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Chapter 10: general probate rules - code citations, supplemental and amended pleadings, virtual and physical appearances, proposed orders lodged with the petition, ex parte petitions, video testimony, continuances, the Courtroom J6 calendar and walk-through stipulated petitions (Rule 10.00); guardianship - investigation, mediation, ex parte temporary guardianship heard at 8:30 a.m. Tuesday-Friday in Courtroom J1 (VN-234), status reports and Special Immigrant Juvenile findings (Rule 10.01); conservatorship - the petition, the conservatorship video and local form VN-182, notice and hearing, appointed attorneys, the court investigator, care plans, status reports and support orders (Rule 10.02); provisions common to guardianship and conservatorship, including the Public Defender's flat fees (Rule 10.03); probate proceedings - wills, referees, notice, bonds, inventories, status reports and statutory compensation (Rule 10.04); Heggstad petitions (Rule 10.13); spousal property petitions (Rule 10.14); extraordinary compensation (Rule 10.15); and petitions for instructions (Rule 10.16).
California > Second Appellate District > Ventura County > Superior Court of California, County of Ventura
CHAPTER 10: PROBATE, DECEDENTS’ ESTATES, CONSERVATORSHIPS, GUARDIANSHIPS, GUARDIANSHIPS OF THE ESTATE ONLY AND TRUSTS These rules supplement the Probate Code in a few particulars. Pro per parties and counsel are urged to consult the Probate Code and the California Rules of Court and to become familiar with the provisions that relate to their matters. RULE 10.00 PROBATE COURT PROCEEDINGS GENERAL RULES – DECEDENTS’ ESTATES, CONSERVATORSHIPS, GUARDIANSHIPS OF THE ESTATE ONLY AND TRUSTS A. CODE CITATIONS. Except for those filing using Judicial Council legal forms, all petitions filed in each case shall cite on the first page, in brackets immediately below the caption, the code section(s) pursuant to which the pleading is brought. B. SUPPLEMENTAL AND AMENDED PLEADINGS A “supplemental pleading” sets forth additional allegations after the original notification is filed, usually in response to probate notes. An “amended pleading” seeks new or additional relief from the original petition. An amended pleading requires the same notice (including publication) as the pleading it amends and must be filed and set for hearing as though an original petition. California Rules of Court, rule 7.104, governs the signing and filing of amended and supplemental pleadings. An amended pleading will result in an additional court filing fee and the court will not allow representation of an amended pleading as a supplemental pleading. C. APPEARANCE 1. TELEPHONIC AND VIDEO REMOTE APPEARANCE (“VIRTUAL APPEARANCES”) AND NOTICE OF SAME. Except as required for “physical appearance” below, the court encourages Virtual Appearances. For all non-evidentiary hearings and appearances, a party or attorney may appear virtually without prior notice unless the court issues an order otherwise. For evidentiary hearings, the option to appear virtually will be considered by the court as the circumstances of the particular case warrant. 2. NON-APPEARANCE. If a tentative ruling has been issued and no one appears in court at the time of the hearing, the tentative ruling shall become the minute order of the court, and the proposed order lodged at the time of filing of the petition will be signed to the extent consistent with the tentative ruling. There is no need to notify the court or its staff that any party “submits” on the tentative ruling. In the event a petitioner without prior opposition fails to appear in reliance upon a tentative ruling, and an unanticipated objector appears at the hearing, the matter will be continued to accommodate petitioner’s appearance to meet the objection(s). 3. PHYSICAL APPEARANCE. Absent prior approval of the court on a properly and timely noticed application, physical appearance in the courtroom of all counsel and all self-represented litigants is required in the following situations: (a) Scheduled contested evidentiary hearings; (b) Evidentiary hearings requested by the court, even where uncontested; (c) Petition to establish conservatorships or guardianships; (d) Petitions to terminate guardianships; (e) Petitions to confirm sale of real property; and (f) When the court expressly orders personal appearance by a party and/or counsel. D. ORDERS 1. Pre-Hearing Orders: In all matters to be heard by the court, counsel or self-represented petitioners shall prepare, lodge with the court and served a proposed form of order, at the same time the petition itself is filed and served. (a) Order for Probate of Lost Will. The Judicial Council form “Order for Probate” must be used for an order probating a lost will with an attachment setting forth the terms of the lost will and/or codicil. (b) Order Involving Real Property. An order affecting real property must include a legal description of the real property, the street address (if applicable), and the Assessor’s Parcel Number (“APN”) (c) Order Relating to Future Report or Accounting. An order which will be followed by a future report or accounting shall include blank spaces in which the court will fill in the future dates, such as: The Account and/or Report shall be filed on or before , with a hearing set for at am in Department_____. 2. Post-Hearing Orders: (a) There are occasions during a court hearing when the probate judge may specifically request a particular order or modification of an existing order and possibly additional verified documents in support of that order. Such specifically requested documents will be electronically delivered in .pdf format as an attachment to electronic mail delivered to courtroomJ6@ventura.courts.ca.gov within twenty-four (24) hours of the request by the court unless the court has indicated otherwise. Any such post-hearing electronic submission shall show upon its face an electronic copy delivered to all counsel of record and to all self-represented litigants who have formally appeared or requested special notice. (b) The court’s electronic address is managed by the judge to accommodate the efficient ministerial e-business processing of court orders and is not to be used as a forum for legal argument. Further, the court’s electronic address is not to be used to accept pre-hearing orders or any other document not specifically requested by the probate judge in open court at the time of hearing. Documents or argument not specifically requested by the court, yet delivered to the designated electronic address, will be deemed a nullity and will be deleted without notice. (c) Nunc Pro Tunc Order. When a signed order contains a clerical error, a party may obtain a corrected order by filing an application and presenting a proposed nunc pro tunc order correcting the error. The application for a nunc pro tunc order must include the following: “Upon the consideration of the application of , to correct a clerical error, the “(identify the order to be corrected, giving the title and date thereof) is corrected, by striking the following (set forth the portion to be corrected) and by inserting in lieu thereof the following (set forth the corrected language)”. To prevent confusion, the proposed order must strike the entire erroneous clause or sentence and then restate the entire clause or sentence as corrected. E. PETITION FOR EX PARTE ORDER. Ex parte petitions are strongly disfavored. If supported by a substantial showing of need in existing cases, the court may issue orders shortening time to set the matter for full hearing at the regular probate calendar. 1. The court will require the moving party to give at least twenty-four (24) hours telephone or facsimile notice or five (5) court days mailing notice of the nature of the petition to counsel (or in the absence thereof to the other interested parties themselves) and those who request special notice, together with the proposed time and place of the hearing. No later than noon the preceding day before the ex parte hearing is held, moving counsel shall submit a declaration to the court setting forth the facts showing that notice has been given, or supporting the conclusion that notice should be waived for good cause. 2. The court will not receive live testimony or offers of proof from the moving party. All evidence from the moving party must be in writing and under penalty of perjury. 3. No written opposition is required. Opposition to the ex parte matter may be given by a telephone appearance. 4. An ex parte order will not be granted unless (1) an underlying petition has been filed or will be contemporaneously filed; and (2) the relief sought is supported by documentation under penalty of perjury. 5. As an exception to the above policies, funds may be ordered released from blocked accounts by ex parte petition without notice and without appearance, provided that the following information is included in the petition: (a) Overall size of the estate; (b) Amount not in a blocked account; (c) Amount of the bond; (d) Amount of the release requested; and (e) Itemized use of the amount to be released; (f) If any portion of the amount to be released is not covered by bond, the order must include a provision directing that the amount is to be expended only for the purposes stated. 6. Special Notice – The ex parte application, petition or motion must include an allegation that special notice has been given, has not been requested, or a written waiver of special notice has been filed as required by California Rules of Court, rule 7.55. F. VIDEO REMOTE TECHNOLOGY AT TRIAL. Whenever necessary to present testimony from a witness who is either too ill or infirm to appear in court, or who resides more than 50 miles away from the courthouse, the court encourages the parties to consider the use of video remote technology in order to present such testimony to the court for both direct and cross- examination. Objections to the use of such testimony must be constitutionally or technologically based. It is the responsibility of the party proposing to offer such testimony to assure sufficient bandwidth and audio-visual clarity to render the evidence the functional equivalent of live courtroom testimony. No witness will testify solely by telephone. G. CONTINUANCES 1. The Legal Research attorneys must be notified by telephone as soon as possible when a calendared matter is to be continued or placed off calendar in order to avoid unnecessary review. Within the fourteen (14) days preceding the hearing, all continuances must be requested by a Request for Continuance (local form VN-135), a stipulation and proposed order, or a motion for continuance, and not by an informal request to Legal Research. All continuances or off calendar requests must be made by the moving or petitioning party and must be with the agreement of the opposing party. A stipulation for continuance must be filed prior to the continued date. A "Notice of Continuance," not signed by both parties, has no effect. A non-stipulated continuance will be granted only on noticed motion, made on an order shortening time. 2. Once the matter has been reviewed by Legal Research, no continuances will be granted, except by order of the court. This applies even if a written stipulation is received prior to the original hearing date. 3. Once the matter has been reviewed by Legal Research, it may not be taken off calendar, except by order of the court, or it is otherwise certain that the matter will not be re-calendared. 4. When utilizing a Request for Continuance form, the moving or petitioning party must notify Legal Research of the requested continuance no later than when the Request for Continuance is submitted to the court. H. PETITIONS TO SHOW WHO IS ENTITLED TO NOTICE. All petitions shall identify the names, addresses, and relationships of all persons entitled to notice if the party or parties have been served with the petition and supporting filings. I. OPPOSITION AND REPLY PLEADINGS. If an oral objection or response is made at the time of the first hearing on a petition, the court will ordinarily continue the hearing to allow a written objection or response to be filed and to allow the petitioner to file a reply to the objection or response. If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objection or response waived. An objection or other written response to moving papers will be deemed a waiver of further notice as to those papers. J. PROBATE COURT CALENDAR. Effective June 15, 2020, Courtroom J6 has permanently adopted the following modified calendar. MONDAYS 9:00 TRIALS/HEARINGS/MSCs – to be set as needed. TUESDAYS (Conservatorships/Guardianships) 9:00 Regular Motions 10:30 Care Plans/I&As/Annual & Biennial Status Reports WEDNESDAYS (Probate/Trust) 9:00 Regular Motions 10:30 Post Mediation Status Conferences THURSDAYS (Probate/Trust) 9:00 Regular Motions 10:30 New Probate Petitions only FRIDAYS (New Conservatorships and Guardianships) 9:00 New Conservatorships and Guardianships, Transfer-In Hearings K. WALK-THROUGH STIPULATED PETITIONS. A procedure has been implemented for appropriate stipulated probate, trust and conservatorship cases. Most cases will be routine petitions confirming assets of a trust, eliminating the B trust in AB trusts, appointing successor trustees, executors or conservators, petitions for final distribution on waiver of account, and other relatively routine 17200 petitions. The purpose of this procedure is to provide an expedited manner to resolve the many probate, trust and conservatorship petitions that are consented to by all parties entitled to notice and otherwise do not require a hearing. The public defender or appointed counsel shall execute the consent/waiver of notice in cases in which they are appointed. Stipulated cases do not need to be calendared. Beginning June 10, 2020, Walk Through Stipulated Petitions may be submitted to the clerk’s office by eDelivery, U.S. Mail, Drop Box inside the courthouse, or any other manner of filing documents as authorized by the Court, during business hours. These petitions will be expedited once received. (Revised effective 07 01/2023) RULE 10.01 GUARDIANSHIP A. GUARDIANSHIP PROCEDURES 1. INVESTIGATION It is the policy of Ventura County to require investigation, pursuant to Probate Code §1513, of all petitioners for guardianship except upon judicial finding that good cause exists to waive the investigation. The Investigation report regarding petition for guardianship of the person of a minor required under Probate Code §1513, for proposed guardians who are relatives of the minor, shall be prepared by Family Court Services and for a non-relative shall be prepared by the Ventura County Human Services Agency. The clerk of the court shall provide notice of the petition to the appropriate investigator upon the filing of all necessary documents. The completed reports shall include and discuss the information required under Probate Code §1513(a). Upon filing of a petition to terminate the guardianship of a minor, the clerk shall set the matter for hearing. At the hearing, the court may grant or deny the petition or may refer the matter to the appropriate investigator for a report and recommendation regarding the termination of the guardianship and continue the hearing to a date when the report will be completed. When the guardian is a relative the matter will be referred to the Family Court Services for a report. When the guardian is a non-relative the matter will be referred to the Human Services Agency for report. 2. NATURAL, CUSTODIAL PARENT A proposed guardian who is also a natural, custodial parent may request a waiver by the court of the appointment of a court investigator, probate officer or domestic relations investigator as provided by Probate Code §1513, prior to or after the filing of the petition for guardianship, by either an ex parte motion or notice of motion for good cause. 3. QUESTIONNAIRE Proposed guardians shall submit a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), pursuant to Probate Code §§1510(f), 1512, and a "Guardianship Questionnaire", pursuant to Probate Code §1513, at the time the petition for guardianship is filed. A copy of a birth certificate, custody order or declaration of a person present at birth, shall be attached to the questionnaire. If such records are not readily available, date of birth shall be proved by other evidence, such as school records. 4. RECORDS CHECK Law enforcement and Children's Protective Services record checks will be conducted on all proposed guardians. 5. DUTIES AND RESPONSIBILITIES Prior to issuance of Letters, Guardians of the person of a minor and of the Estate are required to file with the clerk an acknowledgment of receipt of the duties and responsibilities of their office. (Judicial Council Form GC-248.) 6. COORDINATION OF PENDING CUSTODY PROCEEDINGS IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA Where a petition for guardianship of the person of a minor is pending, and where it appears to the court that a custody proceeding concerning the same minor is pending in any other department of the Ventura County Superior Court, the Probate Guardianship Court shall coordinate the proceedings to avoid conflicting custody orders. The Supervising Judge of the Family Law Department shall resolve any conflict and determine in which court the combined custody/guardianship proceedings shall be held. 7. NOTIFICATION TO OTHER COUNTIES WITH CUSTODY PROCEEDINGS RE VENTURA COUNTY GUARDIANSHIP ORDERS (a) Where it appears to the court that custody proceedings exist for the same minor child in one or more counties other than Ventura, the Ventura County Superior Court will notify the other county or counties of the appointment of a guardian for the minor. (b) Parties contemplating petitioning for guardianship of a minor child in Ventura County when there are already existing custody proceedings and orders filed in another county are strongly encouraged to file their petition for guardianship in the county where custody has or will be determined so as to avoid the possibility of conflicting custody orders. B. GUARDIANSHIP MEDIATION 1. GENERAL The court may order the parties in any guardianship proceeding to participate in mediation with Family Court Services for the purpose of attempting to resolve any disputes, including custody of and visitation with the minor. Mediation shall be conducted in accordance with the laws, rules, standards, and procedures specified for Family Law custody and visitation issues, including, but not limited to, the provision of Family Code §3160 et. seq., California Rules of Court, rule 5.210 et. seq. and Ventura County Superior Court Local Rules 9.30 et seq. If the parties are unable to reach agreement, the mediator shall submit a recommendation to the court and provide a copy to all parties who participated in the mediation. C. EX PARTE HEARING FOR TEMPORARY GUARDIANSHIP OF A MINOR PERSON. 1. Ex parte hearings for temporary guardianship are not favored. In most cases where there is an objection to the guardianship, the court will consider the request ex parte only if the minor has been living with the proposed guardian. If a person believes a child is at risk of harm and the child is not in that person’s physical custody, then she or he should contact the hotline for reporting child abuse operated by the Children and Family Service division of the Ventura County Human Services Agency. 2. The petition for appointment of a temporary guardian of a minor person may be brought ex parte, provided the court finds a good cause exception to the notice otherwise required under Probate Code §2250(e). Any party seeking an ex parte order appointing a temporary guardian must comply with California Rules of Court, rule 7.1012. To comply with California Rules of Court, rule 7.1012 a petitioner (the party seeking the guardianship) must file a Petition for Appointment of Temporary Guardian of the Person (GC-110(P)) or a Petition for Appointment of a Temporary Guardian of the Person and/or Estate (GC-110) and all supporting documents, which are listed in subsection 5 below. 3. If a petitioner is requesting a good cause exception to the notice required under Probate Code §2250(e), and is filing GC- 110(P), it is recommended that petitioner submit Local Form VN-234 APPLICATION FOR EX PARTE HEARING ON PETITION FOR TEMPORARY GUARDIANSHIP; ORDER. Otherwise, petitioner must include the information required by California Rules of Court, rule 7.1012(e) in the Petition. If a petitioner is requesting a good cause exception to the notice requirements under Probate Code §2250(e), and is filing form GC-110(P), it is recommended that the petitioner submit Local Form VN-234. Otherwise, the petitioner must prepare a separate writing that includes the information required by California Rules of Court, rule 7.1012(e). 4. The party seeking an ex parte hearing should call the Judicial Secretary for Courtroom J1 to reserve the next available ex parte hearing date. Unless otherwise ordered, all ex parte hearings are heard at 8:30 a.m., Tuesday-Friday. If the judge assigned to hear all Guardianships of the Person cases is unavailable, disqualified, or in cases of emergency, the application should be presented to the Supervising Juvenile Judge, who may handle the matter or assign it to another available judge. 5. A petitioner must complete and submit the following forms to the clerk’s office when requesting an ex parte hearing: (a) Ex Parte Forms: i. Application for Ex Parte Hearing On Petition for Temporary Guardianship; Order (VN-234) (recommended as set out in subsection 2 above) or a separate writing that includes the reasons for the request for good cause exception. ii. Declaration re Ex Parte notice (VN-028). iii. Proposed Order: (Optional Form VN-235). (b) Temporary Guardianship Forms: i. Petition for Appointment of Temporary Guardian of the Person (GC-110 (P)) or Petition for Appointment of Temporary Guardian of the Person and/or Estate (GC-110). ii. Order Appointing Temporary Guardian (GC-140) iii. Letters of Temporary Guardianship (GC-150) iv. Consent of Guardian, Nomination and Waiver of Notice (GC-211) v. Notice of Hearing (on Petition for Appointment of Temporary Guardian) (GC-020) (c) General Guardianship Forms: i. Petition for Appointment of Guardian (GC-210 (P)) or (GC-210) ii. Child Information Attachment (GC-210 (CA)) iii. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120) iv. Order Appointing Guardian of Minor (GC-240) v. Letters of Guardianship (GC- 250) vi. Duties of Guardian (GC-248) vii. Confidential Guardian Screening Form (GC-212) viii. Information Release Authorization (VN-043) ix. Guardianship Questionnaire (VN-042) x. Release of School Information (VN-133) xi. Release of Medical Information (VN-132) xii. Consent of Guardian, Nomination and Waiver of Notice (GC-211) xiii. Notice of Hearing (on Petition for Appointment of Guardian) (GC-020). 6. Absent good cause, the above forms must be provided to the court prior to the ex parte hearing to allow adequate time for review. Whenever practicable, moving papers should be filed by noon the day before the ex parte. 7. A party appearing at the ex parte hearing must serve the ex parte application and supporting documents or any written opposition on all other appearing parties at the first reasonable opportunity. 8. The petitioner(s) shall appear at the time set for the ex parte hearing and check in with the court bailiff or clerk. If no person appears opposing the temporary guardianship, the court may grant or deny the request without a hearing. 9. If the ex parte application hearing is denied, the matter may be set for hearing on the petition for appointment of a temporary guardianship. The petitioner must give notice of the hearing as set out in Probate Code §2250(e). 10. If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within thirty (30) days of the granting of the temporary guardianship, the court shall set a hearing within thirty (30) days to reconsider the temporary guardianship, unless waived by all parties or upon good cause. The petitioner must give notice of the hearing for reconsideration as set out in Probate Code §2250(f). D. GUARDIANSHIP STATUS REPORT If directed by the court, a guardian of the person of a minor must file a Confidential Guardianship Status Report (Judicial Council Form GC-251). The first report is due as directed by the court approximately one (1) year after the initial appointment. Thereafter, additional reports may be due annually, as directed by the court. Failure to file the report as directed, may result in the court ordering the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or in the court ordering the guardian to show cause why the guardian should not be removed. E. DUTIES OF GUARDIAN – LIABILITY OF PARENTS TO SUPPORT CHILD As parents are required by statute to support their children, the court will not permit guardianship funds to be used for the minor’s maintenance and support where one or both parents are living except upon showing of the parent’s financial inability (supported by Judicial Council Form FL-150 - Income and Expense Declaration) or other circumstances, which would justify the court departing from this rule, in the best interests of the minor. F. INVESTMENTS BY GUARDIANS The standard set forth in Probate Code §16040(c), providing for investments by trustees, is the standard applied by the Probate Court in authorizing proposed investments by guardians. The guardian should also consider the circumstances of the estate, indicated cash needs and the date of prospective termination of the guardianship. Investments by guardians should be prudent and in keeping with the size and character of the ward’s estate. Investments in existence at the time of the creation of the guardianship usually may be maintained, subject to the provisions of Probate Code §16048. Investments other than as provided in Probate Code §2574, require court authorization, unless the guardian is empowered to so act under Probate Code §§2590, et. seq. The court will not ordinarily approve the investment of the ward’s funds in unsecured loans, secured loans to relatives of close degree or debenture bonds, except those which are part of a large issue, well-seasoned, and listed on an established security exchange. The court will not approve the investment of the ward’s funds in bonds or obligations of foreign governments or corporations, whether payable in dollars or not, without prior court authorization. Investment in real estate, either by purchase or encumbrance, will not be granted, unless supported by an appraisal from a qualified appraiser. G. REQUESTS FOR RESTRAINING ORDERS A guardian or petitioning prospective guardian, requesting any type of restraining order listed in Ventura County Superior Court Local Rule. 9.01, must separately file a petition with the Family Law Court, and not in the Guardianship proceeding. H. PETITION FOR SPECIAL IMMIGRANT JUVENILE FINDINGS A Petition for Special Immigrant Juvenile Findings (GC-220) (Petition) filed with the court must be accompanied by the completed proposed order on Judicial Council form Special Immigrant Juvenile Findings (GC-224). Failure to submit a completed GC-224 proposed order (including the proposed supporting legal conclusions, factual findings, and/or reasons therein) that reflects the “Requested Findings” of the GC-220 Petition may result in delay including continuance of the hearing. (Revised effective July 1, 2026) RULE 10.02 CONSERVATORSHIP A. PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR 1. The petitioner is not required to submit an order appointing a court investigator pursuant to Probate Code §1454. There is a general order appointing the Ventura County court investigator as the investigator for the court in all cases under Division 4 of the Probate Code requiring appointment of such investigator. 2. The Petition for Appointment of Conservator (Judicial Council form GC-310), page seven, item 11, should include the telephone numbers of all relatives within the second degree of the proposed conservatee or other names listed. 3. Prior to Letters of Conservatorship being issued, individual conservators shall obtain the "Handbook for Conservators", view the video "Understanding Conservatorships", and complete and file with the clerk of the court the "Duties of Conservator" form (Judicial Council form GC-348) and the court’s local form Confirmation of Viewing Conservatorship Video (VN-182). Private professional conservators as defined in Probate Code §2341 are not required to obtain the handbook and view the video in every case. They are required to show proof including the dates of obtaining the handbook and viewing of the video. If the handbook and/or video are revised or replaced the professional conservators will be required to obtain the revised handbook and view the revised video. 4. At the time of filing any type of petition for probate conservatorship (including temporary conservatorships) or upon order of the court, the petitioner shall complete and file local confidential court form VN-262 Preliminary/Interim Financial Declaration. Further, the petitioner is to serve said form, at that time, upon the offices of the Public Defender and the Family Court Services probate court investigator. B. NOTICE, HEARING ON PETITION FOR APPOINTMENT 1. Upon filing a petition for appointment of a conservator, the clerk shall set the same for hearing and issue a citation. If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service except by issuance of an amended citation. In such circumstances, the original citation shall be filed showing no service. Service of a citation cannot ordinarily be waived. 2. In order to eliminate unnecessary delays, upon filing a petition to establish a limited conservatorship, the attorney of record should set the matter for hearing forty-five (45) days after the filing date. The extra time is needed for the Regional Center to complete its required assessment pursuant to Probate Code §1827.5. 3. A declaration must be given setting forth the efforts made to locate the address and telephone number of any person entitled to notice for whom such address information is incomplete. C. APPOINTING AND RELIEVING ATTORNEYS FOR CONSERVATEES AND INCAPACITATED SPOUSES 1. An attorney can be appointed for a conservatee or for a spouse alleged to lack legal capacity in a petition under Probate Code § 3100 may be appointed where appropriate by the court on its own motion, by petition, or by an unnoticed, ex parte application by any interested party. 2. Unless sooner relieved, in matters involving estates, an appointed attorney will remain of record until discharged. In matters involving the person only, an appointed attorney will remain of record until the filing of the death certificate. D. COURT INVESTIGATOR 1. Fees for services of the court investigator shall be paid promptly upon completion of the investigation. In the case of an initial investigation, the fee shall be paid within 120 days of appointment. A petition for waiver of the fee shall be served upon the court investigator's office, and any order thereon waiving fees shall be considered valid for the duration of the conservatorship, unless otherwise ordered by the court. If any change in circumstance occurs, which materially affect the financial circumstances of the conservatee, such change shall be reported by any party or counsel for a party with knowledge to the court immediately. 2. With an understanding that the Public Defender is appointed to represent most of the conservatees in conservatorship matters, and that investigation reports are confidential, the court’s investigator’s office may release an investigation report to the Public Defender’s Office, even if the Public Defender has not yet been appointed, if it will serve the interests of the proposed conservatee, as set out in Probate Code §1826(c). If the Public Defender is not appointed, the Public Defender’s Office is to delete/destroy said reports. E. PRIVATE PROFESSIONAL FIDUCIARIES 1. A professional fiduciary is defined under Probate Code §60.1 and Business & Professions Code §6501(f). Professional fiduciaries appointed by the court under Probate Code §2340 must comply with all of the provisions and requirements under Chapter 6 (commencing with §6500) of Division 3 of the Business and Professions Code and California Code of Regulations §§4400-4580. 2. All Professional Fiduciaries appointed by the Court are to comply with the applicable provisions found in the California Rules of Court, rules 7.1050-7.1063. F. PETITION TO DETERMINE CAPACITY TO GIVE INFORMED CONSENT FOR MEDICAL TREATMENT 1. Hearings on petitions to determine capacity to give informed consent to medical treatment shall be set no earlier than forty-five (45) days after the filing date to allow time for the court investigator's report. 2. A declaration by a licensed physician, psychologist or psychiatrist who has examined and/or observed and evaluated the conservatee attesting to the fact that the conservatee is no longer able to determine his or her medical care shall be filed with the court. The declaration as to capacity of the conservatee shall be marked “CONFIDENTIAL”, filed separately (not as an attachment to the petition or any other document), and will be marked as a confidential document in the court’s case management system. G. CONTINUANCES When the attorney of record obtains a continuance in a conservatorship matter where the court investigator is completing a report, the court investigator's office shall be notified by the party requesting the continuance. H. LETTERS OF CONSERVATORSHIP If the letters of conservatorship are not filed within forty-five (45) days of the order appointing conservator, unless application for a longer period is made and granted, the conservator's powers will automatically be suspended, and no letters shall be issued by the clerk until a further order is executed by the court. I. CONSERVATORSHIP LEVEL OF CARE 1. Within 120 days after appointment, the conservator shall file a Probate Code §2351.2 Care Plan using the mandatory Judicial Council form GC-355. For a conservatorship of the person, the Conservatorship Care Plan will satisfy the Conservator’s duty to determine the appropriate level of care for the conservatee under Probate Code §2352.5(b). The Conservatorship Care Plan is a confidential document and will be marked as a confidential document in the court’s case management systems. 2. If the conservator fails to timely file the Conservatorship Care Plan, the court will set a hearing on an Order to Show Cause (OSC) re Removal of Conservator. 3. The conservator must serve a copy of the Conservatorship Care Plan as provided in Probate Code §2351.2 and file a proof of service. J. STATUS REPORTS 1. Notwithstanding the repeal of the statutory requirement to do so, all conservators must file a status report after the first anniversary of the establishment of the conservatorship and biennially thereafter. Status reports shall be filed as separate reports to be included in the conservatee’s confidential file. 2. The conservator must serve a copy of the status report to the individuals identified in Probate Code §2351.2(a)(2)(A) and file a proof of service. 3. If the conservator fails to timely file the one-year status report or any biennial status report, the court will set either an “Order to Show Cause” (OSC) re non-filing of status report or an OSC re dismissal of the conservatorship, depending upon the conservator’s history of timeliness and compliance with statutory and local care plan and status reporting requirements. K. ORDERS FOR SUPPORT 1. Court approval ordinarily is not required to expend funds up to $4,000 per month for the support of a conservatee. Court approval should be sought to expend funds exceeding $4,000 per month for the support of a conservatee, especially if there is a probability that the estate will be entirely consumed by reason of such payments. 2. Prior court approval is required to expend money for the support of anyone other than the conservatee, such as maintenance of dependents of the conservatee and the payment of surplus income to the family of a conservatee. 3. Notice of hearing must be given under Probate Code §1460. L. CONSERVATEE’S ATTORNEY FEES 1. Counsel for conservatee may request fees by counsel’s own noticed motion or by submitting a declaration for fees with attached invoices and proposed order for review at hearing on an already-scheduled hearing date. 2. The request for fees must include a declaration that is sufficiently detailed as to comply with California Rules of Court, rules 7.751(b), and 7.702. M. APPOINTMENT OF SUCCESSOR CONSERVATOR 1. The conservatee’s presence at the hearing for appointment of a successor conservator will not automatically waive the investigation if there is any opposition or other concerns surrounding the circumstances at the time of the petition. In cases where an investigation is required, the petition shall be set for hearing no earlier than forty-five (45) days following the filing in order to provide the court investigator with sufficient time to complete the investigation. 2. Judicial Council form GC-310 must be used in all petitions for appointment of successor conservators. N. TERMINATION When the conservatorship is being terminated for reasons other than death, it is recommended that the attorney of record set a termination hearing at least thirty (30) days in advance in order to allow time for a court investigator report. O. SERVICE OF DOCUMENTS ON ATTORNEY FOR CONSERVATEE 1. If the conservatee, ward or proposed conservatee or ward is represented by counsel that counsel must be served with all documents filed with the court, including the confidential documents, on or about the time of filing. 2. If the conservatee or proposed conservatee is alleged to suffer from a major neurocognitive disorder or a developmental disability, or if the petition is for a limited conservatorship, the petition and related court filings shall also be served on the Public Defender’s Office on or about the time of filing. (Revised effective January 1, 2025) RULE 10.03 PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP A. TEMPORARY CONSERVATORSHIPS AND GUARDIANSHIPS 1. Petition for appointment of temporary conservator. The petition for appointment of a temporary conservator may be brought ex parte, provided that the notice provisions of Probate Code §2250(e) are satisfied, either by giving notice or by submission of a declaration showing facts sufficient to allow the court to determine that good cause exists to eliminate or alter the notice requirements and provided that the following information is submitted: (a) The original and copy of the petition and proposed order; (b) A detailed statement of facts in the petition establishing the necessity for the temporary conservatorship; (c) An endorsed filed copy of the petition for appointment of the permanent conservator. However, if the attorney is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors shall be notified at least forty-eight (48) hours in advance of the time and place the petition for appointment of the temporary conservator will be presented; and (d) A completed Confidential Ex Parte/Temporary Conservatorship Information Summary for Court Investigator (VN- 248). 2. Bond requirement for temporary conservator/guardians. Absent an arrangement consistent with Probate Code §2328 and acceptable to the court, the court will require a bond for temporary conservators/guardians of the estate. 3. Letters. Letters of temporary conservatorship/guardianship expire on the date of the hearing on the appointment of the permanent conservator/guardian or thirty (30) days after appointment of the temporary conservator/guardian, whichever is later, unless the court extends the termination date pursuant to Probate Code §2257(2)(b). 4. Appointment of Attorney for Proposed Conservatee. The appointment of an attorney for the proposed conservatee shall be specified on item 3(I) of the "Order Appointing Temporary Conservator". 5. In cases where the Public Defender’s Office is appointed to represent the interests of a conservatee, the following flat fee payments may be ordered by the court: A. Assuming NO prior Public Defender fees have been ordered: 1. 1 Care Plan: $902.00 at the review hearing for Confidential Care Plan. 2. Inventory and Appraisal: $1,066.00 at the review hearing for the Inventory & Appraisal. B. Assuming that prior Public Defender fees HAVE been ordered: 1. Status Report: $164.00 at the review hearing for a Status Report, (assuming there are no accounting hearings). 2. First Account: $369.00 at the hearing on the First Account. 3. Substituted Judgment: $266.50 at the hearing regarding a Substituted Judgment Petition. 4. Petition to Sell Home: $205.00 at the hearing related to a Petition to Sell the Conservatee’s Home, 5. Subsequent Accountings: $369.00 at the hearings related to all accountings filed subsequent to the First Account. 6. Fee Petitions: $164.00 at the hearing of Fee Petitions. Ordering these flat fees is at the discretion of the court. Any party to the proceeding may object at the time of the subject hearings. The flat fees are based upon a current hourly rate, set by the County of Ventura, of $205 per hour for the Public Defender’s Office. The flat fees noted above shall be automatically increased to reflect any percentage increase made by the County in the hourly rate paid to the Public Defender’s Office. For example, an increase in the hourly rate paid to the Public Defender’s Office from $205.00 to $225.50 per hour would result in a 10% increase to the flat fees noted above. The Public Defender’s Office may waive their flat fee, reserve them for the subject period, request that a fee order be a lien on the estate, or request payment at a later date. Nothing in this rule prevents the Public Defender’s Office from otherwise, alternatively requesting reasonable fees or costs. B. BOND OF CONSERVATOR/GUARDIAN In setting and maintaining bond, the court strictly adheres to the requirements of Probate Code §§2320 and 2321 and California Rules of Court, rules 7.204-7.207. C. REPORTING TO THE COURT BY APPOINTED COUNSEL FOR CONSERVATEES OR WARDS Attorneys who are appointed as counsel for conservatees, wards or proposed conservatees or wards, pursuant to Probate Code §§1470, 1471, or 2356.5, have the following ethical obligations: 1. Clients Who Are Non-Communicative or Clearly Delusional or Not Opposed to the Request Before the Court: If the client is non-communicative, or clearly delusional, or not opposed to the request before the court, the attorney must evaluate the request before the Court and must orally report to the Court his or her observations and recommendations as to what would be in the client’s best interests, unless a written report is requested by the Court. 2. Clients Who Have Impaired Judgment and Are Opposed to the Request Before the Court: If the client appears to have impaired judgment and is opposed to the request before the Court, the attorney must report to the Court the attorney’s observations and recommendations as to what would be in the client’s best interests, as well as the fact that the client is opposed to the request and the apparent reasons for the opposition. The attorney must ensure that the client is given the opportunity to directly address the Court, if reasonably possible. 3. Clients Who Are Communicative, Alert and Are Opposed to the Request Before the Court: If the client is communicative, alert and opposed to the request before the Court, and if the attorney has a good faith belief that sufficient grounds exist to support the position taken by the client, the attorney must use all reasonable and appropriate means to obtain the result sought by the client. 4. Attorney to Disclose Proper Relationship: The attorney must disclose to the Court and all parties whether the attorney currently represents, or has previously represented, the conservator or proposed conservator. D. FEES/COSTS Probate Code §§2640-2646 govern the fees of the conservator and attorney. In addition to these statutory rules, the following apply: 1. In addition to a narrative of the services performed and value to the estate, the petition for fees shall set forth the dates, time spent, specific description of services performed and the hourly rate of the person(s) performing the services. 2. The court will review requests for fees on a case-by-case basis, considering the experience, knowledge, expertise and professional status of the conservator or attorney, as well as the difficulty or complexity of the case, responsibility assumed, and the urgency demanded. Principles by which the reasonableness of the requested fees will be reviewed include: (a) Whether conservators have subcontracted for services that do not require their level of skills and which can be billed at a lower hourly rate. These may include bookkeeping, transportation and housekeeping. The appointed conservator shall be responsible to ensure that the sub-contractors have social security numbers and are licensed and insured if operating an automobile during the course of their duties. (b) Ordinarily, no more than two to three (2-3) hours will be allowed to prepare each fee declaration. 3. Costs for "overhead" generally will not be reimbursed except in extraordinary circumstances. These include expenses for costs of mileage, phone charges and photocopy charges and research (Lexis/Westlaw.) Such costs should be absorbed as part of the fees or commission. 4. In appropriate circumstances, particularly where all or a portion of the fee exceeds the cash on hand in the estate, the court may issue its order imposing a lien for fees on any or all of the assets of the estate, subject to liquidation for reasons other than satisfaction of the unpaid fee. 5. In cases where the Public Defender’s Office is appointed to represent the interests of a conservatee, the following flat fee payments may be ordered by the court: A. Assuming NO prior Public Defender fees have been ordered: 1. Care Plan: $902.00 at the review hearing for Confidential Care Plan. 2. Inventory and Appraisal: $1,066.00 at the review hearing for the Inventory and Appraisal. B. Assuming that prior Public Defender fees HAVE been ordered: 1. Status Report: $164.00 at the review hearing for a Status Report (assuming there are no accounting hearings). 2. First Account: $369.00 at the hearing on the First Account. 3. Substituted Judgment: $266.50 at the hearing regarding a Substituted Judgment Petition. 4. Petition to Sell Home: $205.00 at the hearing related to a Petition to Sell the Conservatee’s Home. 5. Subsequent Accountings: $369.00 at the hearings related to all accountings filed subsequent to the First Account. The flat fees are based upon a current hourly rate, set by the County of Ventura, of $205 per hour for the Public Defender’s Office. The flat fees noted above shall be automatically increased to reflect any percentage increase made by the County in the hourly rate paid to the Public Defender’s Office. For example, an increase in the hourly rate paid to the Public Defender’s Office from $205.00 to $225.50 per hour would result in a 10% increase to the flat fees noted above. The Public Defender’s Office may waive their flat fee, reserve them for the subject period, request that a fee order be a lien on the estate, or request payment at a later date. Nothing in this rule prevents the Public Defender’s Office from otherwise, alternatively requesting reasonable fees or costs. E. DEATH. Upon the death of the conservatee or ward, the conservator or guardian shall file a copy of a death certificate with the court within thirty (30) days. F. FINAL ACCOUNTINGS FOLLOWING DEATH OF CONSERVATEE OR WARD. Conservators or guardians shall file a death certificate within thirty (30) days of the death of the conservatee or ward. The final accountings, as required in the Probate Code, shall be filed within ninety (90) days of the death of the conservatee or ward. G. BLOCKED ACCOUNTS. If the conservator/guardian believes that it is in the conservatee’s/ward’s best interests to hold assets in a blocked account, with court approval, the conservator/guardian can avoid formal accountings if they complete local court form, VN-267, Informal Accounting for Blocked Accounts. The form and attachments are to be filed with the court and served on the court-appointed counsel for the conservatee/ward, as well as the Court Investigator’s Offices, thirty (30) days prior to when the hearing of the informal accounting would otherwise be heard. H. SUBSTITUTED JUDGMENT Probate Code §§2580-2586 governs petitions for substituted judgment. (a) Petitions requesting authority to exercise substituted judgment will not be heard until after the permanent conservator is appointed and letters have been issued. Additionally, the "Inventory and Appraisal" shall be filed, unless the court otherwise orders on the basis of a clear and convincing showing that an urgency exists; and (b) If the court waives filing of a formal "Inventory and Appraisal," the petition shall nonetheless include a description of the character and estimated value of the property of the estate. (Revised effective January 1, 2025) RULE 10.04 PROBATE PROCEEDINGS A. COPY OF WILL. Each petition for probate of a will shall have attached thereto a typed copy of the will. If less than an entire document is offered for probate, the petition, and the proposed order shall specify the material offered for or admitted to probate. B. PROBATE REFEREES. Requests for appointment of probate referees shall be submitted to the Executive Officer and Clerk, together with appropriate forms of orders. The Executive Officer and Clerk shall complete the orders, entering the names of referees in accordance with an approved plan of assignment. Variance from appointment in accordance with the plan shall be made only by a judge. C. METHOD OF GIVING VARIOUS NOTICES 1. Unknown Address. If the address of an heir or beneficiary is unknown, the Court requires a declaration stating specifically what efforts were made to locate such heir or beneficiary before the Court will dispense with notice or prescribe an alternate form of notice. (See Probate Code §1212 and Code of Civil Procedure §413.30 as to what efforts are necessary.) In general, these efforts shall include inquiry of relatives, friends, acquaintances, and employers, an internet search and an investigation of appropriate city and telephone directories and of the real and personal property index at the County Clerk & Recorder’s Office of the county of the last-known residence of the missing heir or beneficiary. (See California Rules of Court, rule 7.52. See Local Form VN-261.) 2. Minors. Except as permitted in Probate Code §1460.1 for guardianships, conservatorships, and certain protective proceedings under division 4 of the Probate Code, notice to a minor must be sent directly to the minor. A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides. (California Rules of Court, rule 7.51(d).) D. DECLINATIONS TO SERVE. It is insufficient to allege merely that the person named in the decedent’s will as executor declines to act as executor. A written declination to act, signed by the declining named executor or a Declaration of Due Diligence, if the executor declines to sign the Declination, must be filed with the court. E. MULTIPLE REPRESENTATIVES. When multiple personal representatives are appointed, the clerk will not issue letters to less than all of them or separately to any of them, unless the order specifies otherwise. F. APPOINTMENT OF SPECIAL ADMINISTRATOR 1. Notice. Unless good cause is shown, petitions for special letters of administration will not be granted without notice to the surviving spouse or domestic partner, the person nominated as executor, and any other person whom the court in its discretion determines is entitled to notice. 2. Preference. In making the appointment of a special administrator, the court will give preference to the person(s) entitled to letters testamentary or of administration. If a contest is pending, the court may appoint a disinterested person or the Public Administrator, as special administrator. 3. Bond. The special administrator, including a named executor, will be required to post a bond absent good cause. 4. Necessity. Absent exigent circumstances, a special administrator will not be appointed. 5. Powers. If letters have not previously been issued to a general personal representative, neither general powers nor IAEA authority can be given to a special administrator, except at a hearing for which notice has been mailed and published as required under Probate Code §8003(b). (See Probate Code §8545(a).) This rule does not apply to an Ex Parte Request for Appointment of Special Administrator with Special Powers. (See Probate Code §§8540(b) and 8544.) G. PROBATE BOND 1. Out-of-State Personal Representative. Absent exceptional circumstances, the court will require full statutory bond of personal representatives residing out of state, even if the personal representative is the sole beneficiary and even if all beneficiaries waive bond, as set out in Probate Code §8571 and California Rules of Court, rule 7.201(b). 2. Duty to Request Bond Increase. It is the duty of the fiduciary or the fiduciary's attorney, upon becoming aware that the bond is insufficient (e.g., upon filing an inventory and appraisal or an accounting), to apply immediately for an order increasing the bond. Such application may be made ex parte. H. PROBATE INVENTORY/APPRAISAL. The court requires all appointed personal representatives to honor the time requirements of Probate Code §8800, et seq. with respect to the timely filing of an initial inventory and appraisal of estate assets. To accommodate this statutory time requirement, it is the personal representative’s responsibility to pre-check the “probate referee” box on any proposed order for probate if the probate referee will be required. I. ANNUAL STATUS REPORTS. The court requires all appointed personal representatives to honor the time requirements of Probate Code §12200 with respect to filing and hearing on any applicable one-year or 18-month status report. Absent a previously adjudicated or then-pending petition for final distribution, the failure to have a status report timely filed prior to the appropriate date will be ipso facto cause for the court to consider the possible application of Probate Code §12205 at such time as fiduciary and/or professional compensation is requested. J. ACCOUNTING OF RESERVE. If an order for final distribution of an estate of a decedent includes a reserve of more than $5,000, a noticed hearing on an accounting of the reserve will be required to be held before the Ex Parte Petition for Final Discharge (Judicial Council Form DE-295 or GC-395) is filed. K. AGREEMENTS FOR DISTRIBUTION 1. If the distributees seek a distribution in a manner other than that provided by the Will or by the laws of intestate succession, a written agreement between the affected distributees must be filed in the probate proceeding or consent thereto endorsed on the petition. The order of distribution shall include reference to the assignment, agreement, or disclaimer, which is; the basis for the distribution. 2. A minor distributee or other distributee lacking capacity must be represented by his or her legal representative; and prior court approval of the agreement, assignment, or disclaimer must be obtained if the distributee is subject to a guardianship or conservatorship. L. NOTICE TO PRIOR REPRESENTATIVE OR ATTORNEY. If there has been a change of personal representative or fiduciary or a substitution of counsel, notice of hearing must be given to such prior representative, fiduciary or counsel of any probate petition in which fees or commissions are requested by the present personal representative, fiduciary or counsel unless: 1. A waiver of notice executed by the prior personal representative, fiduciary or counsel is on file; 2. An agreement on the allocation of fees and/or commissions is on file or included in the petition; or 3. The file and the petition demonstrate that the fees and/or commissions of the prior personal representative, fiduciary or counsel have been previously provided for and allowed by the court. M. STATUTORY COMPENSATION AND COSTS IN DECEDENT'S ESTATE 1. Calculation Must Be Shown. All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in the form stated in California Rules of Court, rule 7.705(a). 2. Detailed Schedules on Waiver of Accounting. When an account has been waived, if the basis for the statutory commissions or fees is other than the inventory and appraisal total, detailed schedules for receipts and gains and losses must be included. (California Rules of Court, rule 7.705(b).) Also, if there are losses, the fee base must deduct the losses. 3. Expenses of Tax Related Services, Accounting and Bookkeeping. The personal representative may employ tax counsel, tax auditors, accountants, or other tax experts for the preparation of tax returns and for other tax related services and pay from the funds of the estate for such services. The Court may deduct from the personal representative's statutory compensation any sums paid from estate funds for performance of the representative's ordinary duties such as ordinary accounting and bookkeeping services, including the preparation of schedules for court accountings. 4. Reimbursement of Costs. a. Allowed Reimbursements. Allowable reimbursement costs include but are not limited to: (i). Court Clerk's fees; (ii). Newspaper publication fees; (iii). Surety bond premium; (iv). Appraisal fees; (v). eFiling Fees; (vi). Court Call Fees. b. Absorbed as Part of Statutory Compensation. The following costs are absorbed as part of the statutory compensation: (i). Photocopies and postage, unless justified due to extraordinary nature of costs (i.e., voluminous pleadings and/or mailings); (ii). Secretarial and word processing time; (iii). Paralegal time for ordinary services; (iv). Costs for research subscriptions (i.e., Lexis, Westlaw); (v). Local travel, mileage, and parking. c. Reimbursed Only in Court's Discretion. The following costs may be reimbursed in the court's discretion: (i). Substitutes for U.S. Postal Service (Federal Express, UPS, etc.); (ii). Attorney Services; (iii). Long distance travel; (iv). Photocopy of voluminous pleadings and/or mailings). (Revised effective January 1, 2022) RULE 10.05 ORDERS (Deleted effective July 1, 1998) RULE 10.06 EX PARTE PETITIONS (Deleted effective July 1, 1998) RULE 10.07 COPY OF WILL (Deleted effective July 1, 1998) RULE 10.08 BROKERS’ COMMISSIONS (Deleted effective July 1, 1998) RULE 10.09 PROBATE REFEREES (Deleted effective July 1, 1998) RULE 10.10 CAVEAT (Deleted effective July 1, 1998) RULE 10.11 SUBMISSION OF ORDERS (Deleted effective July 1, 1998) RULE 10.12 GUARDIANSHIP PROCEDURES (Deleted effective July 1, 1998) RULE 10.13 PETITION FOR CONFIRMATION OF TRUST ASSETS PURSUANT TO ESTATE OF HEGGSTAD/UKKESTAD/KUCKER A. Copies of all testamentary instruments shall be attached to the petition. B. Copies of pertinent and current documents of title to the assets in question shall be attached to the petition. (Adopted effective January 1, 2017) RULE 10.14 SPOUSAL PROPERTY PETITION A. If the basis for determining that property should pass or be confirmed to the surviving spouse is that the property is community property or quasi-community property, the following information must be included in the spousal property petition: 1. Date and place of marriage; 2. Ownership of any real and personal property on date of marriage and a description and approximation of values; 3. Decedent’s net worth at time of marriage; 4. Decedent’s occupation at time of marriage; 5. An affirmation that none of the property acquired after date of marriage was by gift, devise, descent, proceeds of life insurance or joint tenancy survivorship; 6. The identification of any property described in 2 or 5 above, which is still a part of this estate; 7. A copy (preferably a photocopy showing signatures) of any document establishing the character of the property; 8. Any additional facts upon which the claim that property is community or quasi-community property is based; and; 9. Facts that rebut Evidence Code §662, which provides: “The owner of the legal title to property is presumed to be the owner of the fully beneficial title. This presumption may be rebutted only by clear and convincing proof.” 10. If a Petition references a will, the will must be on deposit with the court pursuant to Probate Code §8200. (Effective January 1, 2017) RULE 10.15 EXTRAORDINARY COMPENSATION OF PERSONAL REPRESENTATIVES AND ATTORNEYS A. The award of extraordinary fees to the personal representative or to the attorney for the personal representative is within the discretion of the court. The court may consider the amount of statutory compensation when awarding compensation for extraordinary services. (California Rules of Court, rule 7.703) B. Application for compensation for extraordinary services must be accompanied by a declaration under penalty of perjury of the facts upon which such application is based. The statement of facts must specify the nature and difficulty of the tasks performed; the results achieved; the benefit of the services to the estate; specify the amount requested for each category of service performed; state the hourly rate of each person who performed services and the hours spent by each of them; describe the services rendered in sufficient detail to demonstrate the productivity of the time spent; and, state the estimated amount of statutory compensation to be paid by the estate, if the petition is not part of a final account or report. (California Rules of Court, rule 7.702) C. The court will allow the following amounts as extraordinary fees for attorneys without further justification or declaration, as would otherwise be required, as indicated above, by California Rules of Court, rule 7.702-7.703: 1. Court confirmed sales of real property: $1,500.00. 2. Attorney prepared Federal Estate Tax Return: $2,000.00. 3. Attorney prepared Estate Income Tax Return: $1,000.00. (Effective July 1, 2020) RULE 10.16 PETITION FOR INSTRUCTIONS 1. The use of a petition for instructions by personal representatives is limited to those matters for which no other procedure is provided by statue. 2. Subject to a personal representative’s fiduciary duties (Probate Code §§9600 and 9601) and a trustee’s duty of impartiality to all beneficiaries (Probate Code §16004; Breslin v. Breslin (2021) 62 Cal.App.5th 801), a petition for instructions must state the particular instructions requested and the basis therefor. 3. The relief requested in a petition for instructions must not be stated in the alternative. (Effective July 1, 2022)
CHAPTER 10: PROBATE, DECEDENTS’ ESTATES, CONSERVATORSHIPS, GUARDIANSHIPS, GUARDIANSHIPS OF THE ESTATE ONLY AND TRUSTS These rules supplement the Probate Code in a few particulars. Pro per parties and counsel are urged to consult the Probate Code and the California Rules of Court and to become familiar with the provisions that relate to their matters. RULE 10.00 PROBATE COURT PROCEEDINGS GENERAL RU
Reviewer note: Composed 2026-10-07 (California T4 Ventura build 2026-10-07) from BenchPath custody ca/t4/ca-ventura/docs/general/ventura_county_rules_of_court.pdf (9476523 bytes, sha256 1d89183a36d880b3483586b9c4f3c9554799c2a7bb7bc9907c2200c2b01483c7; 116 pages; this card is from the rule body, pages 10 to 77, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (“Ventura County Superior Court Rules”, “July 1, 2026”) and the page numbers removed as chrome; the cover, the judges and officers page, the table of contents, Appendix II (the fee schedule), Appendix III (the local forms lists) and the index belong to no card; Chapters 16, 23, 24 and 27 print only deleted rules (no card); the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only or the same characters reordered, read on the page; the proofs hold): two fee lists set one item a line as printed (“(i). Court Clerk's fees;”, “(i). Photocopies”) and the space the print shows after three item labels restored (“(iii). Surety”, “(iii). Paralegal”, “(iii). Long”). Review note: Published as printed: Rule 10.00's history “(Revised effective 07 01/2023)”; Rule 10.01 G “Local Rule. 9.01”; Rule 10.03 sets out the Public Defender's flat fees twice (subdivisions A.5 and D.5, the second without the fee petition item); Rule 10.04 M.4 still lists “Court Call Fees”; Rule 10.16 “by statue”.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.