petition (5.06.0); blocked account orders stating no withdrawal shall be made without prior court order, the institution’s receipt filed within ten (10) days after deposit (5.07.0); special administration letters ordinarily on at least 24 hours’ notice to the surviving spouse and nominated executor (5.08.0); a nominated executor’s signed declination filed before the hearing, consents to serve by proposed representatives other than the petitioner, and removal citations to show cause (5.09.0 to 5.11.0); the original will lodged by the time the petition is filed, an expert’s translation if in a foreign language (5.12.0 and 5.12.1); persons and organizations named in the will or codicils listed in attachment 8 and noticed, declarations of efforts to locate heirs under rule 7.52 (5.13.0); a corrected Inventory and Appraisal (DE-160/GC-040) including all assets of the form corrected (5.14.0); creditors’ claims filed with the clerk’s office and mailed to the personal representative, dispositions reported on form DE-174 before distribution (5.15.0); on real property sales, notice to the proposed purchaser, an appearance, the sale contract attached, the bond set forth, a written posting request filed at least two court days before courthouse posting begins, and written overbids in open court (5.16.0); petitions for instructions only when no other procedure is provided by statute, proposed orders at least ten (10) calendar days before the hearing (5.17.0); accounting petitions and reports affirmatively addressing each issue of Probate Code section 1064, subdivision (a), among them unusual items, compensation paid, family or affiliate relationships with agents hired and cash not invested (5.17.1); distribution petitions describing property in detail, not by reference to the will or inventory, names and present addresses of all persons entitled when the inventory value exceeds $400,000, Probate Code sections 9201 and 9202 notice allegations, interest under section 12003 on general pecuniary legacies not paid within one (1) year from death, the independent acts listed, each creditor’s claim and disposition, and other matters reported under a waiver of accounting (5.18.0); the final discharge order portion completed except for the date and judge’s name (5.19.0); court authorization for advance compensation, statutory compensation calculated in the petition, on a waived accounting from inventory values plus receipts plus or minus sale gains or losses, and attorney’s fees for an attorney representative in a law firm only on a declaration of no share in them (5.20.0); extraordinary compensation ordinarily not paid before the final accounting is approved, referenced in the caption, prayer and notice to distributees, detailed by declaration under penalty of perjury with an amount per item, no time sheets (5.21.0); and costs advanced separately stated and described, Filing Fee Refund revoked, supporting documents and a proposed order submitted to the clerk’s office at least ten (10) court days before the hearing for recommended-for-approval status, notes posted as “Probate Notes” on the Court’s website several days before the hearing, and a recommended matter ordinarily continued if an objector appears (5.22.0 to 5.25.0)
5.00.0 PROBATE RULES 5.01.0 Local General and Civil Court Rules Applicable to Probate Matters: Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (Amended 1/01/01; effective 7/01/98) 5.01.5 Probate Case Numbers: The clerk’s office will assign a case number to a new probate case at the time the document initi
Reviewer note: Composed 2026-10-15 (California T4 Tuolumne build 2026-10-15) from BenchPath custody ca/t4/ca-tuolumne/docs/local-rules/local-rules-effective-aug-27-2026.pdf (the court's rule book, its cover “TUOLUMNE COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE AUGUST 27, 2026”, as fetched 2026-10-15; 1761964 bytes, sha256 d8dd3a98b9379c23580021b0a984d40fbc1adb83653c5e17edbe95a1fc3e27f2; 73 pages; this part PDF pages 32 to 41, page numbers 32 to 41) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 57) composed as one text and cut at the twelve chapter headings (“1.00.0 DIVISION OF BUSINESS AND GENERAL RULES” to “12.00.0 WRITS AND APPEALS”), each matched once as a whole line, one card per chapter; the book's caption above the first chapter (“SUPERIOR COURT OF CALIFORNIA / COUNTY OF TUOLUMNE / --o0o-- / RULES OF COURT - JANUARY 1, 2020”) cut out as a part of its own and held - a caption, not a rule; every page's running head (“LOCAL RULES - SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE”, named), page number and the five “///” continuation marks removed as chrome - 99 chrome lines; lines reflowed into the rules' paragraphs, each chapter and rule number and lettered or numbered subdivision starting a line; 2 whitespace-only fixes (build/book-fixes.json: Rule 2.06.0's three case management plans, printed one to a line, split back onto their lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-extra-audits-2026-10-15.txt and the two audits' runs) 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 list of the court's officers (2), the instructions (3), the table of contents (4 to 10), the appendix page (58: Form TUO-TRF-100, revised June 9, 2015, printed as a page image over an earlier edition's index that stays in the text layer), the Approved Local Forms by Name (59 to 64), the Alphabetical Subject Matter Index (65 to 70) and the Table of Authorities (71 to 73) 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 > Tuolumne County > Superior Court of California, County of Tuolumne
5.00.0 PROBATE RULES 5.01.0 Local General and Civil Court Rules Applicable to Probate Matters: Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (Amended 1/01/01; effective 7/01/98) 5.01.5 Probate Case Numbers: The clerk’s office will assign a case number to a new probate case at the time the document initiating the case is filed. New case numbers may not be reserved in advance. (Effective 7/01/19) 5.02.0 Appearances: a. Appearances are required on all petitions for confirmation of sale of real or personal property and any petition to which objections have been filed. b. If counsel does not appear on any calendared matter, cases that are incomplete or questionable will be continued one (1) to two (2) weeks or may be dropped off calendar, at the discretion of the Court. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.03.0 Correction of an Order: If an order has been filed it can be amended only by court order. Such an order may be obtained by submitting an ex parte application for an order, with notice to all parties, setting forth the basis for the correction and requesting the judge to sign the amended order. (Amended 7/01/10, 1/01/01; effective 7/01/98) 5.04.0 Time for Filing Petitions: All petitions must be filed with the clerk’s office at least fifteen (15) calendar days prior to the hearing, except as follows: a. Matters filed under Probate Code section 17200 et seq. shall be filed at least thirty (30) calendar days prior to the hearing. b. Petitions for compromise of a minor’s claim under Probate Code section 3500 and Code of Civil Procedure section 372 shall be filed with the Court at least seven (7) days prior to the hearing. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.04.1 Verification of Papers Filed Pursuant to Probate Code: Petitions, reports, accountings, and other papers that are required to be verified pursuant to Probate Code section 1020 et seq. shall be filed and, as applicable, served with the proper verification attached. Such papers will not be considered by the Court in the absence of proper verification. (Effective 1/01/18) 5.04.5 Probate Hearing Dates: The Court may limit the number of matters heard on a given probate calendar, such as the number of accounting hearings. For new cases, the clerk’s office will provide the date and time of the first hearing in the case at the time the document initiating the case is filed. Hearing dates for cases that do not yet have a case number may not be reserved in advance. For existing cases, parties are encouraged to call the clerk’s office in advance of filing their papers in order to reserve a hearing date if they have a preferred hearing date. If a party’s papers reflect a hearing date that was not reserved in advance and is not available, the clerk’s office may assign a different hearing date. Parties should note that review hearings are hearings set by the Court for its own monitoring of a case and do not constitute a reservation of that date for a substantive hearing on a request. For example, the Court regularly sets review hearings to ensure timely filing of inventories and appraisals, investigation reports, status reports, petitions for final distribution, and accountings, but the substantive hearing on a status report, petition for final distribution, or accounting will not automatically be held on the same day as the review hearing that was set only to ensure that paper was filed. (Amended 7/01/19; effective 1/01/19) 5.05.0 Mailing and Publication of Notices: a. Petitioner’s Responsibility: The clerk does not handle the mailing and publication of notices. Notices must be prepared and submitted at the time of filing the petition. b. Defects: 1. Publication correct but mailing defective: The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required. 2. Mailing correct but publication defective: The matter must be taken off calendar and new notice must be given by both publication and mailing. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.06.0 Orders: a. Proposed Orders: Except in the case of confirmation of sales, contested matters, and orders requiring information from a governmental agency, counsel shall submit the order no later than the third (3rd) court day prior to the hearing date. b. Form of Orders: All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based. (Amended 1/01/01; effective 7/01/98) 5.07.0 Blocked Accounts: A petition and order to place assets in a blocked account shall state that “no withdrawal or withdrawals shall be made without prior court order.” A receipt acknowledged by the financial institution indicating that (1) the cash and/or securities have been deposited in a blocked account and (2) the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order must be filed with the clerk’s office within ten (10) days after the date of deposit. Upon a showing of good cause, a petition for withdrawal of funds or securities may be submitted ex parte. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.08.0 Letters of Special Administration: Petitions for letters of special administration ordinarily will not be granted on fewer than 24 hours’ notice to the surviving spouse, the person nominated as executor, and any other person the Court determines to be entitled to notice. In making the appointment, preference is given to the person entitled to letters, but, if it appears that a contest exists, the Court may appoint a neutral person or corporation as special administrator. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.09.0 Declination of Executor: If a nominated executor declines to act, a signed declination must be filed prior to the hearing date. (Amended 1/01/01; effective 7/01/98) 5.10.0 Consent of Representative(s): Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative. (Amended 1/01/01; effective 7/01/98) 5.11.0 Removal of Personal Representative: After a petition for removal has been filed, the petitioner shall present to the Court an order directing the clerk to issue a citation. The petitioner must prepare a citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and the letters of appointment revoked. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.12.0 Lodging Original Will or Codicil: When a petition for probate of a will or codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the filing of the petition. (Amended 7/01/16, 7/01/10, 1/01/01; effective 7/01/98) 5.12.1 Translation of Will: If a will that is the subject of a petition for probate is in a foreign language, a translation by an expert shall be submitted at the time of filing the petition for probate. A declaration as to the expertise and accuracy of the translator shall accompany the translation. (Effective 7/01/16 [moved from rule 5.12.0]) 5.13.0 Notices: a. In a petition for probate of a will, all persons and organizations named in the will or codicil(s) shall be listed in attachment 8 and noticed. b. The trustee(s) of a living trust who is/are a beneficiary of a will shall be listed as a devisee and noticed. c. If a named devisee predeceased the decedent, that fact must be stated. In cases where the devisee died after the decedent, the date of death must be stated and notice mailed in care of his or her personal representative if one has been appointed or, alternatively, to an appropriate representative. d. A declaration specifying efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required, pursuant to California Rules of Court, rule 7.52. e. If the decedent has no known heirs or has heirs of a predeceased spouse pursuant to Probate Code section 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs. f. A petition for an appointment of a successor personal representative does not require a notice of petition to administer estate. Notice shall be given in the manner provided in Probate Code section 8100 et seq. Publication is not required. g. Notice to a minor whose name and address are known to the petitioner shall be addressed individually to the minor and mailed to the minor’s residence. A copy of the notice shall be sent to the minor’s parent(s) or guardian(s). (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.14.0 Inventory and Appraisal: When a corrected Inventory and Appraisal form (Judicial Council form DE-160/GC-040) is filed, the following requirements apply: a. The caption of the form shall state the date of the Inventory and Appraisal form that is being corrected. The filing date of the earlier form shall appear next to the “Corrected” checkbox in the caption. b. Because the corrected Inventory and Appraisal form supersedes the form it corrects, the corrected form shall include all assets from the earlier form to the extent they are properly part of the estate, as well as correct values for each of those assets as of the proper valuation date. (Reinstated as effective 7/01/19; revoked 7/01/16; amended 7/01/15, 7/01/01, 1/01/01; effective 7/01/98) 5.15.0 Creditor’s Claims: Creditors shall file their claims with the clerk’s office and mail a copy to the personal representative. The disposition of all such claims must be reported to the Court on the Judicial Council form DE-174 (Allowance or Rejection of Creditor’s Claim) prior to any distribution. This rule also applies to fiduciaries acting under independent administration powers. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.16.0 Sale of Real Property: a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required. b. A copy of the contract of sale shall be attached to the petition for confirmation of sale. c. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition. d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid. e. To request posting of the notice of hearing at the courthouse pursuant to Probate Code section 10308, subdivision (c) and section 1230, the petitioner shall file a written request, directed to the clerk’s office, for posting of the notice and shall attach to the request a copy of the notice to be posted. The request shall be filed at least two court days prior to the date on which the posting must begin in order to allow the clerk’s office sufficient time to process the request and post the notice. Upon posting the notice, the clerk’s office will prepare and file proof of posting, which proof will include the date the posting began. f. Overbids: All overbids made in open court must be in writing before the judge will accept the offer and grant the sale. (Amended 7/01/17, 7/01/16, 1/01/01; effective 7/01/98) 5.17.0 Petition for Instructions: A petition for instructions is appropriate only when no other procedure is provided by statute. The petition shall set forth the requested instructions and the reasons the instructions are necessary, or it shall set forth alternatives and the anticipated results of taking action under each listed alternative. All interested parties shall be noticed. A proposed order shall be submitted at least ten (10) calendar days prior to the hearing. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.17.1 Accountings: A petition or report accompanying an accounting filed pursuant to Probate Code section 1060 et seq. shall affirmatively address each of the issues covered by subdivision (a) of Probate Code section 1064, including as follows: a. If there were no sales, purchases, changes in the form of assets, or other transactions during the accounting period that are not otherwise readily understandable from the schedules, the petition or report shall so state. If there were any sales, purchases, changes in the form of assets, or other transactions that are not readily understandable from the schedules, an adequate description shall be provided, along with references to any applicable schedule(s), attachments, and/or other documents in the court record. b. If there are no unusual items appearing in the account, the petition or report shall so state. If there are any unusual items, an adequate explanation shall be provided, along with references to any relevant schedules, attachments, and/or other documents in the court record. c. If no compensation was paid as set forth at section 1064, subdivision (a)(3), the petition or report shall so state. d. If there was no family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period, the petition or report shall so state. e. If the cash has not been invested and maintained as set forth at section 1064, subdivision (a)(5), the petition or report shall so state, and the fiduciary shall provide an explanation. (Effective 7/1/2017) 5.18.0 Petitions for Distribution: a. Ex Parte Preliminary Distribution Petitions: Except upon the written consent of all beneficiaries or all heirs, ex parte petitions for distribution must set forth the justification for such urgent action. b. Description of Assets: Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable. This rule applies to preliminary and final distributions with or without an accounting. c. Specifically Bequeathed Property: If specifically bequeathed personal property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact. d. Description of Distribution: When the inventory value of the estate exceeds four hundred thousand dollars ($400,000), the names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution. e. Compliance with Probate Code Sections 9201 and 9202: All petitions for distribution shall contain allegations addressing the notice requirements of Probate Code sections 9201 and 9202, either that notice has been given as required by law or that no such notice is required. f. Specifically Devised Real Property: Unless waived, a separate accounting for specially devised real property is required. Such accounting shall set forth the income and expense allocable to such real property (e.g., rents, taxes maintenance, repairs, insurance). For apportionment of income and expenses, see Probate Code section 12002. g. Distribution to Intestate Heirs: The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of intestate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death. h. Distribution to Fiduciary: Where assets are to be distributed to a trustee, conservator, guardian, or other personal representative, an account shall be filed, unless waived. If distribution is to a trustee, there shall be filed with the petition for distribution either an acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the personal representative for the appointment and designation of a substitute trustee. i. Distribution by Agreement or Assignment: Where assets are to be distributed unequally in kind by agreement of heirs or beneficiaries, an executed and acknowledged copy of the agreement shall be attached to and incorporated into the petition for distribution and the terms of the agreement set out in the order of distribution to be made pursuant to Assignment of Interest of Heir or Beneficiary. The assignment shall set forth the details of consideration and shall be executed, acknowledged, and filed with the petition for distribution. j. Terms of Testamentary Trust: The terms of any testamentary trust must be set forth in full in the petition and order and not merely incorporated by reference. k. Distribution to Minor or Incompetent: On distribution to a minor or incompetent, either (1) the petition for distribution shall set forth facts showing compliance with Probate Code section 3400 et seq. or (2) there shall be filed with the petition certified copies of letters of conservatorship or guardianship. l. Interest on General Pecuniary Legacies: The Court will strictly enforce Probate Code section 12003 and will order payment of interest at the statutory rate on all general pecuniary legacies not paid within one (1) year from the date of the decedent’s death unless payment of interest is waived in the will. Attorneys are responsible for determining the correct rate and computing the amount of interest. m. Payment of Taxes: The petition for final distribution must address the question of the source of the payment of the federal estate tax, if any. If the tax is prorated, the final report must show the computation, and the order for final distribution must include the proration. n. Actions Under Independent Administration of Estates Act: If a personal representative has proceeded under the Independent Administration of Estates Act, the final report, whether or not accompanied by an accounting, shall contain a list of all independent acts performed and an allegation that all required notices of proposed action were duly served and that no objections were made. o. Disposition of Property without Notice: A personal representative’s final report shall (1) describe any sales, transfers, or disposals of estate property that were made without notice, (2) cite the authority for such action(s), and (3) include facts demonstrating compliance with the cited authority. p. Allegation on Creditor’s Claim: It is not sufficient simply to allege that all creditor’s claims have been paid. Rather, 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 notice of rejection of the claim shall be stated. The required allegation must appear in the final report, even though it may have appeared in whole or in part in prior reports. q. Allegations re: Character of Assets: In all cases in which the character of the property may affect distribution, regardless of whether the decedent died testate or intestate, the petition for distribution must contain an allegation as to the separate or community character of the property and the identity thereof. r. Waiver of Accounting on Final Distribution: The waiver generally makes a listing of the details of receipts and disbursements unnecessary. (Cal. Rules of Court, rule 7.550, subd. (a).) All other matters (e.g., the reporting of creditor claims, sales and purchases, and changes in the form of assets) must be presented in the report. (Id., rule 7.550, subd. (b).) Detailed schedules of receipts and gains and losses on sales must be included notwithstanding the waiver if the petition for final distribution requests statutory compensation based on an amount other than the amount reflected in the Inventory and Appraisal form(s). (Id., rule 7.705, subd. (b).) s. Closing Expenses: When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof. (Amended 1/01/20, 1/01/19, 7/01/16, 1/01/01; effective 7/01/98) 5.19.0 Final Discharge: The “order” portion of the declaration and proposed order for final discharge shall be completed in full except for the date and name of the judge. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.20.0 Statutory Commissions and Fees in Probate Estates: a. Court authorization is required for advance payment of any compensation to a fiduciary or attorney for any such fiduciary. b. Unless statutory compensation is waived, calculation of the statutory compensation and any prior payments of statutory compensation shall be set forth in the petition for compensation. c. Where the accounting is waived, the basis of the statutory compensation shall be the inventory values of the estate, plus receipts, plus or minus gains or losses on sales. Such gains or losses shall be reflected in the report of the personal representative. If receipts are to be included in the computation, they must be set forth in detail. d. The Court may deduct from the personal representative’s statutory commissions any sums paid from estate funds for the performance of the representative’s ordinary duties. e. Where an attorney is the personal representative and a member of a law firm, attorney’s fees will not be allowed unless a declaration is executed and filed stating that the representative will not share in the attorney’s fees to be received by the firm. (Amended 1/01/01; effective 7/01/98) 5.21.0 Extraordinary Services: In evaluating the alleged justification for an award of fees for extraordinary services, the Court will take into consideration the statutory fee and determine whether it constitutes adequate compensation for all of the services rendered by the attorney or representative. a. Ordinarily, compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the Court. b. Extraordinary services will not be considered unless the caption, prayer of the petition, and notice to distributees all contain a reference to the application for extraordinary compensation. c. Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include a detailed explanation of the extraordinary services. The explanation shall be separately stated in a declaration under penalty of perjury executed by the person rendering the services. Such application shall specify the amount requested for each item of service, not merely a “reasonable amount.” Time sheets shall not be submitted. d. In determining the compensation of an attorney for extraordinary services rendered with respect to real property sales, the Court will consider the amount of time involved, whether or not a real estate broker was employed, the involvement of the attorney in negotiations, the nature of the other services rendered (e.g., drafting of the sales agreement and its complexity, preparation of deeds and other documents), and other similar information. The personal representative also may request compensation for extraordinary services in regard to sales of real property. e. Preparation of Federal Estate Tax Return: In determining the compensation of a personal representative or an attorney for the preparation of a federal estate tax return, the Court ordinarily will consider the hours spent, the intricacy or peculiar nature of any of the issues or computations involved, the extent of any audit, the value of the gross estate, the amount of the tax, and other similar information. (Amended 7/01/16, 1/01/01; effective 7/01/98) 5.22.0 Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described. (Effective 1/01/01) 5.23.0 Filing Fee Refund (Revoked 7/01/10; effective 7/01/05) 5.24.0 Probate Note Procedures: Matters appearing on the probate calendar will be reviewed by the research attorney in advance and may be recommended for approval unless written objections have been filed prior to the time the matter is reviewed or there are procedural defects or other circumstances that need to be resolved before a requested order can be granted. a. To qualify for recommended-for-approval status, all supporting documents and a proposed order must be submitted to the clerk’s office at least ten (10) court days before the calendared hearing. b. Notes indicating the status of matters on the Court’s probate calendar generally are available several days prior to the hearing. This information is posted on the Court’s website at www.tuolumne.courts.ca.gov as “Probate Notes.” (Amended 7/01/16, 7/01/10; effective 1/01/07) 5.25.0 Matters Removed from Recommended-for-Approval Status: If an objector or counsel for an objector to a matter recommended for approval pursuant to rule 5.24.0 appears at the hearing, the Court ordinarily will continue the matter. The Court may direct that written objections or an opposing petition be filed prior to the continued hearing date. If the attorney of record on the matter is not present at the hearing, the courtroom clerk ordinarily will advise the attorney of record of the continuance and the reason therefore. (Amended 7/01/16, 7/01/10; effective 1/01/07)
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.