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C.D. Cal. L.R. 17-1.7 — Minors or Incompetents - Letters of Guardianship or Custody - Bond: the court's own rule, verbatim from UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CHAPTER I LOCAL CIVIL RULES (6/1/2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Central District of California alongside the federal rules and any judge-specific procedures.
The court's Judicial Mediation Program for civil appeals (other than appeals under Welfare and Institutions Code sections 300, 601 and 602 and Family Code section 7802, conservatorship and guardianship matters and the other appeals the rule lists): on a civil notice of appeal the clerk sends instructions for the nonconfidential Civil Appeal Case Screening Questionnaire, whose late return may dismiss the appeal without prejudice to reinstatement or bring sanctions; filing the notice suspends the record-designation, cost-deposit and briefing provisions of rules 8.121, 8.124 and 8.216 (not the superior court's deposit under Government Code section 68926.1 and rule 8.100(b)(2)); within 14 calendar days of the questionnaires the court says whether it selected the appeal for mediation with a sitting Justice (the suspension continues until mediation is complete; otherwise it ends, and the parties may still stipulate into the program); the parties send the Justice mediator a confidential Mediation Statement at least seven calendar days before the session with the listed contents (parties and counsel, insurance, approvals and consents needed, prior settlement efforts, Code of Civil Procedure section 998 offers, facts and law, damages, liens, attorney's fees); parties and counsel attend in person with full settlement authority; mediation communications are confidential; monetary sanctions may follow a noticed motion or the court's own motion; a mediating Justice does not sit on the merits.
Mediation Program for civil appeals not exempt from it (appeals from civil commitment orders under rule 8.483(a)(1), conservatorship, guardianship or sterilization orders, and rule 8.700 and 8.710 appeals are exempt): on filing the notice of appeal the record-designation, cost-deposit, original-file and briefing-schedule provisions of rules 8.121, 8.124(a)(1), 8.128 and 8.216 are suspended; the appellant files the Civil Case Information Statement (form APP- 004) and an Appellant's Civil Appeal Mediation Statement within 15 days after the superior court clerk's notice (failure dismisses the appeal without prejudice to reinstatement for good cause), the respondent its statement within 10 days; the Presiding Justice decides selection after the Administrator's assessment; an exempt or unselected appeal may be placed in the Program by stipulation and order (filed within 30 or 10 days); the mediator charges nothing for the premediation call, preparation and the first four hours; counsel, parties and persons with full authority to settle, and insurance carriers' representatives, attend in person; the suspension lasts until mediation is complete, the court lifts it or nine months pass; a settlement is followed under rule 8.244 by a notice of settlement and, within 45 days, an abandonment or request for dismissal; mediation communications are confidential; monetary sanctions may follow a noticed motion or the court's own motion.
6.00.0 Conservatorship and Guardianship Rules: the generally applicable local probate rules (commencing with rule 5.01.0) apply except as otherwise provided (6.00.5); a temporary conservator or guardian appointed only after a hearing on facts establishing urgency, without notice only in emergencies, known potential objectors given at least twenty-four (24) hours’ notice if a permanent conservatorship will be contested, ordinarily a bond or blocked account for the estate, and special powers specified in the petition, with a physician’s declaration for a medically related power (6.01.0); an investigation unless excused or waived, at least twenty-five (25) calendar days’ notice, the petitioner providing the form of order appointing the investigator and an additional petition copy, and legal authority and facts if it should be waived (6.02.0); appearances required at the hearing on all petitions for appointment (6.02.1); independent powers requested with the reasons they are needed, on forms GC-210 and GC-310 for a guardian or non-LPS conservator, only necessary and proper powers granted (6.03.0); a limited conservatorship petition and counsel mandatory for a person with a developmental disability (the Court may find a general conservatorship appropriate), and a public defender on facts establishing financial inability (6.04.0); a notice of residence filed with all accountings, unless a final accounting is for the death, and on any change in residence (6.05.0); a proposed conservatee who made a nomination or waived the bond to prove the capacity to understand it at the time, which may be by oral representation at the hearing but not by counsel’s statement that the conservatee is present and does not object (6.06.0); 6.07.0 revoked 7/01/17 and 6.08.0 revoked 1/01/20 (6.07.0 and 6.08.0); an inventory and appraisal filed in every conservatorship or guardianship of the estate, so indicating when there are no assets, each minor’s interests separately stated (6.09.0); 6.10.0 and 6.11.0 revoked 7/01/17 (6.10.0 and 6.11.0); a request to increase or reduce the bond presenting the bond calculation of personal property, probable annual gross income, probable annual gross payments and cost of recovery, with the total (6.11.5); a successor guardian petition on a Judicial Council initial guardianship petition form (6.12.0); posting of a notice of sale requested under local rule 5.16.0, subdivision (e), and an ex parte petition and order to notify the Court of an intention to sell a conservatee’s personal residence (6.13.0); the one (1) year accounting noticed for a hearing within sixty (60) days after the appointment’s anniversary date, prepared under local rule 5.17.1, stating whether the conservatee or ward has a spouse or domestic partner, is or has been a state hospital patient or has property entitling the Veterans Administration to notice, with separate schedules for each minor (6.14.0(a) to 6.14.0(d)); a professional fiduciary filing only the account statements described by subdivision (c)(2) and lodging the others (6.14.0(e)); waiver of accounting (Probate Code section 2628) on a petition, which may be heard ex parte, asserting that the conservatee or minor over the age of 14 was informed and agreed or did not respond (6.14.0(f)); 6.15.0 revoked 7/01/17 (6.15.0); removal of a conservator or guardian under rule 5.11.0 (6.16.0); a termination other than for death or majority set for hearing at least thirty (30) days in advance for an investigation, notice on settlement of the final account to the former conservatee or ward or a deceased one’s representative, heirs or devisees, and a guardian discharged by separate declaration with the former minor’s receipt, not until one (1) year after majority without a valid release (6.17.0); and fees set by the Court, court authorization for advance payment, no temporary conservatorship fees unless Probate Code section 2640 is satisfied, services evaluated as a whole, not as “ordinary” and “extraordinary,” the request referenced in the caption and notice of hearing, only court-appointed counsel’s fees in the order appointing a conservator, no attorney’s fees for an attorney fiduciary in a law firm without a declaration not to share them, and the Court may reduce fees for less than a full year, award a larger compensation to an attorney who performed bookkeeping for an individual fiduciary and deduct from commissions any sum paid from estate funds for the fiduciary’s duties (6.18.0)
Probate petitions, guardianship, conservatorship, termination of joint tenancy, real property of small value and petitions to establish fact of birth, death, or marriage; a Probate Guardianship or Probate Conservatorship Investigation conducted through the Family Court Services; filing questions to the Civil Division at (559) 416-5525; Local Procedures and Notes - ex-parte hearings heard in Department 37, Department 40, Department 44 or Department 45 Monday-Friday at 8:15 AM, documents along with the 24-hour Notice or Non-notice Declaration submitted no later than 10:00 a.m. prior to the court date; all documents to be filed two (2) days prior to the court date; no Probate Examiner on staff; the Probate Department in the Civil Division at the Main Courthouse, window hours 8:00 AM - 3:00 PM, a drop box from 3:00 PM to 4:00 PM; tentative calendar dates from the Civil Division between 8:00 AM and 3:00 PM.
Division 7: notice in probate - copies of the petition served with the notice, the Clerk's notices, special or temporary letters, heirs without known addresses, handwritten and foreign wills, and the wording of probate orders (7.1.1 to 7.1.6); papers and the proposed order filed or lodged at least four (4) court days before the hearing (7.1.7); verified petitions submitted without an appearance except on confirmation of sale and appointment of a guardian or conservator, proposed orders delivered two (2) court days before (7.1.8); family allowance (7.1.9); petitions for appointment of a temporary guardian presented no later than 10:00 a.m. (7.1.10); fees and commissions, an extraordinary fee not exceeding $750 normally without an appearance (7.2.1 to 7.2.7); creditor's claims and sales (7.3.1 and 7.3.2); petitions for final distribution and the form of accounts (7.4.1 to 7.4.3); community property petitions and petitions to establish the fact of death (7.5.1 to 7.5.3); adoptions - a necessity of consent hearing within sixty (60) calendar days, and investigation charges of $300 for a stepparent adoption, $300.00 to declare a minor free and $450.00 for both (7.6.1 to 7.6.6); withdrawal of funds (7.7.1); and guardianship and conservatorship investigations - $600.00 for a guardianship investigation, $400 for a conservatorship investigation, an orientation for proposed conservators, Live Scan, and companion cases for multiple minors (7.8.1 to 7.8.8)
The educational program each proposed conservator views, in four parts - (1) the online conservatorship orientation, a video adopted from Orange County Superior Court (informational only, in English or Spanish), (2) the video "With Heart: Understanding Conservatorship", (3) the Handbook for Conservators, printed or downloaded, and (4) the Declaration of Completion of Orientation for Non-Professional Conservators, printed, signed and filed, the signed original and two copies in the clerk's office and one filed-endorsed copy provided to Family Court Services; and the Self-Help Resource Center for self-represented parties.
A copy of the filed petition and related documents, and of any document filed later, provided to Family Court Services (Room 204, Visalia Courthouse) or to the counter clerks at the South County Justice Center; once the court orders a relative guardianship investigation (Probate Code Section 1513(g)), a Court Investigator interviewing the petitioners and the children and reporting on the children's best interest, whether the guardianship is necessary or convenient and whether the guardians are suitable, with a check of local court records and a CLETS criminal background check on each legal parent in a confidential report, the investigators having 90 days; changes of contact information reported to Family Court Services at (559) 730-5000, Option 6, and filed; the mandatory local Guardianship Questionnaire (PRO-004) completed accurately and in detail; the Live Scan Fingerprint forms obtained from the Self-Help Resource Center after the Declaration of Completion of Guardianship Orientation is filed, Live Scan completed by each proposed guardian and each household member age 18 and over, and a copy of the completed form given to Family Court Services or the SCJC front counter; the report filed and mailed to the parties (Probate Code Section 1513(d)), any investigation fee ordered paid at the hearing, separate from the filing fee and waivable with a fee waiver; after appointment, contact changes filed on form MC-040 with a copy to Family Court Services, and the Annual Status Report (GC-251) for each child every year until the child reaches 18 or the guardianship ends, Family Court Services mailing a blank report about 60 days before the month the guardianship was granted and a report not filed set for an order to show cause; Family Court Services called if no investigator has called within 30 days, investigators returning calls within 48 hours; and a dismissal filed and served on Family Court Services to end the process.
The educational program each proposed guardian views (Rule 1007), in two sections - a PowerPoint presentation covering the general orientation for all guardians and the video "Becoming a Guardian" from the Contra Costa Superior Court website - then the "Declaration of Completion of Orientation for Guardian" printed, signed and filed, the signed original and two copies in the clerk's office and one filed-endorsed copy provided to Family Court Services; and the Self-Help Resource Center for self-represented parties.
The fingerprints of prospective guardians and conservators (California Penal Code Section 11105 (b) (22) and (23)) taken through the Tulare County Sheriff's Office, California Department of Justice - each proposed guardian and each household member age 18 and over, and each proposed conservator, completing Live Scan fingerprinting before the guardianship or conservatorship can be granted, the Court Investigator inquiring into its status; the Live Scan Fingerprint forms obtained from Family Court Services (221 S Mooney Blvd., RM204, Visalia, or the Porterville courthouse; 559-730-5000, Option #6) after the Declaration of Completion of Guardianship Orientation is filed; fingerprinting at the Tulare County Sheriff's Office - 833 South Akers Street, Visalia (appointments, with priority, and walk-ins 8-11AM and 2-4PM, Monday-Friday) or 1839 S. Newcomb, Porterville (appointments 9-3PM, Monday-Friday) - with the completed form and valid identification, the technician keeping the white copy and returning two; and the pink copy brought or mailed to Family Court Services (RM204, Visalia) or the South County Justice Center service counter so the results can be tracked, an incomplete Live Scan being the most common reason investigations are delayed.
A copy of the filed petition and related documents, and of any document filed later, provided to Family Court Services (Room 204, Visalia Courthouse) or to the counter clerks at the South County Justice Center; once the court orders a probate conservatorship investigation (Probate Code Section 1820), a Court Investigator interviewing the petitioners and the proposed conservatee and reporting on best interest, necessity or alternatives and suitability, the investigators having 90 days; the mandatory Confidential Conservatorship Care Plan (Part 1 and Part 2) completed accurately; changes of contact information reported to Family Court Services at (559) 730-5000, Option 6, and filed on form MC-040; the online orientation and its declaration completed by each proposed conservator, the Live Scan Fingerprint forms obtained from the Self-Help Resource Center and a copy of the completed form given to Family Court Services or the SCJC front counter; the report filed and mailed to the parties (Probate Code Section 1826), any investigation fee ordered paid at the hearing; after appointment, a Care Plan for each conservatee as the court requests, Family Court Services mailing a blank plan about 60 days before the month the conservatorship was granted and a plan not filed set for an order to show cause; for a conservatorship of the estate, an Inventory and Appraisal within 90 days of appointment and an accounting within 60 days of the first-year anniversary and every other year after; the Court Investigator's unannounced visit one year after appointment and biennially after (Probate Code section 1850); Family Court Services called if no investigator has called within 30 days, calls returned within 48 hours; and on the conservatee's death, form GC-399 filed and served with the death certificate and a copy given to Family Court Services.
Petitions set for hearing at the time of filing, with the filing fee unless a waiver is granted (conservatorship petitions with the filing fee and the initial court investigator's fee), an original and two copies of all forms submitted when the case is first filed; parties and counsel expected at all scheduled hearings unless the document examiner notes indicate that a petition is "RFA" (recommended for approval); the original and one copy of a proposed order submitted with all petitions, with a self-addressed return envelope; a guardian removed for specific reasons or in the child's best interest, on the court's own motion or a petition; and the Order Appointing Guardian of Minor signed by the court, then prepared Letters of Guardianship taken to the clerk's office for issuance, several certified copies advised.
Rules 1059 to 1063: fees, commissions and compensation to fiduciaries and their attorneys determined as just and reasonable on a properly captioned petition explaining the calculation and listing the dates, nature, hours, person and hourly rate of each service, noncomplying requests continued one time for at least two weeks, paralegal compensation only with prior court approval, no fees or commissions paid before an authorizing order, statutory fees allowed in proportion to the work completed with the last 25 per cent usually after the final accounting, the factors for extraordinary fees, petitions for extraordinary fees over 25 percent of statutory fees mailed to those entitled to notice, and conservator, guardian and attorney compensation only with court approval on a statement of the amount requested (1059); blocked accounts encouraged, bonds in conservatorships and guardianships waived only in the cases listed, the depository's receipt and agreement filed before letters issue, and bonds reduced, assets released and bonds increased on ex parte petitions (1060); an Increased Bid in Open Court form (Appendix 7) completed and signed on a successful overbid, no real estate commission to a purchaser, personal representative or fiduciary who is a licensed broker or salesperson without good cause, and broker compensation disputes heard separately after a face-to-face meet and confer (1061); a personal representative's or attorney's creditor's claim approved on a noticed petition served at least 15 days before the hearing, except funeral and last illness expenses not exceeding $5,000.00, claims less than $1,000.00 and the other cases listed (1062); and adoption hearings set by the calendar clerk in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center only after the Family Code section 8604 consents are filed or consent is judicially dispensed with, stepparent adoption investigations and reports by Family Court Services, other investigations by the Adoptions Division of the Tulare County Health and Human Services Agency, the section 8610 accounting report, the consent of a child twelve years of age or older, the section 8612(b) acknowledgment and the proposed adoption decree lodged before a hearing is set (1063)
Rules 1100 to 1113: juvenile matters heard by any judge, commissioner or referee, a presiding judge of the juvenile court assigning section 300 and 601 proceedings, guardianship petitions for dependents presented to the juvenile court, and dependency matters heard by officers trained under section 304.7 (1100); commissioners' and referees' orders final under section 250, rehearings under section 252 (1101); juvenile sessions at the Juvenile Justice Center, 11200 Avenue 368, Visalia, and the South County Justice Center, all section 300 and 602 papers filed in the Juvenile Justice Center clerk's office (1102); documents for a hearing the following day submitted no later than 3:00 p.m. the day before, and documents other than original petitions accepted only with the case caption and a proof of service (1103); noticed motions with a proof of service, notice reducible to five court days and opposition filed and served two court days before, the hearing date reserved with the juvenile calendar clerk first, ex parte relief only on written application with at least four hours notice, papers punched with two holes at the top, and stipulated continuances approved at least two court days before (1104); CWS's single Proof of Service Declaration (Appendix 2) for each dependency hearing (1105); ex parte orders in dependency cases on notice and a Declaration Re Notice of Ex Parte Application (Appendix 11), the clerk holding the application four hours, opposition within four hours of notice (1106); CASA volunteers appointed, given notice, access and service of filings, their reports served at least 10 court days before the hearing (1107); psychotropic medication for dependents and wards in out-of-home placement only on an approved form JV-220, the physician having evaluated the child within 30 days (1108); medical treatment under section 369 and a child's hospitalization reported within two (2) court days (1109); informal discovery under rule 5.546, motions to compel only after informal means are exhausted, no civil discovery methods without authorization, dependency reports filed and served three or five court days before the jurisdictional hearing and 10 court days before other hearings, expert and witness information exchanged at least five court days before contested hearings, and Penal Code sections 1054 - 1054.8 in delinquency proceedings (1110); juvenile case files confidential and inspected only under sections 827, 827.12 and 828 and rule 5.552, persons entitled without an order filing Local Form JUV-001 (1111); the public and media excluded from dependency and delinquency proceedings except under sections 346, 676 and 676.5 (1112); and media requests to the presiding judge of the juvenile court at least five days before the access date, copied to the Chief Probation Officer and/or the Deputy Director of Child Welfare Services, objections within two court days, and a signed media order (1113)
A temporary guardianship applied for only with a permanent guardianship case open with the Court or applied for at the same time, its hearing set approximately 30 days from the date of filing; emergency temporary custody orders (TCO) requested by filing an ex parte order for temporary custody, typically reviewed by the judge within three to five business days; filing fees paid on the first documents that open a case, and a court investigation fee of $380.00 for relative guardianships and $300.00 for non-relative guardianships; a waiver of the filing and investigation fees sought on forms FW-001 and FW-003 and FW-002 and FW-004, each proposed guardian preparing a separate set, a waiver good for a six month period; both biological parents and any other interested parties served with the guardianship paperwork; and guardianship form packets for purchase at the Family Court Services Clerk's office (800 11th Street, Room 221, Modesto; open 8:00 a.m. to 12:00 p.m.), with help completing the paperwork from a Self-Help clerk (800 11th Street, Second Floor, Room 220).
A personal representative maintaining all estate cash in an interest-bearing financial account or other investments authorized by law, except an amount reasonably necessary for orderly administration of the estate (Probate Code §9652) - estate funds deposited neither into the attorney's client trust account nor all into a non-interest-bearing account without the court's prior approval; the Letters agreeing with the signed Order, the Probate Examiners reviewing Letters before issuance, which affects obtaining issued Letters the same day as the petition hearing; an Inventory and Appraisal filed in all decedent's estates, conservatorship and guardianship matters by the statutory date even when the estate has no assets, a failure very likely resulting in a required court appearance; where the Inventory and Appraisal was submitted to the probate referee but not filed before the Inventory Review date, a declaration by the personal representative or counsel attesting to it with an anticipated timeframe for filing, the Court in its discretion continuing the Inventory Review hearing without required appearances; and, for a proposed personal representative residing outside California, the Court advised of any known California creditors or liabilities, by a verified declaration in advance of the hearing, the Court in its discretion approving the petition without requiring appearances.
Rules 8.00 to 8.41: decedent's estate and trust matters heard Tuesday through Thursday at 8:30 a.m., conservatorship and guardianship matters Tuesday and Thursday at 8:30 a.m. and LPS conservatorship matters Tuesday and Thursday at 9:30 a.m., calendared upon filing by the Civil Unit or the Family Court Services Unit, early settings only for good cause, and the Clerk of the Probate Court at 801 10th Street, Fourth Floor (mail: P.O. Box 3488) (8.00); the rules' application to estates, guardianships, adoptions, conservatorships and trusts (8.01); papers necessary for a hearing filed at least five (5) court days before it, a late filing fee of $25 per document possible (8.02); papers conforming to CRCs 2.100 and 3.1110, and electronically filed Letters bearing the appointee's electronic signature (8.03); the Probate Examiner's notes on the Court's website and questions e-mailed to Probate.Examiner@stanct.org (8.04); the hearing date below the case number on every document filed in a matter set for hearing (8.05); probate law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved with the probate clerks at (209) 530-2010, moving documents filed within five (5) court days of the reservation, tentative rulings after 1:30 p.m. the court day before, and hearings requested by phone or by e-mail to civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party (8.06); a guardian ad litem considered where an heir is a minor or an unborn person or an adult alleged to lack capacity - the petition's contents and what a guardian ad litem may not do without prior court approval (8.07); hybrid probate and civil pleadings, and quiet title actions filed in the Civil Court (8.08); a noticed probate matter not advanced (8.11); notice of a petition to administer an estate published under Prob. Code § 8120 and CRC 7.54, defects requiring republication (8.12); the notice requirements confirmed for every petition (8.13); the persons entitled to notice - heirs, beneficiaries, trustees, non-petitioning executors and the California Attorney General - a declaration of search efforts for an unknown address, and counsel doing the mailing the Probate Code assigns to the clerk (8.14); notice to foreign consuls (8.16); notice to the Director of Health Services, a proof of service or declaration filed in all decedent's estate matters (8.17); a named executor's written declination filed (8.18); wills proven by declaration filed at least five (5) Court days before the hearing, and self-proving wills (8.23); typewritten copies of holographic wills and certified translations (8.24); petitions naming all persons in the will and codicils, trustees and beneficiaries, contingent beneficiaries, revoked devisees and the personal representative's street address (8.26); a minimum bond of $20,000 (8.33); ex parte requests - those handled without appearance, others reviewed by the Probate Examiner with a ruling or hearing date within 72 hours, law and motion ex parte matters approved and scheduled by the assigned judge through the courtroom clerk before filing, five (5) days' notice on ex parte conservatorship or guardianship petitions assigned a hearing date, a Declaration of Due Diligence to waive or shorten notice, papers submitted by 2:00 p.m. the afternoon before the hearing, verified petitions and separate complete orders (8.35); no oral testimony on a verified petition (8.36); contested matters - a face-to-face meeting before the hearing, matters submitted on the pleadings heard at the end of the calendar, long-cause hearings of two (2) hours or less on a date certain (8.37); and orders prepared by counsel, delivered to the Probate Unit at least five (5) Court days before the hearing, complete in themselves, filed immediately after signing on pain of being null and void, and an inventory review hearing six (6) months after the appointment of a personal representative (8.41).
Rules 8.106 to 8.149: guardianship matters - consolidation with adoption, temporary and general guardians, notice, investigation fees, documents to the Court Investigator and mediation - referred to Family Law Rule 7.27 (8.106 to 8.113); a temporary conservatorship petition filed with or after the general petition, notice under Prob. Code § 2250(e), review by the Court Investigator and the Probate Examiner before the ex parte hearing, and an ex parte application ordinarily entertained only with some urgency (8.114); general conservatorship petitions heard at 8:30 a.m. Tuesday through Thursday and set at least forty-five (45) days after filing, and a subpoena of the Court Investigator for a long cause matter personally served 30 days before the hearing with $275.00 (8.115); the conservatorship investigation fee paid to the clerk, waivable for hardship (8.116); each proposed conservator, temporary ones included, purchasing the Conservator's Handbook from the Probate Division before the petition is considered, the Public Guardian and corporate fiduciaries exempt (8.117); proposed transactions under Probate Code § 3100 with a medical declaration of a spouse's lack of capacity (8.118); substituted judgment petitions informing the Court of all relevant circumstances, and annual accountings of a resulting trust (8.119); independent powers granted only as necessary, set forth in the order and the letters, sales still confirmed by the Court (8.120); the inventory and appraisal filed within ninety (90) days after the appointment (8.123); accounts with the required information, explained market values, a separate accounting for each ward, bank statements for the period's ending date, and separate final accounts before and after the date of death (8.125); the Court Investigator's report on each accounting (8.126); accounts dispensed with under Prob. Code § 2628, ex parte on optional Local Form PR-002, final guardianship accounts ordinarily waived only for funds in a blocked account and never where a bond has not been posted (8.127); counsel for CARE Act respondents - a qualified legal services project first, then the Stanislaus County Public Defender, who reports a conflict within two (2) Court days, then the Stanislaus County Alternate Defender (8.137); notice of pendency of adoption actions sent by the clerk, petitioners furnishing the investigating agency with the papers and fees (8.141); finalization only after the birth parents' consents or termination of their rights, the agency's report and the Court Report of Adoption, and the petitioners' unsigned consent, proposed decree and request for hearing (8.142); file-marked petitions forwarded within thirty (30) days to the State Department of Social Services for independent adoptions, to the placing agency for agency adoptions and to the Community Services Agency for step-parent adoptions, whose investigation fee is paid within one (1) year, petitions not finalized within eighteen (18) months subject to dismissal (8.143 to 8.145); private mediation of kinship adoption agreements (8.146); petitions to terminate parental rights or free a minor forwarded with contact information to the investigating agency within ten (10) days (8.147); the investigation report under Family Code § 7663 and due diligence to find alleged fathers before notice is dispensed with (8.148); and freedom from parental custody - the $380 investigation fee at filing, the petition to the Family Court Investigator within ten (10) days, personal service of the citation at least ten (10) days before the hearing, and service by publication on a declaration of due diligence, the hearing then set approximately seventy-five (75) days from filing (8.149).
Rules 8.42 to 8.105: a reasonable family allowance paid without approval under the Independent Administration of Estates Act (8.42); an order for family allowance limited to six (6) months before the inventory and appraisal is filed and to one year after, renewable for good cause shown in writing (8.43); the application's contents (8.44); a petition for family allowance ex parte only before the inventory is filed and within six (6) months of qualification, a non-representative's petition needing the representative's consent or waiver of notice (8.45); retroactive payment beyond two (2) months discouraged and late applications noticed (8.46); specifically devised property sold or encumbered only on Court approval after ten (10) days' notice or with the devisee's consent (8.53); real property appraised within one (1) year of the sale (8.54); published notice of sale unless the Independent Administration of Estates Act or the will dispenses with it, and no offer accepted before the date in the notice (8.55); mailed notice of the confirmation hearing at least fifteen (15) days before it (8.56); the legal description and the common street address in notices and petitions (8.57); an order confirming sale not filed until any additional bond is filed (8.58); brokers' commissions of at most 6 percent (6%) for improved and ten percent (10%) for unimproved real property (8.59); deposits of ten percent (10%) with bids and a cashier's check of ten percent (10%) of the first overbid (8.60); conditional sales ordinarily not approved (8.63); sales where the buyer assumes an encumbrance ordinarily not confirmed (8.64); every account opening with the Summary of Account, with the schedules of Prob. Code §1062 and the petition's required disclosures (8.65); allocation of trust receipts and disbursements under Prob. Code §1063 (8.66); debts paid on verified claims, or approved without one only on a verified petition or testimony (8.67); reserves on final distribution - under $5,000 discharged on form DE-295, $5,000 to under $20,000 with a supplemental declaration, $20,000 or more with a supplemental accounting set for hearing (8.68); distribution without an account only in a solvent estate, the report's required contents, and notarized waivers of account (8.69); accounts personally signed by each fiduciary (8.70); vouchers not filed unless ordered (8.71); wrongful death damages held for the statutory beneficiaries, injury and property damages inventoried (8.72); a petition for final distribution or a verified report of status within one (1) year of letters, or eighteen (18) months where an estate tax return is required, and a status review hearing six (6) months after the inventory review (8.82); the report of administration's allegations and schedules - creditors' claims, taxes, the required notices, the computation of fees and commissions, costs, an all-inclusive caption, assets on hand and the proposed distribution (8.83); the documents required before distribution to minors - letters of guardianship, form MC-355 for a blocked account, a custodian's acceptance, a parent's written assurance (8.84); no distribution care-of an attorney without the heir's written consent (8.86.1); distribution by agreement on a notarized written agreement (8.87); disclaimers on file before the hearing (8.88); petitions to dispense with guardianship or conservatorship accounts submitted ex parte on the suggested form PR-002 (8.91); a discharge review hearing, or an account review hearing for retains of $20,000 or more, six (6) months after the order of final distribution (8.92); verified petitions to establish the fact of death, and orders obtained ex parte with a death certificate, the deed and the proposed order (8.93 to 8.95); no attorneys' fees for joint tenancy proceedings in an estate fee petition (8.96); petitions to set aside heard with any petition for letters (8.97); spousal property petitions with separate schedules, the listed allegations and a deed demonstrating current title (8.98); petitions to succeed to a personal residence with a proof of subscribing witness and a deed (8.99); notice of a petition under the Independent Administration of Estates Act, and the Notice of Proposed Action filed with its affidavit of mailing (8.100); and notice of a Special Needs Trust accounting to the State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services (8.101.1).
Probate Examiners reviewing all papers filed with the probate court for compliance with the probate code, local court rules and the court's policies, their notes identifying deficiencies before the hearing (the Probate Examiner Line); remote appearances in probate through the Remote Court Hearings page, J1-Probate under the Juvenile Justice Center, arriving 30 minutes early, and for a probate matter set in Traffic Courtroom T1 at 3131 Arrow St. by contacting the Probate Clerk's Office; venue for Probate, Guardianship, Conservatorship, Minor Compromise (where no civil case exists) and Fact of Birth, Marriage, and Death cases at the Juvenile Justice Center, 2100 College Ave; copies by mail on a written request with the case number, the date and name of the documents, contact information, the fee and a self-addressed stamped envelope - for a copy of a will, a court order for production of the will or a certified copy of the decedent's death certificate; CourtCall appearances under California Rules of Court, rule 3.670, pre-cleared at least five (5) COURT days prior to the hearing; postings for upcoming petitions for sales of property on the bulletin board outside the Probate Department; and the probate form packets and local forms.
Chapter VIII, Rules 8.1 to 8.9.2: pleadings complying with Rules 2.100-2.119, 2.256(b) and 3.1110 of the California Rules of Court and specifying the department number and hearing date (8.1.1); court appearances required at all hearings unless the matter has been recommended for approval, and remote appearances (8.2.1 to 8.2.2); matters proper to be submitted on the pleadings (8.2.3); hearing dates obtained after the Court's review, and law and motion dates pre-cleared and reserved (8.3.1 to 8.3.1.1); examiner's notes posted on the court's website, and continuances stipulated by counsel approved by the Court and of no less than seven (7) calendar days (8.3.2 to 8.3.2.2); a Mandatory Settlement Conference in any contested probate matter estimated at more than one (1) day (8.3.3); orders - production of a will, the contents of probate orders, continuing payments and ex parte proceedings (8.4 to 8.4.4); special administration, allegations re heirs or beneficiaries, wills and codicils as exhibits, proof of wills, declinations and consents, and multiple representatives (8.5 to 8.5.6); sales of real property (8.6 to 8.6.4); inventories, accounts and petitions for distribution (8.7 to 8.7.6); fees requested as a specific sum and extraordinary fees (8.8 to 8.8.4); and bonds and supporting documents in guardianship and conservatorship accounts (8.9 to 8.9.2).
Chapter VIII, Rules 8.10 to 8.19: guardianships - the notice required by Probate Code section 1511, temporary guardians, guardianship questionnaires, investigations and investigation fees, CLETS reports, notice of a change of address within thirty (30) days, assessments, resignation and the guardian's duties (8.10 to 8.10.8); conservatorships - the citation, appointment and investigation, appointed attorneys, notice of a change of address within thirty (30) days, assessments and resignation (8.11 to 8.11.5); law and motion and discovery in probate (8.12 to 8.12.1); withdrawal of attorneys of record by motion (8.13); consolidation with the lowest number (8.14); petitions under Estate of Heggstad (8.15); trustee compensation (8.16); a copy of the trust instrument filed or the original lodged (8.17); the witness fee for a Family Court Services investigator under Government Code section 68097.2 paid before serving the subpoena (8.18); and attorney fees for the trust (8.19).
The court's Mental Health Diversion (MHD) processes for misdemeanor and felony cases under Penal Code section 1001.36: the eligibility requirements - a mental disorder identified in the most current edition of the DSM that played a significant role in the commission of the charged offense - and the suitability requirements - the opinion of a qualified mental health expert (QMHE), consent to diversion and a time waiver, agreement to comply with treatment, no unreasonable risk of danger to public safety, and a program that will meet the defendant's specialized mental health treatment needs; the offenses not eligible; Phase I - defense counsel to inform the judge in the home court, the completed application filed online and routed to the MHD desk, a hearing within two to three weeks of filing (in custody) or three to four weeks (out of custody), no case set for an MHD hearing without a completed application, an “Authorization to Release Private Health Information” (HIPAA) waiver, and the application's motion and exhibits (the QMHE report, confidential under CRC rule 2.550, a release of information, the QMHE's curriculum vitae and the police reports); a suitability statement at least FIVE COURT DAYS before the eligibility hearing, opposition papers no later than TWO COURT DAYS before the hearing, and a restitution hearing on request; Phase II - a review hearing one month after acceptance, up to two years to complete treatment (one year for misdemeanors), review hearings monthly in the first six months, bimonthly in the second six months and every three months in the second year, and progress reports at least three court days before any hearing; dismissal of the charges on successful completion, motions to dismiss generally not considered earlier than 18 months after admission; Phase III - termination, modification or referral for conservatorship; confidentiality, ROI forms and confidential envelopes; and disqualification - mental health diversion matters heard by the judge regularly assigned to 97B and set a minimum of 14 days before the hearing, the 5-day notice requirement strictly adhered to.
A general conservatorship (Probate Code § 1800, et seq.) - the proposed Conservatee personally served with a citation issued by the court, a Court Investigator assigned to interview the proposed Conservatee and to visit one year after the appointment and every other year thereafter, and the hearing set approximately 30 days from the date of filing; a limited conservatorship for a person who is developmentally disabled; a petition to appoint a temporary conservator submitted to the judge on an ex parte basis, the petitioner with no opportunity to speak directly with the judge, all supporting information and the relevant medical, police or Adult Protective Services reports in the application; the conservatorship video and certificate; and the form packets at the Probate Clerk's Office.
A Court Investigator assigned to every guardianship and conservatorship case to interview the necessary parties; investigative fees automatically assessed, the investigator reviewing financial information case by case; payment at the counter by cash, check, money order or credit card, checks payable to Fresno County Superior Court; and monthly installments of investigative fees by a Payment Agreement Form (PPR-20) submitted to the Probate Clerk's Office, a minimum monthly payment of $50.00, a change of address to be noticed.
The hearing on a Petition for Appointment of Guardian generally set 60 to 75 days from the date of filing, a Court Investigator appointed to complete a background investigation on each proposed guardian, any adult living in the home and any potential caregiver; in a guardianship of the estate the funds generally placed into a blocked account, expenditures only on prior court approval; a petition to appoint a temporary guardian submitted to the Judge on an ex parte basis, a supporting declaration with detailed information and copies of any police reports or CPS recommendations recommended; the Caregiver's Authorization Affidavit (FC § 6550) as an alternative; the form packets at the Probate Clerk's Office (Room 300) or online at no cost; and the Guide and File interview, the self-help packet and a Guardianship Clinic usually offered twice a month by Central California Legal Services.
Chapter 7, Rules 7.1 to 7.14 (Pleadings to Disclaimers and Assignments in Probate Estates): the Probate Code section that allows the requested relief below the title of the pleading, and a proposed Order with all pleadings that request relief, received ten (10) days before the hearing (7.1.1); a separate case number and a current filing fee for trust matters (7.1.2); parties required at all hearings unless the matter has been recommended for approval, to appear in person or remotely (7.2.1); remote appearances by Zoom, at no cost, on a Notice of Remote Appearance form (RA-010) filed at least five court days prior to the hearing with an e-mail address, e-filed as a separate document (7.2.2); all matters reviewed in advance by Probate Examiners and pre-approved when all procedural requirements have been satisfied, the Examiner Notes on the Court's website, and documents to cure irregularities up to two (2) court days before the hearing (7.3); matters not ready for hearing continued, the Probate Clerk's Office may grant a maximum of two continuances, and written objections filed and served no later than five (5) days before the continued hearing (7.4 to 7.4.5); a Status Hearing when a required account, report, or petition for distribution is not timely filed, verified Status Reports no later than five (5) days before the hearing (7.5); orders complete in themselves, monetary distributions stated in dollars, and nunc pro tunc orders correcting clerical errors (7.6 to 7.6.3); ex parte applications verified and accompanied by a separate order complete in itself, no testimony taken (7.7); blocked accounts in federally insured, interest bearing accounts, withdrawals requested by ex parte application and paid directly to the vendor or service provider, and the policy of the court to block all funds in Guardianship Estates (7.8 to 7.8.3); publication by city as listed, and anywhere else within the County of Fresno in the Fresno Bee or the Fresno Business Journal (7.9); the names and signatures of all appointed persons on each copy of the Letters, and a personal representative's birth date and driver's license number kept confidential (7.10 to 7.10.1); final, partial, supplemental and corrected inventory, and the Inventory and Appraisal to describe real property by legal description (7.11 to 7.11.2); petitions for distribution that list and describe all property, its character and the legal description and APN of all real property, no distribution in undivided interests without written consent or good cause, and an informal accounting of a closing reserve in excess of $5,000.00 (7.12 to 7.12.6); a waiver of accounting petition with the current status of all inventoried items (7.13); and disclaimers and assignments on file before the hearing on distribution (7.14).
Chapter 7, Rules 7.15 to 7.23 (Conservatorships and Guardianships to Video Conferencing in Medication Capacity / Riese Hearings and Writ of Habeas Corpus Mental Health Hearings): the court to assess fees for the cost of investigations in guardianship and conservatorship cases unless waived, petitioners who do not qualify for a waiver may request a monthly installment plan (7.15.1); only those independent powers necessary in each case (7.15.2); temporary requests considered ex parte, the court generally to deny the ex-parte appointment of a temporary guardian unless a present emergency exists and the minor is currently residing with the petitioner (7.15.3); no conservator or guardian of the estate when the only asset or income is public assistance benefits, a separate case number for each minor in a guardianship of the estate, two additional copies of the following when a guardianship petition is filed by a self-represented litigant, and no guardianship ordinarily considered if a matter involving custody of the child is presently pending in the Family Law Court or the minor is subject to the Juvenile Court (7.15.4 to 7.15.7); the proposed conservator to view the video “With Heart: Understanding Conservatorships” before the hearing (7.15.8); the compensation of a court-appointed attorney paid by the conservator of the estate, the person represented, or the County under the Court's Claims Processing Policy, time detailed in .1 hour (6 minute) increments, requests submitted over six (6) months after services not eligible and those more than ninety (90) days after reduced by fifteen percent (15%) (7.15.9); attorney fees and commissions awarded based upon what is just and reasonable under California Rules of Court, Rules 7.750 through 7.752, or flat fees - $2,500.00 for establishment of a conservatorship or guardianship and the first account, $2,500.00 for a court confirmed sale of real property, $600.00 for income tax returns, $1,250.00 per year for each timely filed subsequent account, and for guardians and conservators 10% of the sales price of personal property up to $1,000.00 and $1,000.00 for a sale of real property - and no fees before an inventory is filed or ninety (90) days from the issuance of letters (7.16); costs advanced reimbursed without prior court permission and business expenses not reimbursable (7.17); extraordinary fees in decedent's estates without further justification - for attorneys $2,500.00 for court confirmed sales of real property, $2,000.00 for a Federal Estate Tax return and $500.00 for an Estate Income Tax return, and for personal representatives $1,000.00 for sales of real property (7.18); the proposed trust instrument attached to the petition, court confirmation of sales of trust real property, and no payment of fees without prior court approval under continuing court supervision (7.19); an overbid in court with ten (10) percent of the minimum overbid (7.20); financial account statements supporting conservatorship and guardianship accounts, filed separately as “confidential financial statements” (7.21); statutory attorney's fees to a personal representative who is an attorney only on petition filed within ninety (90) days of the initial appointment (7.22); and medication capacity and writ of habeas corpus mental health hearings held via video conference (7.23).
The court's local form SIE-0038-INFO (Rev. 2/14/2024), Information Sheet on Personalized List of Rights, for Sierra County Local Form SIE-0038, Personalized List of Rights: Probate Code §1835.5 requiring conservatees to be provided with a list of their rights, and any rights that were withheld by the court; the form completed by the conservator and filed when a petition is filed that requests an order that will change the rights of the proposed conservatee or conservatee, within 30 days after an order is made that changes those rights (if a correct form was not already filed) and within 30 days after the court enters an Order Appointing Court Investigator (if correct form was not already filed); the orders that change those rights - an Order Appointing Probate Conservator (form GC-340), an Order Authorizing Conservator to Give Medical Consent for Medical Treatment (form GC-385), and orders under Elections Code 2208 and Probate Code 1873, 1901, 2350, 2450, 2351(a), 2357 and 2601; and separate instructions for a conservatorship and a limited conservatorship on completing the form's Personal Rights, Estate Rights, and Other Rights from the boxes checked on form GC-340 and on Attachments 31, 32, and 33 (form SIE-0038), with tables of the boxes to check.
Chapter 14 (Rules 14.01 to 14.17): every pleading that requires a hearing set on the regular calendar at filing - the conservatorship and guardianship calendar on Mondays at 9:30 A.M. and the probate calendar on Mondays at 10:00 A.M., counsel advised to consult the Clerk - the attorney or self-represented party who files the pleading to select the initial hearing date (14.01); all documents in support of a pleading filed no later than five (5) court days before the calendared hearing (14.02); pleadings executed and verified as required by the Probate Code (commencing with Section 1020) and Rule 7.101 (14.03); the petitioner, not the Court Clerk, to give notice and file the proof of service, a complete copy of the petition served with notice on a person requesting special notice, and on all interested parties when the fiduciary or attorney is requesting extraordinary fees (14.04); probate orders complete in themselves, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain or for a specified period, ex parte applications under Local Rule 3.03 with a separate proposed order and an allegation on special notice, notice to the District Attorney as Public Administrator, contingent heirs listed, Judicial Council form DE-131 for proof by a subscribing witness, and bond (14.05); the petitioner or attorney to appear at any hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions in decedent's estate matters deemed submitted without an appearance (14.06); the matters required in a petition for final distribution, and the terms of any testamentary trust set out in full (14.07); all accounts to comply with Probate Code §§1060 et seq., waivers of accounting given in writing by competent adults (14.08); a petition to establish the fact of death verified, with the instrument and the death certificate attached (14.09); a specific sum requested in all petitions for attorney fees (14.10); extraordinary fees measured by reasonableness and benefit to the interested parties, the petition itemized by date, time and service and the request included in the notice of hearing (14.11); the Court to refer all petitions for appointment of a guardian for an investigation, the petitioner to provide an additional copy for the investigating agency, applications for appointment of a temporary guardian submitted ex parte with a reconsideration hearing within 30 days, and petitions for a general guardian normally calendared for hearing six to eight (6-8) weeks after the petition is filed (14.12); the Modoc County Department of Social Services, the Public Guardian, and a fully completed Judicial Council Form GC-330 and an extra copy of the petition with a conservatorship petition (14.13); deposits into blocked accounts made into federally insured, interest-bearing accounts, the initial deposit not to exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) held in a single federally insured depository, the trustee of the account to file a receipt within 30 days, and withdrawals of principal or interest only when ordered by the Court, on a verified application with the following documents attached (14.14); accounts of guardians and conservators, the Court not to favor the waiver of final accounts by the ward (14.15); the conservator to notify the Court of a change of the conservatee's residence within thirty-days (30) (14.16); and the guardian or conservator to notify the Court in writing within thirty-days (30) of the death of the ward or conservatee and to petition to terminate the estate (14.17).
Chapter 3 (Rules 3.01 to 3.08): this Section Three a guide to the conduct of all civil pretrial matters, subject to Rule 3.20 of the California Rules of Court, and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, and 527.8, the Family Code, the Probate Code, and the Welfare and Institutions Code (3.01); papers in support of or in opposition to a motion to comply with Rules 3.110-3.115 and Rules 2.100-2.119 of the California Rules of Court (3.02(A)); moving, opposing and reply papers filed and served as required by Code of Civil Procedure §1005(b), the Court counting the calendar days for the form of service and then the sixteen court days to the hearing, a hearing on a court holiday set on the next regularly scheduled law & motion calendar, and proof of service of the moving papers filed no later than five (5) calendar days before the hearing (3.02(B)); a party with in excess of ten (10) exhibits to have all exhibits pre-marked, with a cover sheet for the clerk (3.02(C)); failure to file and serve opposition may be deemed a waiver of objections and an admission that the motion is meritorious (3.02(F)); submission without appearance encouraged, notice of non-appearance given no later than two (2) days prior to the hearing date, two (2) court days when an out-of-county judge has been assigned (3.02(G)); Rules 3.1200-3.1207 of the California Rules of Court to govern ex parte matters in general civil law & motion proceedings and in family law and probate discovery, this rule all other ex parte matters (3.03(A)); for the other ex parte applications, notice to all opposing counsel or unrepresented parties in person, by telephone, or by FAX no later than 10:00 AM on the court day just prior to the ex parte appearance, a "Declaration re Notice" with Family Code applications, temporary guardianship petitions and petitions under Code of Civil Procedure §§527.6, 527.7, or 527.8, and the parties to serve copies of the application no later than 12:00 P.M. (noon) on the court day just prior to the hearing and opposition papers at least four (4) business hours prior to it (3.03(B)); uncontested ex parte applications submitted to the Clerk at any time, contested matters scheduled by the Clerk not later than noon of the preceding court day, copies submitted no later than four (4) business hours prior to the hearing, and no application for ex parte relief made by letter (3.03(C)); an order shortening time granted only on a declaration demonstrating good cause, the moving papers delivered no fewer than two (2) court days preceding the hearing (3.03(E)); ex parte writs of attachment or possession, re-application after denial, and stipulated judgments (3.03(F) to 3.03(H)); probate ex parte applications, notice given by no later than 10:00 AM of the court day just prior to the hearing date (3.03(I)); amendment of pleadings under Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473, an amended pleading preferred over an amendment to a pleading (3.04(B)); dismissal on the Court's own motion or on ex parte application when an amended pleading is not filed after a demurrer is sustained with leave to amend (3.04(E)); motions for summary judgment under Rule 3.1350 and Code of Civil Procedure §437c (3.05); the Court generally to grant a continuance of a law & motion hearing on the agreement of all counsel and parties, the party reporting the agreement to notify the Clerk in person or by telephone no later than 5:00 P.M. at least two (2) court days before the hearing and to file a written notice confirming it (3.06(A)); counsel to notify the Clerk and opposing counsel no later than the close of the third court day prior to the hearing date when a matter is likely to require more than a total of 15 minutes (3.06(B)); Rule 3.670 of the California Rules of Court to govern telephonic appearances in non-evidentiary civil law & motion and probate proceedings, requests made through the outside vendor (currently “CourtCall”) (3.06(D)); the prevailing party to prepare a proposed order within ten (10) calendar days where Rule 3.1312 does not govern, the opposing party to approve or object within ten (10) days, and the Court to hold orders not approved for five days (3.07); and writ briefs not to exceed thirty-five (35) pages (reply briefs 20 pages), and writ petitions served in the same manner as a summons and complaint (3.08).
The court's process for pretrial mental health diversion under Penal Code section 1001.36, developed with the District Attorney's Office, Public Defender, Mono County Probation Department, and Mono County Behavioral Health: the eligibility requirements and the offenses not eligible; defense counsel filing an Application for Mental Health Diversion (MHD), served on the prosecutor, with the signed Release of Information; the case continued four to six weeks for a MHD Status Conference (custody status and/or expedited review possibly considered for a defendant in custody), defense counsel gathering and sharing the mental health information and the parties meeting and conferring; at the status conference the court's findings on a prima facie basis and suitability, a MHD status hearing for the treatment plan or a contested hearing (an evidentiary hearing set no earlier than 2 weeks when lengthy, with expert testimony); the treatment plan submitted to the prosecutor and filed, kept in a confidential envelope, the court granting diversion and staying the proceedings for up to two years, the defendant signing the Order for Mental Health Diversion and returning for a progress report hearing 30 to 90 days out, or an updated plan within 2 to 3 weeks; progress reports at each hearing, further dates, more time, termination or referral for conservatorship; the district attorney pursuing restitution; the motion to terminate diversion and its grounds; the charges dismissed on satisfactory performance; and the Release of Information, HIPAA and confidential envelopes
A conservatorship begun on the statewide forms (Probate - Guardianships and Conservatorships), the completed forms filed with the Civil Clerk's office in person at the Mammoth Lakes courthouse, 100 Thompsons Way (questions by e-mail to civil@mono.courts.ca.gov or by telephone, Monday thru Friday 9:00 a.m. to 12 noon); the petition fees on the fee schedule and additional fees for investigation services (fee waivers on FW-001 and FW-002); the filing of a petition triggering an investigation - an investigator interviewing the proposed conservatee and conservator(s) and others and reporting to the court, the investigation usually completed within two to four weeks and before the hearing date; every conservatorship reviewed six months after the appointment, one year after it and annually after that (Probate code 1850), the court investigator visiting the conservatee and reporting; Adult Protective Services investigating abuse or neglect of adults.
Section 13 (Rules 13.01 to 13.16): the caption of a petition all-inclusive as to the order sought, the caption to so indicate if any part of the estate is to be distributed to a trust (13.01); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by the representative, trustee, guardian, or conservator personally, not by the attorney unless CCP §446(a) authorizes it (13.02); a copy of the petition served with each notice of hearing on a person requesting special notice or where the petition is the accounting of a testamentary trustee, and on all interested parties where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810 (13.03); the moving party shall submit a proposed order for every petition, worded so that its general effect may be determined without reference to the petition (13.04); orders and affidavits of publication filed or lodged at least three court days before the date of hearing (13.05); an order for family allowance limited to six months if no inventory and appraisement has been filed, and to one year if one has (13.06); petitions for statutory fees or commissions before final distribution must contain the information required by CRC Rule 7.701, ordinarily no more than 75% of the statutory compensation allowed before approval of final distribution (13.07(A)); the court may deduct from the personal representative’s statutory commission sums paid for the performance of the representative’s ordinary duties (13.07(B)); statutory compensation calculated on both halves of the community property only when both halves are included in the probate proceeding (13.07(C)); compensation for extraordinary services ordinarily not allowed or paid before the final accounting has been approved, petitions to include the information of CRC Rule 7.702 (13.07(D)); in cases where there is a confirmation of sale hearing, the court will consider $750.00 to be reasonable compensation (13.07(E)); the court will assume $750.00 is a reasonable amount for the preparation of the Federal Estate Tax Return if neither the personal representative nor an attorney provides such information (13.07(F)); costs separately stated and described (13.07(G)); a petition for final distribution shall contain the following matters - all assets on hand, the entitlement of each heir, a computation of the attorney fees and representative commissions, a statement regarding payment of all taxes under Probate Code §9650, an agreement for distribution in kind other than pursuant to the will or intestate succession, a schedule of claims, the terms of any testamentary trust in full, an itemization of costs (ordinary overhead items not proper cost items), the proration of taxes, fees, and costs, separate and community property, any assignment of interest, the trustee’s statement accepting the property or a petition for a substitute trustee, and distribution to a minor or an incompetent under Probate Code §3300, et seq. (13.08); the original Summary of Account and Detailed Schedules filed in any proceeding in which an accounting must be filed pursuant to Probate Code §1060 (13.09(A)); in a guardianship or conservatorship proceeding the documents in support, including every account statement, lodged rather than filed, with a copy of the Summary of Account attached to the top (13.09(B)); the Summary of Account and Detailed Schedules filed and supporting documents lodged within 90 days of the close of the accounting period (13.09(C)); a petition to establish the fact of death verified and with a copy of any instrument relating to any interest in the property and a copy of the death certificate attached as exhibits, no request for fees for services of this character (13.10); a hearing date scheduled for no later than one month after the anniversary date of every order appointing a guardian, the clerk to mail Judicial Council Form GC-251 at least one month before the hearing date, no appearance necessary if the report is filed prior to the date for the hearing (13.11); counsel permitted to appear by telephone on the probate calendar, telephonic appearances not allowed at any proceeding at which witnesses will be called to testify or at settlement conferences (13.12(A)); telephonic appearances through the vendor, Court Call, at (888) 882-6878, unless leave of court is obtained to contact the court directly (13.12(B)); the court may at any time require the personal appearance of any party (13.12(C)); attorney fees in guardianships, conservatorships, and trusts under Section 6148 of the Business and Professions Code - a written contract where it is reasonably foreseeable that the total expenses will exceed one thousand dollars ($1,000.00), where there is no such written contract hourly rates that are customary in Trinity County, fees that may be denied or reduced, only legal fees for counsel appointed by the court in the Order Appointing Conservator, and an attorney fiduciary’s declaration agreeing not to share in the firm’s fees (13.13(A)); petitions for compensation to a guardian, conservator, or attorney shall include the information required by CRC Rules 7.751 and 7.702, the court to evaluate the services as a whole and consider the factors of CRC Rule 7.756 (13.13(B)); in determining compensation of a trustee the court will consider the factors of CRC Rule 7.776, compensation ordinarily allowed as provided in the governing instrument unless the Court fixes a greater or lesser amount (Probate Code §15680(b)), compensation for an attorney for the trustee ordinarily allowed as provided in the governing instrument, or reasonable compensation the court will establish, the time governed by Probate Code §§15680- 15688, petitions for periodic payments to comply with Probate Code §2643 (13.13(C)); every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office, forwarded to the Court Investigator, additional documents subject to the same process (13.14(A)); the fee for court investigations specified in the court’s fee schedule, collected at the time of filing of a petition to establish a guardianship in which the proposed guardian is a relative unless a fee waiver has been granted (Probate Code § 1513.1), and in conservatorship proceedings the court to determine whether to collect, waive or defer the fee after the investigator’s report (Probate Code § 1851.5) (13.14(B)); this court does not accept direct fax filings and will accept filings through a fax filing agency in accordance with CRC Rule 2.303 (13.15(A)); electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (13.15(B)); the conservator shall notify the court within ninety (90) days of the death of the conservatee (13.16(A)); and if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052 (13.16(B)).
Rule 13 (subdivisions A to D): the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding where in the child’s best interest (Family Code section 3150(a)) (13(A)); counsel an active member in good standing of the State Bar of California with professional liability insurance or adequately self-insured (13(B)); at least 12 hours of education and training within one (1) year before the statement of compliance (no more than six (6) hours self-study), at least six (6) child custody proceedings within the preceding five (5) years (at least two (2) contested family law, no more than three (3) dependency or guardianship), a minimum of eight (8) hours of continuing education each calendar year (California Rules of Court, rule 5.242(c)), form FL-322, Declaration of Counsel for a Child Regarding Qualifications, and a new statement of compliance on form FL-322 on or before February 28 of the third year and every third year thereafter with certificates of completion, the court’s public list of attorneys, and 20 days from the mailing of a notice that the attorney will be decertified to submit evidence (13(C)); and counsel’s rights (Family Code sections 3111, 3151, 3151.5, 3153, Welfare and Institutions Code section 827) and duties under Family Code section 3151(a)-(b) and rule 5.242 - interviewing the child, reviewing the court files and records, further investigations, participating in the proceeding, and, if the child is called to testify, allowing the child to state a preference and advising the child about the court process (13(D)).
Rule 14 (subdivisions A to D): private counsel appointed for a minor in a guardianship or for a conservatee or proposed conservatee in a conservatorship an active member of the State Bar of California for at least three (3) years, with no disciplinary proceedings pending and no discipline imposed within the twelve (12) months before first availability, and covered by professional liability insurance of at least $100,000 per claim and $300,000 per year (14(A)); guardianship appointments for counsel who within the preceding five (5) years represented at least three (3) wards, three (3) children in juvenile court dependency or delinquency proceedings or three (3) children in custody proceedings under the Family Code, or who qualify under Local Rule 3 or under California Rules of Court, Rule 5.242 and Local Rule 13 (14(B)); conservatorship appointments for counsel who represented at least three (3) conservatees or proposed conservatees in probate or Lanterman-Petris-Short (LPS) conservatorships or completed any three (3) of the following five (5) tasks (14(B)); the court, with fewer than four (4) authorized judges, reserves the right to waive the qualification requirements (rule 7.1101(e)(1)) (14(B)); three (3) hours of education each calendar year which qualify for mandatory continuing legal education credit required for attorneys certified as specialists in estate planning, trust, and probate law, or the requirements of Local Rule 3 or Local Rule 13 for guardianships of the person only (14(C)); and certification of qualifications before eligibility and of continuing education before March 31st of each year on Judicial Council Form GC-010, submitted to the court but not filed or lodged in a case file (14(D)).
Chapter 17 (Rules 17.01 to 17.07): a private professional or licensed guardian or conservator may lodge the originals of the account statements of Probate Code section 2620, subdivision (c) (17.01); successor conservators and guardians to file an Inventory and Appraisal within 90 days of appointment (Probate Code §2610) (17.02); the court to assess fees for investigations in guardianship and conservatorship cases unless waived due to hardship (Probate Code sections 1851.5 or 1513.1), monthly payments on request, and payment remitted within thirty (30) days of receipt of the bill (17.03); the conservator to file a notice of the conservatee’s death with a copy of the death certificate within thirty (30) days and serve a copy on the Court Investigator’s Office, and to file a final accounting within sixty (60) days (17.04); all conservators, except corporate or institutional conservators, to obtain the Handbook for Conservators and, if available, view the online video “With Heart: Understanding Conservatorship” before Letters of Conservatorship are issued, and to submit the online verification form prior to the hearing (17.05); the petitioner to file an Order Appointing Court Investigator (form GC-330) with a Petition for Appointment of Conservator, and standing orders appointing the Amador County Court Investigator to conduct review and biennial review investigations (17.06); and all capacity declarations (Form GC 335) deemed confidential (17.07).
Chapter 3 (Rules 3.01 to 3.09): the chapter a guide to the conduct of all civil pretrial matters and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, 527.8, and 527.85, the Family Code, the Probate Code, and the Welfare and Institutions Code, trial and post-trial proceedings governed by Chapter Four (3.01); papers that comply with Rules 2.100 – 2.119, Rule 3.1110 and Rules 3.1112 – 3.1115 of the California Rules of Court, filed and served as required by Code of Civil Procedure §1005(b) - the Court counting back 16 court days and then the calendar days for the form of service - matters set on the next regularly-scheduled law & motion calendar after a declared court holiday, failure to serve and file opposition deemed a waiver of objections and an admission that the motion is meritorious, prior notice of non-appearance no later than two (2) days prior to the hearing date (two (2) court days when an out-of-county judge is assigned), the Court discourages reply briefs except with regard to motions for summary judgment, and tentative rulings the Court may establish in the future (3.02); ex parte matters in general civil law and motion proceedings governed by Rules 3.1200 - 3.1207 of the California Rules of Court, notice for other ex parte applications to all opposing counsel or unrepresented parties no later than 10:00 AM on the court day just prior to the ex parte appearance, the local form “Declaration re Notice” (Appendix 3) submitted with Family Code applications, petitions for temporary guardianship and petitions under Code of Civil Procedure §§527.6, 527.7, 527.8, or 527.85, moving papers served no later than 12:00 P.M. (noon) on the court day just prior to the hearing, proof of notice four (4) business hours prior, contested ex parte hearings at 1:30 P.M. daily upon prior approval and scheduled with the calendar clerk not later than 12:00 P.M. (noon) of the preceding court day, no application for ex parte relief by letter, the absolute duty to disclose a change of the status quo, an order shortening time only on a declaration demonstrating good cause, writs of attachment and possession, re-application after denial, stipulated judgments, and probate ex parte applications (3.03); an amendment to designate an incorrectly named party by the correct name obtained by ex parte application, an amended pleading preferred over an amendment, the Court’s discretion to strike the at-issue memorandum when a pleading is amended, and a dismissal order after a demurrer is sustained with leave to amend and no amended pleading is filed, by ex parte application without appearance (3.04); motions for summary judgment that must comply with Rule 3.1350 of the California Rules of Court and Code of Civil Procedure §437c, or be continued or denied without prejudice, and motions for summary adjudication beyond §437c(f) disregarded (3.05); a continuance of a law & motion hearing on the agreement of all counsel and parties, notice of it to the court calendar coordinator not later than 4:00 P.M., at least two (2) court days before the scheduled hearing, with a written notice confirming the agreement, notice of an extended hearing of more than fifteen (15) minutes to the court calendar coordinator by the close of the third court day prior to the hearing, evidence under Rule 3.1306, and remote appearances in non-evidentiary civil law & motion and probate hearings under Rules 3.670 and 3.672 and Local Rule 2.22 (3.06); except in family law matters, the prevailing party to prepare a proposed order within ten (10) calendar days of the ruling and submit it to the opposing party for approval as to form, the order sent to the Court after ten (10) days without approval or objection, the Court to hold orders without approval for five days, a disagreement over the accuracy of the order put to the Court by letter, no need to obtain approval from an unrepresented opposing party, and family law orders governed by Rule 5.125 (3.07); any document presented after an Announcement of Tentative Decision or Statement of Intended Decision delivered with the file to the judge (3.08); and briefs on writ petitions not to exceed thirty-five (35) pages, reply briefs 20 pages, briefs over 15 pages with a table of contents, table of authorities and an opening summary of argument, the record for administrative or traditional mandamus on double-sided, consecutively numbered pages in a three-ring binder, and petitions served in the same manner as a summons and complaint (3.09).
Chapter 9 (Rules 9.01 to 9.29): the caption of a probate document not on a Judicial Council form to include a reference to the statutory provision (9.01); every pleading that requires a hearing set on the regular calendar, the party who files it may select the initial hearing date, a matter not ready continued and, at any second continuance, ordered off-calendar or denied without prejudice, and written objections filed and served at least ten (10) days prior to a continued hearing (9.02); documents in support filed no later than five (5) court days before the hearing (9.03); notice the responsibility of the petitioner, a copy of the petition served on a person requesting special notice and for extraordinary fees, notice not shortened to less than ten (10) days, and the party who requests posting to do so in writing (9.05); orders and decrees complete in themselves with the judicial signature at the end in the following format, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain, ex parte applications under Local Rule 3.03 with a separate proposed order and a special notice allegation, and nunc pro tunc correction of clerical errors (9.06); special letters on notice, notice to the Public Administrator, the petition’s allegations about heirs and beneficiaries, subsequent wills by amended or second petition, proof of holographic and formal wills (Judicial Council form DE-131), and the posted bond in every interim account (9.07); the petitioner or attorney appearing at a hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions deemed submitted without an appearance (9.08); the Court to hear contested matters at the dates and times it deems appropriate (9.09); family allowance orders limited to six months without an inventory and appraisal and one year with one, and an itemized estimate of monthly expenses for an allowance in excess of $1,000 per month (9.10); proposed Letters complete in every aspect with independent powers stated, and re-issuance of original Letters discouraged (9.11); the matters required in a petition for final distribution - the assets, each heir’s entitlement, the computation of fees and commissions, taxes, costs, claims, separate and community property, the persons affected, compliance with Probate Code §9202 and §1064(a)(4) - unequal distributions, the terms of any testamentary trust set out in full, and distribution to a trust (9.12); accounts that comply with Probate Code §§1060 et seq. with the suggested form of summary of Appendix 6, waivers by competent adults, interim accounts supported by original statements verifying the balances, and vouchers not filed unless the Court orders them filed (9.13); a verified petition to establish the fact of death with the instrument and the death certificate, and no request for fees considered (9.14); a separate spousal property petition with the required allegations, the survivorship period, and attorney’s fees arranged between counsel and the petitioner (9.15); sales of real property - a reappraisal after one year, published notice of sale unless the will directs the sale, a sale in accordance with the terms of the notice, a sale made within 30 days prior to the petition (Probate Code §10308), a broker’s commission of not more than six (6) percent on residential real property, the attorney’s presence at confirmation, overbids, and a deposit of at least ten percent (10%) to bid (9.16); a specific sum requested for attorney fees (9.17); extraordinary fees and commissions measured by reasonableness and benefit, with a declaration of the services itemized by date, time and service rendered, and paralegals under Rule 7.703(e) (9.18); guardianship petitions referred for investigation under Probate Code Sections 1513 and 1513.1 with an additional copy for the agency, temporary guardians on ex parte application with a reconsideration hearing within 30 days, and general guardianship hearings six to eight (6-8) weeks after the petition is filed (9.19); a conservatorship petition with Judicial Council Form GC-330 and an extra copy for the Court Investigator (9.20); independent powers only on a showing that each is necessary and for the advantage of the estate, set forth in the Order, and in the Letters (9.21); bond under Prob.C §2320, which the Court may increase or decrease for good cause or dispense with under §2628(a) (9.22); each conservator’s acknowledgment of receipt of the conservator’s handbook on Judicial Council form GC-362 not later than five (5) days before the hearing, the Public Guardian and corporate fiduciaries not required to purchase the handbook (9.23); the guardianship estate not used for the ward’s maintenance where a parent is living, except upon a showing of financial inability (Judicial Council Form FL-150) (9.24); investments by guardians under the standard of Probate Code §16040(a) and the investments not approved (9.25); blocked accounts - federally insured, interest-bearing accounts, an initial deposit that must not exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) in a single depository, a receipt within 30 days, withdrawals only by court order on a verified application with the birth certificate and a statement of all deposits and withdrawals, the minor fourteen years of age or older to sign the petition, ex parte requests, and the parents’ ability, withdrawals for the purchase of a vehicle, medical expenses or reimbursement (9.26); accounts of guardians and conservators to conform to Appendix 6, a separate accounting for each ward, final accounts not waived unless the ward is present, notice of death to the Director of Health Services, and an order dispensing with accountings (9.27); notice of a change of the conservatee’s residence within thirty (30) days (9.28); and notice of the death of the ward or conservatee within thirty (30) days and a petition to terminate the estate, an estate valued at less than $60,000 disposed of under Probate Code Sections 13100 through 13111 (9.29).
Chapter 3 (Rules 3.1 to 3.9): routine ex parte applications, with no hearing required and no local form Application for Immediate Court Hearing and Order - applications on which all parties stipulate in writing, applications for waiver of court fees and costs, for appointment of a guardian ad litem to initiate an action or of counsel, a request for an order to show cause without temporary orders or to file documents which exceed page limits, an application for default judgment, a request for order shortening time in Family Code matters on the Judicial Council form, temporary restraining order applications under the Family Code or the Code of Civil Procedure on Judicial Council forms, and a petition for appointment of a temporary conservator by the Calaveras County Public Guardian or Director of Behavioral Health Services (3.1); extraordinary ex parte applications - all others - with the applicant's presence at the hearing required and the local form Application for Immediate Court Hearing and Order, to strictly comply with rules 3.1200 through 3.1207, Family Code §3064 or other statutory authority (3.1); the adequacy of an ex parte application determined on the papers, evidentiary facts on personal knowledge required, and applications for temporary relief with a proposed order filed no later than 12:00 p.m. at least one court day before the requested hearing (3.1); a separate Proof of Service of Summons (POS-010) for each defendant and cross-defendant (3.2); Law and Motion in limited and unlimited civil matters on Fridays at 9:00 a.m. in Department 2, matters limited to ten (10) minutes and a maximum of ten (10) matters on any Friday's calendar, the court to reschedule the hearing date once the maximum allotment has been reached, a matter that justifies a hearing lasting more than ten (10) minutes designated a short cause matter, evidence by written declaration, affidavit or request for judicial notice only, and matters not continued, even by stipulation, except upon approval by the court for good cause (3.3); motions served under the Code of Civil Procedure § 1005(b) timelines - five, ten, twelve or twenty calendar days for service by U.S. Mail, two calendar days for service by facsimile, email, express mail or overnight delivery, and thereafter sixteen (16) court days to the earliest law-and-motion hearing date (3.3); motions to be relieved as counsel on the Judicial Council forms under rule 3.1362, with a declaration identifying all matters calendared for hearing (3.3.1); default judgments by affidavit under rule 3.1800 and Code of Civil Procedure §585(d), the clerk to advise when personal testimony is required (3.3.2); attorney's fees in default actions of 25 percent of the first $1,000 (with a minimum fee of $150), 20 percent of the next $4,000, 15 percent of the next $5,000, 10 percent of the next $10,000, 5 percent of the next $30,000 and 2 percent of the amount over $50,000 (3.3.3); the prevailing party to prepare orders after hearing under rule 3.1312, unless otherwise directed (3.3.4); the court notified at the earliest opportunity of a motion for continuance on the short cause law and motion and order to show cause calendar (3.3.5); a matter with no appearance by the moving party at calendar call ordered off-calendar, all parties then re-noticed (3.3.6); the tentative ruling system on the Law and Motion calendar - tentative rulings available by 2:00 p.m. on the court day preceding the hearing on the court's website, the tentative ruling to become the ruling of the court unless a party desiring to be heard so advises the Court by 4:00 p.m. on the court day preceding the hearing, all other sides notified, by calling 209-754-6285 - and the language every notice of a law and motion matter must include (3.3.7); general civil cases in the Delay Reduction Program under Government Code §68600, the clerk to append at filing the Notice of Inclusion in Civil Case Delay Reduction Program and Setting Case Management Conference, the first conference set approximately 120 days from filing, the filing party and cross-complainants to serve the notice (3.4.1 to 3.4.4); each party to file and serve a Case Management Conference Statement (CM-110) not less than 15 calendar days before each conference, counsel and self-represented parties to attend when there is no tentative ruling or a party objects to it, and tentative rulings for conference hearings on the court's website and at the clerk's filing window (3.4.5); case management plans with disposition within 12, 18 and 24 months, cases initially assigned to Plan 1 (3.4.6); the jury deposit under Code of Civil Procedure §631, a failure to deposit advance jury fees to result in a waiver of trial by jury (3.4.7); motions on the Civil Law and Motion calendar, the Case Management Conference calendar not a Law and Motion calendar (3.4.8); no at-issue memorandum in any delay reduction case (3.4.9); sanctions for failure to comply - monetary sanctions, limitation of evidence and/or dismissal (3.4.10); at-issue general civil actions submitted to judicial arbitration if the amount in controversy will not exceed fifty thousand dollars ($50,000) for each plaintiff under Code of Civil Procedure § 1141.11(b) (3.5); a settlement conference set at least 15 days prior to the trial date (3.6.1); each plaintiff prepared to make a minimum request and each defendant a highest offer, the attorney responsible for the trial of the case to attend, and persons having full authority to settle present, the Court may allow them, only on a good cause application made prior to the conference, to be available telephonically (3.6.2); all counsel to submit to the court and serve on all parties, at least five court days prior to the conference, a Settlement Conference Statement not to exceed five pages, to conform with rule 3.1380, and the parties to have communicated their settlement requests and offers prior to the conference (3.6.3); participation in good faith (3.6.4); on a failure to appear by the parties seeking affirmative relief, the Court may order the trial date vacated, dismiss the action or impose monetary sanctions, a case where no party appears placed on the law and motion calendar for the purpose of being dismissed, and the date for obtaining a default judgment prior to the end of the track in which the case has been placed (3.6.5); a request to set an unlawful detainer for trial on form UD-150, the matter set on the Case Management Calendar within approximately 30 days if possession is no longer an issue, and for trial not more than 20 days from the request if possession is an issue, notice mailed by the clerk at least 10 days prior to trial (3.7); unlawful detainer trials on Tuesdays at 1:30 p.m. in Department 4 by a commissioner unless a written objection is filed at least five (5) court days prior to trial, the commissioner then to conduct the trial as a referee (3.7.1); remote appearances by counsel and unrepresented litigants in non-evidentiary law and motion, probate and case management hearings, with “Remote Appearance” below the title of the papers or Judicial Council forms RA-010 and RA-020 and the court's selected vendor, personal appearances required, unless prior permission is obtained through application and order of the court, in Family Law matters (except for Case Status Conferences), Welfare and Institutions Code matters, guardianship and conservatorship hearings, petitions under Code of Civil Procedure §§ 527.6, 527.7, 527.8 and Welfare and Institutions Code § 15657.03, Judgment Debtor examinations, Mandatory Settlement Conferences, hearings where oral testimony is taken or oral argument is anticipated to exceed 15 minutes, and minor's or incompetent persons compromises, the court reserves the right to reject any request for a remote appearance or to halt the hearing, and a failure to maintain an audible and clear connection considered a failure to appear (3.8); the civil mediation program repealed (3.9).
Chapter 4 (Rules 4.0 to 4.3): the Probate Calendar each Monday (Tuesday if Monday is a holiday) at 9:00 a.m., probate matters calendared a minimum of fifteen (15) calendar days after filing, and the Guardianship Calendar each Monday at 10:00 a.m. (4.0); all matters set for hearing by the Clerk upon the filing of the first petition, subsequent documents to bear the hearing date, notices requiring posting on a Judicial Council form of notice of hearing filed with the petition and posted in the lobby of the Court Information Center, and orders submitted with the petition, the hearing date stated in the order (4.0); court investigations upon the filing of each guardianship or conservatorship petition and at each accounting, charges assessed for each investigation under PrC § 1513.1 as a lien on the estate, waived filing fees recoverable from a guardian or conservator with the ability to reimburse the Court, due and payable prior to the issuance of letters, and a confidential report filed as a separate document with the word CONFIDENTIAL in the caption and verified (4.0); petitions which include a request for statutory attorney's fees to include a calculation of the fee (4.1); for the appointment of a guardian of a minor, the petitioner or the attorney for petitioner responsible for all required notices, each with a copy of the petition, a hearing no sooner than 30 days after filing (a minimum of 45 days where investigation is required under PrC § 1540), no ex parte appointment of a permanent guardian, an allegation whether the minor is a party to a civil action for monetary damages, the investigation and report on the required Order Appointing Investigator [YCSC PR03003.], and no guardianship of the person when the Family Law Court has jurisdiction over custody, adoption proceedings are pending or the minor is subject to the jurisdiction of the Juvenile Court (4.2); for the appointment of a conservator, the petitioner or the attorney for the petitioner mailing all required notices, a separate proceeding for each person for whom a conservator is sought, service at the county seat on relatives whose whereabouts are unknown only with a declaration of reasonable efforts to locate them, a hearing no sooner than 45 days after filing, a citation whose service is incomplete on the return date perfected only by an amended citation, and a petition for termination under PrC § 1860 set for hearing no sooner than 20 days after filing and granted only if the conservatee personally appears in court or is excused on a physician's affidavit or declaration (4.3).
Chapter 8 (Rules 8.00 to 8.32): the moving party to furnish copies of the notices to be posted, published or mailed by the clerk and envelopes addressed with postage prepaid (8.03); special letters of administration or temporary letters of guardianship or conservatorship considered only after a separate petition for probate or permanent letters is filed and a hearing date assigned, the petitioner to arrange a time for the ex parte hearing and give notice to the surviving spouse, nominated executor, proposed ward or conservatee and other persons, a declaration of the notice given, the urgency and necessity shown in an attachment, the petitioner and attorney to appear, and letters for a specified period of time (8.04); the original will lodged in support of the petition for probate, a typed copy of a holographic will and an English translation of a will in a foreign language, and a written declination to act signed by a named executor who declines (8.06, 8.08); the Court Commissioner or research attorney who may sit as a temporary judge on stipulation, a party who does not wish to stipulate, or parties who wish to argue, to notify the Court by the method stated on the court website and the other parties by 4:00 p.m. (8.10); probate matters the Court may refer to a volunteer mediation program (8.11); orders and judgments complete in themselves, all papers and the proposed order filed or lodged at least three (3) court days before the hearing, written objections filed at least three (3) court days before, and appearances as the tentative rulings indicate (8.13 to 8.16); petitions for instructions only for matters for which no other procedure is provided, and the matters which may be heard ex parte, including sale of securities, family allowance before inventory, appointment of a special administrator or a temporary conservator or guardian, increase in bond and preliminary distribution under Probate Code Section 11623 (8.17, 8.18); a family allowance ex parte before the inventory with the personal representative's consent and after it only on notice, its duration limited to six (6) months if no inventory has been filed and one (1) year if one has, with the applicant's income from sources outside the estate, separate property and monthly expenses (8.19); itemized billing statements for extraordinary commissions and fees and trustee's fees, no trustee's fees based solely on a percent of the trust estate's value (8.20); a noticed motion for approval of a creditor's claim filed by the personal representative unless it is for funeral and last illness expenses with proof of payment, the claims are less than $1,000, or all persons beneficially interested approve it in writing, and no specifically devised or bequeathed property encumbered or offered for sale without written consent or approval on fifteen (15) court days' notice (8.21, 8.22); the matters required in a petition for final distribution, including the assets with the assessor's parcel number, the entitlement of each heir or devisee, fees and commissions, claims, costs, taxes and interest-bearing accounts, and the required summary of account, its total charges and total credits to balance (8.23, 8.24); a written spousal property election under Probate Code Section 13502, and the Court posts probate tentative rulings on its website by 2:00 p.m. at least one (1) court day prior to the hearing, the parties to notify the opposing side if they intend to appear and the clerk by the method stated on the court website by 4:00 p.m. the court day preceding the hearing (8.25, 8.27); an extra copy to serve on the court investigator in conservatorships and guardianships, notice to the trustees and beneficiaries of a trust when a petition seeks to admit to probate a will containing distributions to a trust, a proof of subscribing witness where the attestation clause does not contain language stating that the testator “was not acting under duress, menace, fraud, or undue influence,” and probate, trust and estate cases in the Nevada City Branch assigned for all purposes to the judge whose regular assignment is in Department 6 (8.29 to 8.32).
The calendars by case type - civil, probate and conservatorship matters set on Mondays at 9:00 am (moved to Tuesday when a Monday is a holiday), family law matters on Mondays at 9:00 am, guardianship and adoption matters on Fridays at 8:30 a.m.; no call to reserve a date - the moving party chooses the day by case type, allowing enough time for service, and submits the moving documents with the filing fee or an application for waiver of court fees and costs; telephonic appearances at the hearings listed in California Rules of Court 3.670(c), arranged through CourtCall no later than three (3) days before the hearing.
Ex parte hearings by appointment only, arranged with the civil clerk - civil, family law without children, probate and conservatorship ex parte hearings at 8:30 a.m. Tuesday through Friday, family law with children and guardianship ex parte hearings at 1:30 pm Tuesday through Friday - with notice to all parties no later than 10:00 am the court day before (California Rules of Court 3.1203) and a filing fee for the ex parte hearing; continuances of law and motion matters and case management conferences by written stipulation with the continuance fee, received and signed by the court before the hearing, and of court and jury trials only by a properly noticed motion; the mandatory Notice of Settlement of Entire Case; no tentative rulings (California Rules of Court 3.1308) - appearances are necessary for law and motion hearings; fax filings only through a fax filing agency (California Rule of Court 2.303), marked "BY FAX"; copies at $.50 a page, certification $40.00, a $15.00 search fee per name; handwritten forms in blue or black ink.
The petition, filed with the Civil/Probate Clerk, triggers an investigation by Family Court Services - interviews, background checks of the proposed conservator, the proposed conservatee and the adults in the home, an inspection of the home and a report for the court, typically four weeks, at a fee of $50.00 per hour; a petition for Temporary Conservatorship filed with the petition in an emergency; the court's reviews six months and one year after the appointment and annually after that (Probate Code §1850), with an investigation annually for general and every two years for limited conservatorships; the Conservatorship Information Sheet sent about three months before the review hearing, completed and returned by the date requested.
The petition filed in the Civil Division and the hearing set by the clerk's office; the Guardianship Investigation Questionnaire completed and submitted by every proposed guardian at the time of filing; the investigation by Family Court Services when the petitioner is related to the minor and by Child Protective Services when not - interviews of the proposed guardian and of children over the age of five, background checks, an inspection of the home and a report for the judge, typically four to six weeks, at a fee of $50.00 per hour; a full investigation of all parties when a parent contests; a petition for Temporary Guardianship in an emergency; annual review hearings, the Guardianship Status Report and the child's most recent report card returned about three months before, the judge taking the matter off calendar or requiring the guardian's presence by minute order; interpreters at no cost in guardianships.
Department 42's procedures for remote appearance at trials: parties and witnesses may appear remotely at civil guardianship evidentiary hearings and trials by video through WebEx upon court order consistent with Code of Civil Procedure Section 367.75 and California Rule of Court, Rule 3.672; requests should be made by filing and serving a Notice of Remote Appearance (Judicial Council Form RA-010) and proposed Order Regarding Remote Appearance (Judicial Council Form RA-020) at the earliest opportunity; participants may appear remotely at criminal trials consistent with Penal Code Sections 977, 977.3 and 1043.5.
Section 15 (Rules 15.01 to 15.20): guardianship petitioners to serve all named respondents with a blank form GC-215, Objection to Petition for Appointment of Guardian, and file proof of service within sixty (60) days (15.01); the caption of a petition all-inclusive as to the order sought (15.02); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by them personally, not by the attorney unless CCP section 446(a) authorizes it (15.03); a copy of the petition served with each notice of hearing on a person requesting special notice, and on all interested parties where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810 (15.04); a proposed order for every petition, worded so that its general effect may be determined without reference to the petition (15.05); orders and affidavits of publication filed or lodged at least three court days before the hearing (15.06); an order for family allowance limited to six months without an inventory and appraisement and to one year with one, the court discourages requests for retroactive payment (15.08); ordinarily no more than 75% of the statutory compensation allowed before final distribution, the community property election, compensation for extraordinary services ordinarily not allowed before the final accounting has been approved, $750.00 reasonable compensation for a real property sale with a confirmation of sale hearing and a reasonable amount for the preparation of the federal estate tax return, and costs separately stated (15.09); a petition for final distribution to contain the assets on hand, each heir's entitlement, the computation of the fees and commissions, a statement on taxes, the schedule of claims, the terms of any testamentary trust in full, an itemization of costs, separate and community property, any assignment of interest, a distribution to a trust, a minor or an incompetent (15.10); in accounts the original Summary of Account and Detailed Schedules filed, the supporting documents, including every account statement, lodged in a guardianship or conservatorship, within 90 days of the close of the accounting period (15.11); a verified petition to establish the fact of death with the instrument and the death certificate attached, and no request for attorney fees (15.12); a hearing date no later than one month after the anniversary date of every order appointing a guardian, the clerk to mail form GC-251, no appearance if the report is filed (15.14); probate and guardianship tentative rulings posted on the court's website (15.15); attorney fees in guardianships, conservatorships and trusts - a written contract when the expenses will exceed $1,000.00, customary Shasta County hourly rates without one, fees denied or reduced for services not performed in an efficient, timely or competent manner - the compensation of guardians, conservators and their attorneys under CRC Rules 7.751, 7.702 and 7.756, and the compensation of trustees and their attorneys as provided in the governing instrument (15.17); an extra copy of every petition to appoint a guardian or conservator for the Court Investigator, and the court investigation fee of the court's fee schedule collected at filing in a guardianship with a relative as proposed guardian (15.18); no direct fax filings, filings through a fax filing agency (15.19); the conservator to notify the court within ninety (90) days of the death of the conservatee and to file a final account of the estate (15.20).
At the North Butte County Courthouse facility (1775 Concord Avenue, Chico), mediation in child custody and visitation cases where the parties have been unable to reach an agreement on a parenting plan, the court ordering the parties to complete the local mediation program before permanent custody orders, the appointment made at the clerk's desk following the court appearance; the Online Mediation Orientation (approximately 30 minutes) and the intake form completed before mediation; all mediation appointments conducted remotely using Zoom, the invitation emailed the Friday prior to the appointment, a current email address given to the Court Clerk; a quiet and private location, sessions of up to 1½ hours, no third parties unless directed by the judge or the counselor, recording prohibited, children not brought unless asked; the Mediation and CCRC Frequently Asked Questions, the Information Form For Custody And/Or Visitation Matters, and the Family Court Services Client Complaint Form; probate court investigations in conservatorship and guardianship cases.
Rule 12 (12.1 to 12.11): probate - documents for a hearing filed no later than seven (7) calendar days before it, final distribution hearings set one (1) year from the appointment of a personal representative with a status update when the petition cannot be filed, the hearing's time and date under the caption, current Judicial Council forms, proposed orders and the procedure for ex parte matters (12.1); the personal representative's bond - ordinarily a $10,000 minimum, the methods of reducing it, blocked accounts and the bond filed within 10 (ten) calendar days after the appointment (12.2); sales of real property - appraisal within one year, offers of at least 90 percent (90%) of the appraised value, brokers' commissions, the ten percent (10%) deposit and overbids, notices, confirmation hearings and exclusive listings, and sales of securities (12.3); compensation of personal representatives and their attorneys (12.4); spousal and community property petitions (12.6); preliminary and final distribution (12.7); final discharge (12.8); conservatorships (12.10); and guardianships (12.11).