A lot of people know there are codes. That is the written rules of law that, in California, the legislature has given us.  Some people know there also is case law which is laws created by interpretations of the cases that are heard in our state.  Did you know there are also LOCAL RULES? Here are the Sacramento county PROBATE COURT local rules for your information:

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CHAPTER 15 – PROBATE

PART ONE. General

15.00 Probate Calendar.

(A) The probate department calendars are heard in the department(s) designated by the Presiding Judge.

(Amended effective 1/1/10)

(B) Probate matters, including all probate law and motion matters, will be calendared as provided in the

calendaring policy, located on the court’s internet web site at http://www.saccourt.ca.gov, which may be modified

from time to time. This policy, copies of which are also available from the Probate Unit, provides minimum time for

setting. The Probate Examiner Staff may authorize shorter settings.

(Amended effective 1/1/11)

(C) Probate calendar notes identifying deficiencies will be posted in the hall outside Department 129 and online

at http://www.saccourt.ca.gov 10 to 12 calendar days before the date of hearing. Attorneys and parties not

represented by counsel must respond and clear calendar notes in advance of the hearing date and clear all

deficiencies in the form provided pursuant to Local Rule 15.04.5. Attorneys and parties not represented by

counsel should periodically check for updated information as notes may be amended prior to the hearing date.

(Amended effective 1/1/11)

(D) LPS matters, and all other matters involving the Public Defender and County Counsel, shall be heard only on

a day designated by the court.

(Amended effective 1/1/10)

15.00.1 (deleted effective 1/1/10)

15.01 (deleted effective 1/1/09)

15.02 Form of Papers Presented for Filing.

(A) Accounts and descriptions of assets may be single spaced within each item.

(Renumbered effective 1/1/10)

(B) When filing any document the parties shall furnish the court with one original which is unbound and

clipped or rubber banded and one copy in a format pursuant to California Rules of Court, rule 3.1110. This

section shall not apply to any motion or petition filed pursuant to California Rules of Court, rule 3.1114.

(Renumbered and Amended effective 1/1/10)

(C) At the time the Petition for Guardianship is set for hearing, an original and three copies of the documents

listed on the court’s local Guardianship Check-off Sheet located on the Sacramento Superior Court’s internet website

(http://www.saccourt.ca.gov) are required.

(Added effective 1/1/10)

15.02.5 (deleted effective 1/1/10)

15.02.6 (deleted effective 1/1/09)

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15.03 (deleted effective 1/1/09)

15.04 Preparing for Hearing.

(A) All papers and documents pertaining to calendared probate matters, including additional and supplemental

documents, must be filed no later than three court days prior to the scheduled hearing date. For example, a

Wednesday court hearing requires filing documents by the previous Friday at 4:30 p.m.; a Thursday court hearing

requires filing documents by the previous Monday at 4:30 p.m.; and a Friday court hearing requires filing the

documents by the previous Tuesday at 4:30 p.m.

(Amended effective 1/1/09)

(B) All deficiencies stated in the probate calendar notes must be cleared at least three court days prior to hearing.

This is so even if counsel or a party believes the deficiency does not exist. If the calendar notes show a deficiency or

raise a question, it is the responsibility of the party or the attorney to address that particular matter with Probate

Examiner Staff at least three court days prior to hearing. This rule is subject to strict enforcement.

(Amended effective 1/1/10)

(C) If deficiencies still exist when the case is called, the court may either drop or continue the matter.

(Added effective 1/1/97)

(D) Continuances are strongly disfavored.

(Added effective 1/1/97)

15.04.5 Form for Written Response to Probate Calendar Notes.

(A) Written response to probate calendar notes must be presented in pleading format consistent with the

requirements of the Code of Civil Procedure and California Rules of Court and be captioned “Response to Calendar

Notes.”

(Amended effective 1/1/11)

(B) The response must list each calendar note. The response to each note must be written in paragraph form

directly below the corresponding calendar note.

(Amended effective 1/1/09)

(C) If a deficiency requires proof of a filed document, an endorsed copy must be attached as an exhibit to the

response.

(D) The response must be signed and verified pursuant to Probate Code section(s) 1020 through 1023.

(Amended effective 1/1/10)

(E) Application of this rule in the case of petition for appointment of guardian of the person is optional.

(Added effective 1/1/11)

15.05 Objections.

A request for affirmative relief, other than a request for surcharge on an account, must not be included in an

objection to matters on calendar and must not be considered except upon filing a separate petition, calendared for

hearing and noticed as required by law.

(Amended effective 7/1/05)

15.06 (deleted effective 1/1/09)

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15.07 Assignment of Probate Referee.

A probate referee will be assigned on a rotational basis from the panel of probate referees. In the event separate

proceedings are filed for related wards or conservatees of the estate, the court will permit an exception to this rule

upon proper showing.

(Amended effective 1/1/10)

15.08 Calendar Matters Recommended for Approval.

Matters that are Recommended for Approval (R.F.A.) by the Probate Examiner Staff on the posted probate calendar

notes will be considered submitted if there is no appearance by counsel. However, if an interested person appears

and objects and the court determines that appearance by counsel is necessary, the matter may be continued.

(Amended effective 1/1/11)

15.09 Matters not Heard in Probate Department.

All petitions in probate matters to be set for hearing and all papers filed in cases not heard in the Probate Department

must be filed with the Probate Unit.

(Amended effective 1/1/10)

15.10 Contested Matters.

(A) Contested matters may, in the discretion of the court, be resolved on the morning calendar, set for Alternative

Dispute Resolution (ADR), or be set for trial.

(Amended effective 7/1/02)

(B) Upon filing a written objection, the contestant must serve on all parties a copy of the objections along with

blank copies of the Alternative Dispute Resolution Certification and Selection Form (local form) and the Stipulation to

Alternative Dispute Resolution (local form). A Proof of Service (local form is available) must be completed and filed

with the court.

(Amended effective 1/1/10)

(C) All parties in a contested matter who make an appearance must complete the Alternative Dispute Resolution

Certification and Selection Form, file the original with the court, serve copies on all parties, and file a Proof of Service

with the court prior to the hearing.

(Amended effective 1/1/10)

(D) All law and motion matters pertaining to probate proceedings will be heard by the Probate Department and

are subject to the calendaring policies and calendar note provisions of this chapter, rather than receiving tentative

rulings as provided for matters heard in the Civil Law and Motion Departments.

(Amended effective 1/1/10)

15.10.4 Setting Contested Probate Trials.

(A) Before requesting that a contested matter be set for trial, the parties must participate in good faith in an

alternative dispute resolution process (ADR). The matter will remain on the court calendar pending the outcome of the

ADR process.

(Amended effective 1/1/10)

(B) Upon receipt of a written or oral request that the contested matter be set for trial, the court will set a trial date

and Mandatory Settlement Conference date. The Probate Department will provide the parties who are present with a

written copy of the Settlement Conference Procedures set forth in Rule 15.10.7. The Mandatory Settlement

Conference Procedures may be waived at the discretion of the court. Unless waived, the Mandatory Settlement

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Conference Procedures must be completed prior to trial.

(Amended effective 1/1/10)

15.10.5 Settlement Conferences.

(A) Parties must participate in a settlement conference as ordered by the court. A settlement conference

must be scheduled by the Probate Department following the court’s order.

(Amended effective 1/1/11)

(B) If any counsel or party subject to this rule fails to comply with this rule, the court on motion of a party or on

its own motion, may strike all or part of any pleading of that party, dismiss the action or proceeding or any part

thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as

otherwise provided by law, and may order the offending party or their counsel to pay to the moving party the

reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed

under this rule without prior notice to, and an opportunity to be heard by, the party against whom the penalty is

sought to be imposed.

(Amended effective 1/1/09)

(C) Settlement Conference Statements

(1) Prior to the scheduled settlement conference, and within the time required by California Rules

of Court each party must insure that the original Settlement Conference Statement is submitted to the clerk of

Department 128 and a copy is served on all other parties. The Settlement Conference Statement must not be

made part of the court’s file, except for good cause.

(2) The parties may not stipulate to waive the requirement of filing a Settlement Conference

Statement.

(Amended effective 1/1/09)

(D) Settlement conferences will be conducted in Department 128 on the second floor of the William R.

Ridgeway Family Relations Courthouse unless otherwise ordered by the court. Counsel/party(ies) must meet

and confer before the date of the settlement conference in a reasonable attempt to resolve the disputed issues.

(Amended effective 1/1/09)

(E) Excuses from Attendance; Telephone Availability:

(1) Any request to the court to excuse attendance of any person whose attendance is required by

California Rules of Court must be submitted to the clerk in Department 128 not less than five court days before

the date set for the settlement conference. The request shall be made, in writing after service of a copy of the

request on every other party. Submission of said request, or the granting of said request, does not excuse any

party from the requirement to file a Settlement Conference Statement in conformity with the California Rules of

Court and these Local Rules.

(2) Any person whose presence at a settlement conference is required by these rules may be

excused by the court for good cause shown but, if so excused, shall be and remain immediately available for

telephone communication with counsel and the court at the time set for and throughout the settlement

conference.

(3) Any person whose presence at the settlement conference is required by California Rules of

Court must appear at the settlement conference unless their request to be excused is granted by the court.

(Amended effective 1/1/09)

(F) Counsel and the parties must participate in good faith in the settlement conference until released by

the settlement temporary judge or judges or until the settlement temporary judge or judges confirm the trial

hearing date. Failure to participate in good faith in the settlement conference may be a basis for the imposition

of sanctions or changes in the calendar status of the action.

(Amended effective 1/1/09)

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(G) If the matter is settled before the date of a settlement conference, attorneys or parties not represented

by counsel must immediately notify the clerk in Department 128 within 24 hours of the settlement. Failure to

report a settlement as required by this rule may result in the imposition of monetary sanctions by the court.

(Amended effective 1/1/09)

15.10.6 Settlement of Contested Matters.

(A) If the parties have settled the contested matters relating to petitions pending before the court prior to

the trial date, the trial must be vacated and the date set for trial must be treated as a status hearing regarding

final disposition of all petitions pending before the court.

(B) The petitioner(s) and contestant(s) must personally appear or appear by counsel and present to the court

the status of each matter pending on the court’s calendar.

(C) The court must determine what matters pending can be disposed of at that time and what matters require a

continuance on the probate calendar due to deficiencies, need for the filed written settlement agreement, or other

good cause determined by the court.

(Amended effective 7/1/05)

15.10.7 Trial Procedures.

(A) Not less than three court days prior to trial, the contesting parties must submit the following at the Probate

Unit:

(1) File and serve on all parties a trial statement setting forth each issue in dispute, and the legal and

factual basis in support of the party’s contention as to each disputed issue;

(2) File and serve all motions in limine and other pretrial motions.

(3) File written confirmation that each of the contesting parties has exchanged copies of all exhibits

which may be offered in evidence, except exhibits that will be used for rebuttal or impeachment.

(Amended effective 1/1/10)

(B) On the day of trial:

(1) Immediately prior to the commencement of trial, pre-mark and submit all exhibits and submit a list of

all exhibits to the Probate Department except for exhibits that may be used for rebuttal or impeachment.

(a) Petitioner’s exhibits must be marked

numerically

.

(b) Respondent’s exhibits must be marked

 

 

alphabetically

.

(c) All other exhibits must be listed without numeric or alphabetic designation.

 

(2) Provide a list of all exhibits that will be entered into evidence by stipulation.

 

(3) Identify in writing all facts to which a stipulation will be entered.

 

(Amended effective 1/1/10)

 

(C) Relief from Rules

 

Relief from the operation of these rules relating to contested trials may be had in appropriate cases but only on

 

motion for good cause shown. The parties may not stipulate to waive the requirements of these rules. Failure to

 

comply with said rules may result in the issuance of sanctions as requested by the other side, or as ordered by the

 

court as permitted by law.

 

(Added effective 1/1/10)

 

 

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15.10.8 (deleted effective 1/1/10)

15.11 Preparation of Orders.

(A) The caption of all orders or judgments must include the department, date and time of hearing.

(Amended effective 7/1/05)

(B) All proposed orders or judgments must be presented to the clerk no later than three court days prior to

hearing. This will allow them to be checked against the probate calendar notes.

(Amended effective 1/1/11)

(C) When a petition is granted subject to receipt of certain documents, counsel must present the appropriate

documents together with the order to the Probate Unit.

(Amended effective 1/1/10)

15.12 Waiver of Rule.

For good cause shown, the court in probate proceedings may waive the application of any local rule in a particular

case.

(Effective 1/1/94)

15.13 (deleted effective 1/1/10)

PART TWO. Notices

15.14 Preparation of Notices.

(A) All notices required by the Probate Code to be given by the clerk shall be prepared by the party.

(Amended effective 1/1/10)

(B) All notices required to be published (except the notice required by Probate Code section 8120) must be

captioned with the words “Notice of Hearing” followed by the general nature of the petition.

(Amended effective 1/1/10)

(C) When a clerk’s posted notice is required, a completed Judicial Council form of Notice of Hearing together

with all necessary copies shall be presented concurrently with the petition.

(Amended effective 1/1/97)

15.15 Probate Hearing Once Noticed cannot be advanced; Procedure for Dropping and Resetting a Matter

for Hearing.

(A) When a hearing on a probate matter has been noticed, or when it has been noticed and continued to a

definite date, the matter cannot be heard before the date set, regardless of the filing of a new petition, an amended

petition, a new notice, or otherwise.

(B) When a matter on calendar is to be dropped and then reset, the petitioner must request in writing that the

current setting be dropped (specifying the date and time of the setting); this request must be provided directly to the

clerk of the probate department; a copy of the request and a copy of the first page of the petition must then be

provided to the Probate Unit to reset the matter.

(Amended effective 1/1/10)

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15.16 Requirements for Giving Notice of Probate of Will.

The notice of hearing of a petition for probate of will is sufficient notice respecting all instruments which are offered

for probate in the petition for which the notice of hearing is given. If any other instruments, e.g., alleged wills or

codicils not mentioned in the petition, are presented to the court by way of an amended petition, a second petition, or

otherwise, a new notice thereon must be given setting a date of hearing not earlier than the date set in the original

notice.

(Effective 1/1/94)

15.17 Procedural Requirements for Substituted Service.

(A) Where personal service is required by the Probate Code or these rules, substituted service may only be

used with the court’s prior approval.

(Renumbered effective 1/1/04)

(B) Substituted service by publication will not be authorized by the court until an affidavit or declaration of the

failure of attempted service by other methods of substituted service has been filed.

(Renumbered effective 1/1/04)

15.18 Additional Notice in Court’s Discretion.

Under the provisions of section 1202, the court may require additional notice in any matter. Ordinarily, such notice

will be required whenever it appears that the interest of any person may be adversely affected by the determination

of the issue raised by the pleading.

(Effective 1/1/94)

15.19 (Reserved)

15.20 Identify Persons to Receive Notice.

In all petitions, the names and addresses of the persons entitled to notice must be set forth along with the status

entitling the person to notice (e.g., “heir,” “beneficiary,” or “filed request for special notice”).

(Amended effective 7/1/05)

PART THREE. Appointment of Executors and Administrators

15.21 Special Letters, Notice, and Appointment.

(A) A petition for special letters of administration ordinarily will not be granted without 15 days notice to the

surviving spouse, the person nominated as executor, and any other person the court determines to be equitably

entitled to notice.

(Amended effective 1/1/97)

(B) In appointing a special administrator, preference will be given to the person entitled to letters testamentary or

of administration. If it appears that a bona fide contest exists between these persons, the court will consider the

appointment of a neutral party as special administrator.

(C) A petition for special letters of administration must be presented separately from and must not be included in

a petition for general letters.

(Amended effective 7/1/05)

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(D) Neither general powers nor IAEA authority can be given to a special administrator, except at a hearing for

which notice has been mailed and published as provided in Section 8545.

(Added effective 1/1/97)

(E) If the petition for special administrator requests authority to defend suits or negotiate claims against the

estate, then the petition must pray for general powers, unless good cause is stated why notice to creditors pursuant

to Probate Code section 9050 will not be necessary.

(Amended effective 1/1/10)

15.22 (deleted effective 1/1/09)

15.23 (deleted effective 1/1/09)

15.24 (Reserved)

15.25 Waiver of Bond.

(A) When a verified petition for letters testamentary or of administration alleges that all beneficiaries or heirs have

waived bond and the petition requests appointment without bond, such waivers shall be in writing and filed prior to the

hearing on the petition.

(B) Personal representatives who are not California residents will be required to post bond unless (1) bond is

waived by the beneficiaries or (2) bond is waived in the will and it appears from the face of the will that the testator was

aware at the time that the nominee did not reside in California.

(Amended effective 1/1/10)

15.26 Deposit of Personal Property for Reduction of Bond.

(A) When an order restricting withdrawals and reducing bond is obtained under Probate Code section 8483, a

receipt of the depository acknowledging the restrictions on withdrawal, without liability disclaimers, must be filed

within 10 days of the order or if the property to be deposited is not then in the possession of the fiduciary, within 10

days of receipt of the property by the fiduciary.

(Amended effective 1/1/10)

(B) The court may order that the funds must be deposited directly into the blocked account without otherwise

coming into possession of the fiduciary, and continue the matter on calendar for filing of the receipt of the depository,

Judicial Council Form MC-356.

(Amended effective 1/1/10)

15.27 Distribution of Property Held by Depository.

Unless the judgment distributing cash or other personal property held pursuant to section 8483 or section 9701

directs the depository to pay the funds or distribute the property so held to the distributees, additional bond to comply

with section 8480 must be furnished.

(Effective 1/1/94)

15.28 Multiple Representatives.

When multiple representatives are appointed by an order which directs that “letters shall issue to them,” the clerk will

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not allow less than all to qualify.

(Effective 1/1/94)

15.29 Proof of Wills by Affidavit or Declaration.

(A) Proof as to the admissibility of each testamentary document must be submitted; except that in the event

there is a codicil which expressly republishes the will, proof of the execution of the codicil is deemed sufficient.

(Amended effective 1/1/97)

(B) The copy of the will attached to the proof of subscribing witness must be certified by the attorney of record.

(Amended effective 1/1/97)

15.30 (deleted effective 1/1/09)

15.31 Admission of Will or Codicil Containing Deletions and/or Interlineations.

A petition for probate of a will and/or codicil which includes deletions and/or interlineations must include a request for

determination of the validity of said deletions and/or interlineations and include any documentary evidence in support

of the petitioner’s position.

(Amended effective 7/1/05)

In addition to mailing a Notice of Petition to Administer the Estate, the petitioner must cause notice by mail of a copy

of the petition and all supporting documents at least 15 days prior to the hearing to all persons requiring notice

pursuant to Probate Code section 8110 and to all persons affected by the deletions and/or interlineations.

(Amended effective 1/1/10)

15.32 Listing Heirs, Devisees, Executors, and Fiduciaries in Petitions.

Petitions for letters testamentary or of administration must include a list of the names of the following persons:

(A) All named executors, including alternate executors;

(B) All heirs and devisees, including:

(1) Deceased and contingent devisees except those contingent devisees whose interests have been

clearly precluded by survivorship provisions in the will.

(2) Devisees must be listed even if the interests of such persons appear to have been revoked by a

subsequent codicil.

(3) Persons who are potentially intestate heirs under Probate Code sections 6402.5, 6454 and 21110.

This includes persons whose interests are dependent on characterization of property as community or separate.

(Amended effective 1/1/10)

(C) Fiduciaries named in a will or codicil presented for probate, including all nominees as trustee, guardian, or

alternates thereof.

(Effective 1/1/94)

(D) Persons nominated to act as personal representative.

(Added effective 1/1/97)

(E) The proposed personal representative.

(Added effective 7/1/02)

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15.33 Age, Address, and Relationship.

The petition must also include the following with respect to persons to be noticed in the petition.

(Amended effective 1/1/10)

(A) The address, including the residence number, street, city, state, and zip code, or post office box number

customarily used for residence mailing purposes.

(B) The relationship of the person to the decedent.

(C) The age of the person; except that a person over the age of 18 may simply be designated as an adult unless

the person’s age is relevant to the person’s interest in the estate.

(Amended effective 7/1/05)

15.34 Noticing Persons Listed in Petitions for Administration.

All living persons named pursuant to Local Rule 15.32 must be given notice of the petition for letters of administration

or letters testamentary.

(Amended effective 1/1/10)

15.35 Lost Wills.

(A) Notice mailed for a petition to admit a lost will shall include recognition that the will is lost.

(Added effective 1/1/97)

(B) A copy of the lost will must be attached to the order admitting the will to probate.

(Amended effective 7/1/05)

15.36 Information Required of Personal Representatives Upon Acknowledgement of Duties.

The driver’s license number and date of birth of personal representatives (other than public officers or trust

companies) must be provided in the confidential supplement to the duties and liabilities required by Probate Code

section 8404. This information must be kept confidential and must not be made available for public inspection

without a court order.

(Amended effective 1/1/10)

PART FOUR. Motions, Petitions, and Orders

15.37 Allegation of Existence of Heirs.

In any petition, other than Judicial Council form petitions, that requires notice to heirs at law, the petition must allege

the existence of heirs in the same manner as set forth in paragraphs 6, 7 and 8 of the Judicial Council form DE-111,

Petition for Probate (as revised January 1, 2005).

(Added effective 7/1/05)

15.38 (Reserved)

15.39 (Reserved)

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103

15.40 Orders to Be Complete in Themselves.

(A) All orders and judgments in probate matters must be complete in themselves.

(Amended effective 1/1/97)

(B) All orders issued by the court, must set forth the names of persons and descriptions of property (including

assessor’s parcel number and specific legal description), amounts of money affected, the terms of trusts, and the

provisions of leases or other agreements.

(Amended effective 1/1/10)

(C) In addition to the requirements of California Rule of Court, Probate Rule 7.650(b), the names of current

beneficiaries of the trust, along with their dates of birth if distributions are conditioned upon the beneficiaries having

attained certain ages, must be included in the order.

(Amended effective 7/1/05)

15.41 (deleted effective 1/1/10)

15.42 Petitions for Family Allowance.

 

(Heading Amended effective 1/1/10)

The person seeking an allowance must set forth such person’s income from sources outside the estate, as well as an

 

itemization of the applicant’s separate property and monthly expenses, and shall make an appropriate showing of the

 

assets and liabilities of the estate.

 

A petition seeking an allowance must set forth the income from sources outside the estate available to the person

 

for whom the allowance is sought, as well as an itemization of that person’s separate property and monthly

 

expenses. If the petition is not filed by the personal representative, prior to the hearing on the petition, the

 

personal representative shall file a declaration setting forth the current assets and liabilities of the estate.

 

(Amended effective 1/1/11)

 

15.43 Withdrawal of Attorney of Record.

(A) Upon a motion to withdraw as attorney of record for a guardian, conservator, or personal representative, the

attorney must cause a citation to be issued and personally served at least 15 days prior to the hearing, directing the

client to appear at the hearing.

(B) Motions for withdrawal of the attorney made on the basis of noncooperation with the personal

representative, conservator, or guardian require service of the Notice of Hearing and Petition by mail as follows:

(1) In decedent’s estate proceedings, 15 days by mail to all heirs and devisees and to all persons

having requested special notice;

(2) In conservatorship or guardianship proceedings, 15 days by mail to all persons who were required

to be noticed in the petition for appointment and to all persons having requested special notice.

(C) When an attorney withdraws as attorney of record for the personal representative, by a substitution leaving

the personal representative in pro per, the attorney must mail a copy of the substitution to all beneficiaries of the

estate.

(Added effective 1/1/10)

15.44 Escheat Petitions.

(A) A genealogy chart must be attached to the petition showing the relationship of the claimant to the decedent

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and all heirs of the decedent.

(B) A copy of the decree of distribution must be attached to the petition.

(C) All documentary evidence in support of the petition must be on file at the time the matter is calendared for

hearing.

(Amended effective 1/1/99)

15.45 Lodging Original Will and Proof in Summary Proceedings.

(A) In any proceedings pursuant to Probate Code sections 13150, 13200, and 13650, wherein the successor in

interest is determined by a will, the court will require proof that the original will has been filed with the Probate Unit

(Probate Code section 8200).

(Amended effective 1/1/10)

(B) Proof of the will in the above proceedings must be submitted in conformance with the requirements of

Probate Code sections 8220 et seq.

(Amended effective 1/1/10)

15.46 Character of Property and Transmutation in Summary Proceedings.

In any summary proceeding under Probate Code sections 13150, 13200, or 13650 where the court is to consider or

determine the character of property as community or separate, the petition must set forth the form of record title and

character of ownership at all relevant times. If there is an alleged transmutation of ownership interests based on a

written document, a copy of the document must be filed with the petition.

(Amended effective 1/1/10)

15.46.5 Evidence of Record Title in Proceedings under Probate Code Sections 850 Et. Seq. and Sections

17200 Et. Seq.

In a proceeding to determine ownership of property under Probate Code sections 850 et. seq. or sections 17200 et.

seq., the petition must set forth the form of record title and character of ownership at all relevant times. If the form of

record title is based on a written document, a copy of the document must be filed with the petition.

(Amended effective 7/1/05)

15.46.6 Production of Estate Planning Documents in Proceedings Pursuant to Probate Code Sections 2580

or 3100.

(A) If a petition under Probate Code sections 2580 or 3100 seeks to provide gifts or otherwise affect the estate

planning of the conservatee or incapacitated spouse, said petition must include one copy of all estate planning

documents unless the petitioner obtains an order to deliver the documents to a custodian pursuant to Probate Code

section 2586(d).

(Amended effective 1/1/10)

(B) If the petitioner does not have possession of the estate planning documents, the petition must include a

statement of the name, address and telephone number of the person(s) having possession of said documents to

enable the court to issue an order for delivery of the documents pursuant to Probate Code section 2586(b).

(Amended effective 1/1/10)

(C) Estate planning documents subject to subsection (A) must be enclosed in an envelope or suitable container

for delivery to the court. The party submitting the documents must affix a cover sheet to the envelope or container

entitled, “Estate Planning Documents of (name) For

In Camera

Review Pursuant to Probate Code section 2586”

 

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105

stating: (1) the caption of the case and (2) the date, time and department of the hearing.

(Amended effective 1/1/10)

(D) Upon receipt of the documents in compliance with this rule, the Probate Unit must affix a stamp to the cover

sheet recording the date of receipt.

(E) Upon conclusion of the proceedings, the documents must be returned to the party who submitted them.

(Added effective 7/1/05)

15.47 Continuances.

(A) The first continuance ordinarily will be granted to the moving party without an appearance, by telephone

request to the Probate Department if the request is made three days prior to the hearing. The moving party must

state that the moving party has complied with subsection (B). Subsequent continuances will be granted only upon

good cause and will ordinarily require an appearance.

(Amended effective 1/1/10)

(B) A party requesting a continuance must have notified all parties who have requested special notice, or

expressed opposition, of the intent to request a continuance. A continuance will not be granted by telephone if

anyone entitled to notice objects to the continuance.

(Amended effective 7/1/05)

15.48 Formal Orders.

The proposed formal order for a noticed hearing must be presented to the Probate Department three court days prior

to the hearing. Orders not so presented may not be signed at the time of the hearing.

(Amended effective 1/1/10)

PART FIVE. Creditors’ Claims

15.49 Claims of Executors and Administrators for Personal Services.

Where the claim is for $1,000, or more, the claim of a personal representative, based on personal services rendered

to the decedent, will not be approved by the court until a hearing has been held. Notice of hearing must be given to

all affected beneficiaries and persons who have requested special notice in the time provided in Probate Code 1220.

(Amended effective 1/1/11)

15.50 Approval of Funeral Claims.

(A) Funeral expenses (including the cost of interment, interment plot, endowment care, and a suitable monument)

proportionate to the value of the decedent’s assets, and in keeping with the standard of living adopted by the decedent

prior to his or her death, or as provided in the will, will be approved by the court. The burden of proof as to the

reasonableness of the claim for funeral expenses is on the personal representative.

(Amended effective 7/1/05)

(B) Interest on funeral and interment creditors’ claims will only be allowed as provided by Health and Safety

Code section 7101.

(Amended effective 1/1/97)

15.51 (deleted effective 1/1/11)

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15.52 Notice of Administration to Creditors.

If Notice of Administration of Estate is mailed to creditors, the original notice and proof of service must be filed with

the court.

(Added effective 1/1/06)

PART SIX. Sales

15.53 (deleted effective 1/1/97)

15.54 (deleted effective 1/1/97)

15.55 Broker’s Commission on Sale of Real Property.

(A) A petition for confirmation of sale of real property must allege whether the agent or broker directly or

indirectly is (1) the purchaser of the property or (2) has an interest in the purchaser. If so, compensation in

connection with the sale of the property will ordinarily be denied pursuant to Probate Code section 10160.5.

(Amended effective 7/1/05)

(B) Upon the confirmation of the sale of real property, a broker’s commission in excess of the amounts set forth in

the following schedule will not be allowed:

Improved property 6%

Unimproved property 10% on first $20,000.00

8% on the next $30,000.00

5% on amount over $50,000.00

(Renumbered effective 7/1/00)

15.56 (Reserved)

15.57 Notice and Hearing on Confirmation of Sale of Real Property.

(A) The notice of sale of real property should normally call for “cash or such credit terms and conditions as the

personal representative and the court may approve.”

(B) All terms and conditions of the sale must be set forth in the return of sale.

(C) Counsel must appear at all confirmation hearings.

(Amended effective 1/1/97)

15.58 Sale of Specifically Devised Property.

On a sale of specifically devised real or personal property, 15 days’ notice of the time and place of hearing of the

petition for confirmation must be given to the devisee, or his or her consent to such sale must be filed.

(Effective 1/1/94)

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15.59 (deleted effective 1/1/97)

PART SEVEN. Accounts, Fees, and Distribution

15.60 Accountings.

A petition for approval of an account must include a report affirmatively addressing subdivision (g) of section 1063

and subdivisions (a) and (b) of section 1064.

(Added effective 1/1/99)

15.61 Report on Claims.

In a report accompanying an account, or in a report where an accounting is waived, it is not sufficient to allege

merely that all claims have been paid. All information required by Probate Code section 10900 with respect to

liabilities of the estate must be set forth in full. The following information must be included:

(A) A list of the claims filed or presented showing as applicable:

(1) The name of the claimant;

(2) The amount claimed;

(3) The date that notice of administration was mailed to the claimant; and

(4) The dates that the claim was filed, allowed or rejected, and paid.

(B) The status or disposition of any lawsuits on rejected claims.

(C) Whether notice was mailed to known creditors within four months of the issuance of letters (Probate Code

section 9050), and the disposition of any known debts as to which the notice was not mailed.

(Amended effective 1/1/10)

(D) If creditors were paid without timely filed claims (section 9150), allegations whether written demand was made

within four months of the issuance of letters, the payment was made within 30 days after that period, the estate is

solvent, and the debt was justly due and paid in good faith for the true amount.

(E) Whether notice was required and given to the Director of Health Care Services, Franchise Tax Board and

Victims Compensation (Probate Code section 9202).

(Amended effective 1/1/10)

(F) If the report requests the court to determine that a late filed claim is barred, the petitioner must provide 15 days

mailed notice with a copy of the petition to the creditor.

(Added effective 1/1/11)

15.62 Waiver of Account (Decedents’ Estates).

The detailed accounting may be waived when all residuary beneficiaries and other distributees whose interests may

be affected by the account have waived the accounting. Such waiver must be in writing and filed with the court

either as part of the petition or separately.

(Amended effective 7/1/05)

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15.63 Independent Administration of Estates.

In addition to the requirements of California Rules of Court, rule 7.250, the Notice of Proposed Action with proof of

service, and any objections, consent and waiver, must be filed with the court.

(Added effective 1/1/06)

15.64 Apportionment of Statutory Compensation.

An allowance on account of statutory compensation will ordinarily not be granted until the judgment of final

distribution for an attorney who withdraws or for a personal representative who resigns or is removed.

(Amended effective 7/1/05)

15.65 Compensation for Extraordinary Services..

(A) In addition to the requirements of CRC 7.702, a petition for extraordinary services must include the date

each service is rendered.

(Amended effective 1/1/11)

(B) In every case where the combined extraordinary commissions and extraordinary attorney’s fees exceed

$1,000, the heirs or residuary devisees must be given notice of the amounts requested. Notice may be given by

mailing a copy of the petition or by including the amounts requested in the caption of the petition.

(Amended effective 1/1/11)

15.66 Fees or Commissions taken in Advance.

Commissions and fees in decedents’ estates, guardianships, and conservatorships must not be paid prior to court

authorization.

(Amended effective 7/1/05)

15.67 Costs.

The cost of unusual amounts of long distance telephone calls, photocopies, court filing, delivery, mileage traveled,

faxing, and postage, if properly itemized, shall be allowed as costs of administration.

(Amended effective 1/1/97)

15.68 Description of Property Distributed; Account for Withhold.

(A) The petition for distribution, as well as the judgment of distribution, must list and describe all property,

including the assessor’s parcel number and specific legal description of real property to be distributed. In case of

intestacy: 1) where the decedent leaves a surviving spouse, the petition shall allege whether the property is

community or separate; and 2) where distribution is to be made pursuant to Probate Code section 6402.5, the source

of the property must be alleged. The petition shall include the balance of cash on hand.

(Amended effective 1/1/10)

(B) A supplemental account must be presented if assets in excess of $5,000 are withheld from initial final

distribution, unless the account has been waived.

(Amended effective 1/1/11)

15.69 Petition to Include Proposed Distribution.

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(A) Details of the proposed distribution must be set forth either in the body of the petition or by attachment. Terms

of the will as to disposition of property and what is to be distributed under the laws of intestate succession must be set

forth. When the proposed distribution includes establishing a testamentary trust, the proposed terms must be fully

stated in the petition.

(Amended effective 7/1/05)

(B) Where an issue concerning distribution is presented, the petition must fully set forth that issue including

apparent alternative resolutions for the court’s consideration. Distribution issues include interpretation of the will,

issues of heirship or intestate succession, the applicability of Probate Code section 6204 (next of kin) or section

6402.5 (descent of property of predeceased spouse) and the validity of a testamentary trust or its provisions. The

caption and notice of hearing on the petition must include notice to affected persons that an issue concerning

distribution will be submitted for the court’s determination.

(Amended effective 1/1/09)

15.70 Agreements for Distribution.

(A) If the distributees seek a distribution in a manner other than that provided by the will or by the laws of

intestate succession, a written agreement must be filed in the probate proceeding or consent thereto endorsed on

the petition by all parties affected by the distribution. The order of distribution must include reference to the

assignment, agreement or disclaimer which is the basis for the distribution.

(Amended effective 7/1/05)

(B) A minor distributee or other distributee under disability must be represented by his or her legal representative;

and prior court approval of the agreement, assignment, or disclaimer must be obtained if the distributee is subject to a

guardianship or conservatorship.

(Effective 1/1/94)

15.71 Distribution to Minors.

(A) The court will permit distribution of personal property to parents of a minor only if authorized by the

provisions of Probate Code section 3401. The decree must indicate that the distribution is made pursuant to section

3401. An affidavit or declaration complying with the terms of section 3401 must be on file prior to the hearing.

(Amended effective 1/1/10)

(B) In all other cases, the property must be distributed to the minor with a direction in the decree that the property

be distributed, pursuant to section 3410 et seq., to the legal guardian of the minor or a duly appointed custodian under

the California Uniform Transfers to Minors Act. The guardian, custodian, or depository must sign the distributee’s

receipt.

(Amended effective 7/1/05)

(C) Where the court has discretion to do so, the court will ordinarily require that the funds to be distributed for a

minor without a guardian of the estate shall be placed in a blocked account for the benefit of the minor.

(Added effective 1/1/97)

(D) Where a guardian of a minor must be appointed, or affidavits or declarations are required under section

3401 or Probate Code section 13101, or proceedings are had under section 3410 et seq., the guardian must be

appointed or such affidavits or declarations, or a certified copy of the order made under section 3410 et seq., and

Local Rule 15.71 shall be filed prior to the hearing on the petition for distribution.

(Amended effective 7/1/00)

15.72 Consent of Testamentary Trustee to Act.

When distribution is to be made to a testamentary trustee, the consent of the trustee to act must be filed prior to the

hearing on the petition for distribution.

(Added effective 7/1/00)

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15.73 Petition for Final Distribution.

(A) Petitions for final distribution must include a report of the following:

(1) The character of all assets as separate or community where there is a surviving spouse;

(2) All capital transactions and other actions taken under the Independent Administration of Estates Act,

including the amounts of any gains or losses;

(3) Disclosure of liabilities and other matters necessary to show the condition of the estate (Probate

Code section 10900);

(Amended effective 1/1/10)

(4) Allegations in compliance with Local Rule 15.51 (Report on Claims); Local Rule 15.68 (Description

of Property Distributed); and Local Rule 15.69 (Petition to Include Proposed Distribution);

(Amended effective 1/1/04)

(5) That no federal or California estate taxes are payable or that they have been paid;

(6) That income taxes and all other taxes (e.g., supplemental real property or personal property taxes, if

any) have been paid or otherwise provided for;

(7) Whether the personal representative has complied with the provisions of Probate Code section

8800(d), concerning the change of ownership requirements of Revenue & Taxation Code section 480.

(Amended effective 1/1/99)

(B) If estate taxes are payable or paid: 1) the petition must set forth whether said taxes were prorated pursuant

to Probate Code section 970/20100 et seq. or the provisions of the will; and 2) the petition must reflect whether or not

there are nonprobate assets includable in the gross estate for estate tax purposes.

(Amended effective 7/1/05)

15.74 Spousal Property Election.

Formal probate of community, quasi-community, or separate property passing or confirmed to a surviving spouse in

a decedent’s estate pursuant to Probate Code section 13502 must be supported by a written election expressly

indicating a consideration of the alternative procedures available pursuant to section 13650. Written elections

pursuant to Probate Code section 13502 must contain an express acknowledgement that the inclusion of property

passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees,

commissions, and attorney fees.

(Amended effective 1/1/10)

PART EIGHT. Joint Tenancies and Life Estates

15.75 (deleted effective 1/1/09)

15.76 (Reserved)

15.77 (deleted effective 1/1/09)

PART NINE. Guardianships and Conservatorships-General Provisions

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15.78 Appointment of Temporary Guardian or Conservator.

(A) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to be a

guardian or conservator may be appointed as temporary guardian or conservator of the person or estate or both.

The petition for the appointment of a general guardian or conservator shall be separate from the petition for the

appointment of a temporary guardian or conservator.

(Amended effective 7/1/05)

(B) Petitions for temporary appointment must be presented initially to the Probate Unit for review by the

designated staff. The petitioner must provide an endorsed copy of the general petition and all other papers filed in

support thereof. The clerk in the Probate Unit will file the temporary petition. At the request of the petitioner, the

matter must then be 1) calendared by the clerk in the Probate Unit for hearing at least seven days thereafter; or 2)

presented to the judge of the Probate Department to consider with a request for waiver of notice.

(Amended effective 1/1/10)

(C) A party may seek a temporary guardianship or conservatorship by ex parte application. Applications for ex

parte orders in probate matters shall be presented to the Probate Unit between the hours of 8:30 a.m. and 11:00

a.m. and 1:30 p.m. and 2:30 p.m. Applications submitted after 2:30 p.m. will be processed on the next court business

day.

(Added effective 1/1/11)

15.79 (deleted effective 1/1/09)

15.80 (deleted effective 1/1/06)

15.81 Allowance of Fees and Costs in Guardianships or Conservatorships.

(A) The petition must include an itemization of services rendered setting forth a description, the date, time

expended and hourly rate for each service.

(Amended effective 7/1/05)

(B) Costs are governed by Rule 15.67.

(Renumbered effective 1/1/04)

15.82 (deleted effective 1/1/09)

15.83 (Reserved)

15.84 Waiver of Account.

(A) If Probate Code section 2628 (public benefit payments) is applicable, the guardian or conservator may

petition the court for an order dispensing with accounts. Ex parte petitions pursuant to section 2628 will not be

granted.

(Amended effective 1/1/10)

(B) A final report setting forth the assets on hand must be filed upon termination of a guardianship or

conservatorship even when accounts have been waived.

(Amended effective 7/1/05)

15.85 Additional Powers.

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On the petition of the guardian or conservator at the time of appointment or later, the court may grant additional

powers to the guardian or conservator as authorized by Probate Code sections 2590 and 2591. Such powers are

not automatically granted; and, when requested, sufficient reasons must be shown for their necessity. The court will

grant only those additional powers necessary or proper under the specific circumstances of each case. Any powers

so granted must be set forth at length in the order and in the Letters of Guardianship or Conservatorship.

(Amended effective 1/1/10)

15.86 Accounts.

(A) The first account must be filed on or before the anniversary date of the order appointing the guardian or

conservator; and subsequent accounts shall be filed at least biennially thereafter. The first account must be for a

minimum period of nine months from date of appointment.

(Amended effective 7/1/05)

(B) Where there are multiple wards or conservatees joined in a single guardianship or conservatorship

proceeding, an account must reflect a separate accounting for each of them.

(Amended effective 7/1/05)

(C) Each account except a final account must be accompanied by a report on the sufficiency of the bond,

including 1) the total amount of bond currently posted; 2) which accounts are blocked and the balances thereof

(referring to the filing date of the receipt per Local Rule 15.26(B)); and 3) setting forth the annual income and assets

subject to bonding as provided in Probate Code section 2320(c).

(Amended effective 1/1/10)

(D) The financial institution account statement required by Probate Code section 2620(c) must consist of the most

current statement showing the balance as of the close of the account period. Account statements for the entire period

of the account are not required.

(Amended effective 7/1/05)

(E) The financial institution account statements must be presented in the same sequence as the assets are listed

in the schedule of property on hand. The petitioner must in addition highlight the following information contained on

each account statement:

(1) Name, address of account holder;

(2) The account or property description number;

(3) The account type or property description;

(4) The statement period;

(5) The reported balance at the close of the accounting period.

(Amended effective 7/1/05)

(F) Petitioner must file a reconciliation declaration when the reported balance on the financial institution account

statement is not the same as stated in the schedule of property on hand. The declaration must explain the reason for

the discrepancy between the balances listed.

(Amended effective 7/1/05)

15.87 (deleted effective 1/1/09)

15.87.5 (Reserved)

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PART TEN. Guardianships of Minors

15.88 Appointment of Guardian of Minor.

(A) Petitions for guardianships must contain an allegation as to whether or not the minor(s) has been or is a party

to a civil action in which monetary damages are claimed. If the minor(s) is such a party, the file number of the action

must be indicated, as well as the name of the court in which the case is pending (Local Form).

(Amended and renumbered effective 1/1/09)

(B) Children with a common mother must be included in the same petition. Otherwise, separate petitions and

case numbers shall be required.

(Amended and renumbered effective 1/1/09)

15.89 Contested Guardianships.

(A) If a proposed guardianship of a person is contested, the parties must participate in non-confidential

mediation utilizing Family Court Services (FCS) or a court-approved mediator retained by the parties. The referral to

mediation must be made at the first hearing where any party objects to the guardianship. The referral to mediation

may be made simultaneously with a referral to the Department of Health and Human Services (DHHS) for an

investigation pursuant to Probate Code section 1513(a) or (c). (Amended effective 1/1/10)

(1) The order of referral to mediation must establish the date for filing and service of the mediation

report. This date may be extended by order of the court or written agreement of the parties.

(2) There must be no peremptory challenge of any assigned FCS mediator.

(3) Other applicable procedures:

(a) There must be no orientation prior to the mediation.

(b) Attendance of children ages five and older at the mediation is required. The mediator may

interview the children in the exercise of the mediator’s discretion.

(c) If, after receiving notice, any party fails to appear for the mediation, the mediator may

submit a report after meeting with those persons attending the mediation. If no party

attends the mediation, the petition for guardianship must be dismissed.

(d) The mediator must assist in developing a parenting plan that protects the health, safety,

welfare and best interest of the child.

(e) At the conclusion of the mediation, the mediator must submit a confidential report to the

court and provide all of the parties with a copy of the report prior to the scheduled court

date.

(f) If the parties reach an agreement that the mediator believes is contrary to the best interest

of the child(ren), the mediator must set forth his/her recommendations addressing the best

interests of the child(ren).

(g) If the parties do not reach an agreement during the mediation, the mediator must make

recommendations to the court addressing the disputed issues. Such recommendations

may include: appointment of counsel for the minor; appointment of a mental health

professional; issuance of restraining orders; referral to Child Protective Services and such

other actions as deemed reasonable and necessary.

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(B) All parties must comply with the operating procedures of Family Court Services. Family Court Services must

establish and publish its operating procedures so that they are available during normal business hours upon request

of any party. The written procedure for lodging complaints against mediators must be available in Family Court

Services.

(C) Reports of Family Court Services and Retained Mediators.

(1) A mediation report from Family Court Services or a retained mediator presented at the regular law

and motion calendar or a specially set hearing without witnesses may be adopted in whole or in part or rejected by

the court. A party that contests the court’s ruling may request an evidentiary hearing.

(2) The court may read and consider the report at the law and motion hearing or specially set hearing

without witnesses making its interim ruling with respect to the issue of guardianship and visitation.

(3) The court hearing the issue at the trial must not consider the report until it has been admitted into

evidence. Each party must have the right to cross-examine the preparer of the report.

(4) A party who intends to offer a mediation report into evidence at trial must give notice to Family Court

Services or the retained mediator at least 20 days prior to the trial date and subpoena the preparer of the report at

least five court days prior to the trial date. A Family Court Services mediator subpoenaed to testify at trial must be

paid a reasonable fee.

(5) The deposition of a Family Court Services mediator must be noticed at least five court days before

the deposition date; and the deposition must be taken after 3:00 p.m. at Family Court Services unless there is a

stipulation that the deposition be taken at a different time and location. Depositions taken at Family Court Services

must conclude or recess by 5:00 p.m.

(6) Unless disclosed in other proceedings, the following documents are deemed confidential and must

not be available for inspection by the parties or their attorneys without a court order issued upon a showing of good

cause: Child Protective Services reports and files; Criminal Investigation and Identification records; medical reports;

mental health professional’s reports; restricted law enforcement reports; and National Council of Alcohol and Drug

Dependence reports.

(Added effective 7/1/05)

15.89.01 Guardianships – Visitation with Ward.

(A) If, after appointment of a guardian of the person, a visitation dispute arises between the guardian and a

relative as defined under Probate Code Section 1513(g), the person seeking visitation may file a Request for

Confidential Mediation Regarding Visitation.

(1) The Request shall be filed in the Probate Division using the local form.

(2) Upon filing, the matter shall be referred to Family Court Services where an appointment for the

parties shall be scheduled.

(3) The parties shall participate in confidential mediation and Family Court Services shall make no

recommendations and shall not issue a report to the court unless the parties reach an

agreement, the mediator learns that the child is in danger or the court determines circumstances

warrant non-confidential mediation.

(4) Any agreements reached shall be reported by the mediator. A copy of the reported agreement

shall be provided to each party participating in the mediation, and a copy shall be placed in the

“confidential portion” of the court file.

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(5) There shall be no court hearing on the matter, and the agreement shall not result in a court order,

unless the party seeking an order files a Request for Court Ordered Visitation.

(6) No guardianship case will be permitted more than two referrals for confidential mediation in any

twelve month period, unless authorized by the court upon a showing of good cause.

(B) Parties seeking a court order for visitation with a ward must file a Request for Court Ordered Visitation.

(1) The Petition shall be filed in the Probate Division using the local form.

(2) Upon filing, the matter shall be set for hearing.

(3) The requesting party shall serve a copy of the Petition, with notice of the hearing date, by mail on

the appointed guardian(s) and all persons listed under item #6 of the Petition, at least 15 days

prior to the hearing date.

(4) Any Response shall be filed and served five days prior to the hearing date.

(5) At the hearing, the court may deny the request, may set the matter for an evidentiary hearing, or

may order the parties to participate in non-confidential or confidential mediation with Family Court

Services, or with a private mediator selected from the court-approved list of Probate mediators.

(6) If the parties are ordered to mediation, the order must establish a date for further hearing, and

Rule 15.89 shall apply.

(Amended effective 1/1/11)

15.90 Nonrelative Guardianship.

If investigation is required pursuant to Probate Code section 1543, the petition for appointment of guardian must be

calendared for hearing not less than 45 days after filing in order to allow sufficient time for completion of the

investigation. A copy of the notice of hearing must be served on the Guardianship Unit of the Sacramento County

Department of Health & Human Services not less than 40 days before the date of the hearing.

(Amended effective 1/1/10)

15.91 (deleted effective 1/1/11)

15.92 Duties of Guardian – Support by Parents.

Guardianship funds must not be used for a minor’s support, except upon a showing of the parents’ financial inability or

other circumstances which would justify the same. If there is a claim that the parents lack financial ability to provide

support, the parents must file Family Law Income and Expense and Property Declarations (FL-150) and Property

Declaration (FL-160) in accordance with California Rules of Court.

(Amended effective 1/1/06)

15.93 Final Account and Report.

(A) Waiver of guardian’s final account will be permitted for good cause.

(Amended effective 1/1/98)

(B) Waiver of a guardian’s account by a ward who has attained the age of majority will not be accepted unless the

ward personally appears and confirms the waiver or a written waiver by the ward is filed which includes a complete list

of the assets to be distributed to the ward.

(C) The final report and/or account must include a description of the remaining assets on hand to be distributed

to the ward.

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(Amended effective 7/1/05)

(D) The final report and/or account required upon termination of the guardianship of the estate must be filed

within 90 days of termination pursuant to Probate Code sections 1600-1601.

(Amended effective 7/1/05)

15.94 Termination and Discharge.

(A) One year after majority, upon a proper showing, the final discharge will be granted in the same manner as

the discharge of the fiduciary of a decedent’s estate. For this purpose, a printed form containing the declaration for

final discharge and the final discharge is available from the Clerk of the Court (Local Form).

(Amended effective 7/1/00)

(B) Upon the ward’s attaining the age of majority, the guardianship of the person and the estate terminates

pursuant to Probate Code section 1600, without court order.

(Amended effective 1/1/10)

15.95 (deleted effective 1/1/97)

15.96 (deleted effective 1/1/09)

PART ELEVEN. Conservatorships

15.97 Multiple Conservatees.

There must be a separate proceeding for each person for whom the appointment of a conservator is sought, except

that conservatorships for both spouses may be filed in the same file.

(Amended effective 7/1/05)

15.98 (deleted effective 1/1/97)

15.99 Termination of Conservatorship.

A petition for termination of conservatorship will not be granted unless the conservatee personally appears in court or

is excused after the filing of a physician’s affidavit or declaration setting forth the reasons why the conservatorship is

no longer required.

(Amended effective 1/1/97)

15.100 Final Account and Report.

(A) When a final account or report is filed, notice of hearing must be given pursuant to Probate Code section

2621. If the conservatee is deceased, notice of hearing must be given to the personal representative or trustee of

conservatee’s Living Trust. If the conservator is also the personal representative of the deceased conservatee’s

estate or there is no personal representative, notice must be given to the deceased conservatee’s heirs and

devisees.

(Amended effective 1/1/10)

(B) A final account must be required on termination of the conservatorship of an estate except under the

following circumstances: (1) the former conservatee who has been restored to full capacity waives the accounting;

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(2) if the conservatee is deceased, when an account is waived by those persons entitled to receive distribution of the

estate as provided in Probate Code section 10954; except that if conservator is also the personal representative of

the conservatee’s estate, waivers must be required by all heirs or devisees; or (3) when the court has ordered that

accounts are not required pursuant to Probate Code section 2628 and the conditions of that section are otherwise

met.

(Amended effective 7/1/05)

(C) The report must include a statement of the specific assets on hand.

(Amended effective 7/1/05)

(D) The final report and/or account must be filed within 90 days of termination of the conservatorship of the

estate.

(Amended effective 7/1/05)

15.101 Sale of Conservatee’s Residence.

Sale of a conservatee’s residence requires prior authorization in compliance with Probate Code section 2540(b).

Petitions for authorization of sale of the conservatee’s residence and/or authorization to execute a listing agreement

for sale of the conservatee’s residence will be considered only upon a calendared motion with notice given pursuant

to section 1460 (general mailed notice) and section 2702 (special notice). If permission is granted to sell the

conservatee’s residence, a listing agreement may be approved ex parte, subject to section 2702.

(Amended effective 1/1/10)

15.102 Restricted Facilities and Psychotropic Medication.

(A) Unless prior specific court authorization is obtained upon notice duly given as provided in Local Rule 15.103,

a conservatee with dementia shall not:

(1) Be given mood or cognition medication for treatment of dementia involuntarily, or

(2) Be placed where he or she is not completely free to leave at will.

(B) This will be effective immediately for petitions to establish a conservatorship filed after the effective date of

this rule, and for existing conservatorships, at the time the conservatorship is subject to review pursuant to section

1850.

(Added effective 1/1/99)

15.103 Duties of Attorneys Appointed as Counsel for Conservatees or Proposed Conservatees.

Attorneys who are appointed as counsel for conservatees pursuant to Probate Code sections 1470, 1471, or 2356.5

have the following ethical obligations:

(A) Clients Who Are Non-Communicative, or Clearly Delusional or Not Opposed to Request Before the Court

If the client is noncommunicative, or clearly delusional, or not opposed to the request before the court, the

attorney must evaluate the request before the court and must report to the court, in writing, his or her

observations and recommendations as to what would be in the client’s best interests. In its discretion, the court

may waive the requirement of a written report by the attorney and permit an oral report to be made on the record.

Where a conflict arises between the attorney and his or her client concerning the best interests of the

conservatee, the court may appoint a separate attorney to represent the conservatee.

(B) Clients Who Are Communicative, Alert and Are Opposed to Request Before the Court

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If the client is communicative, alert and opposed to the request before the court, and if the attorney has a good

faith belief that sufficient grounds exist to support the position being taken by the client, the attorney must use all

reasonable and appropriate means to obtain the result being sought by the client.

(C) Clients Who Have Impaired Judgment and Are Opposed to the Request Before the Court

If the client appears to have impaired judgment and is opposed to the request before the court, the attorney must

report to the court, in writing, the attorney’s observations and recommendations as to what would be in the client’s

best interests, as well as the fact that the client is opposed to the request and the apparent reasons for the

opposition. In its discretion, the court may waive the requirement of a written report by the attorney and permit an

oral report to be made on the record. The attorney must also assure that the client is given the opportunity to

directly address the court, if reasonably possible.

(D) Attorney to Disclose Prior Relationship

The attorney must disclose to the court and all parties whether the attorney currently represents, or has

previously represented, the conservator or proposed conservator.

(Added effective 7/1/06)

15.104 Video Presentation of Conservator’s Duties.

Prior to the hearing for appointment, the proposed conservator must verify in writing that he or she has viewed an

approved videotaped presentation on the duties and responsibilities of conservators. The approved presentations are

either one prepared by this court or the one prepared by the Alameda Superior Court in coordination with the Judicial

Council. These video presentations are available for viewing during regular court business hours at the following

locations: Sacramento County Law Library, downtown Courthouse; and the Self-Help Center, Family Relations

Courthouse. The requirements of this rule may be dispensed with if the attorney for the proposed conservator so

requests and certifies in writing that the duties and responsibilities of the conservator have been fully explained to the

proposed conservator.

(Amended effective 1/1/11)

PART TWELVE. Other Protective Proceedings

(Heading amended effective 1/1/97)

15.105 Claims of Minors and Incompetents.

(A) Compromise of the claim of a ward or conservatee must be made in the manner provided by Probate Code

section 2500 et seq., and in accordance with Local Rules 10.01 and 10.02.

(Amended effective 7/1/05)

(B) If there is a request to place the proceeds of a judgment or compromise for a minor or incompetent into a

trust (revocable, special needs or otherwise), or a CUTMA custodianship if the value of the transfer exceeds

$20,000, then the assigned department must first enter judgment or approve all other proper matters (e.g., the

amount of the settlement, terms of payment, and attorney fees). The plaintiff must then file a petition, to be set in the

Probate Unit, for a hearing as to the establishment, terms, and conditions of the proposed placement.

(Amended effective 7/1/05)

(C) Upon approval of the trust described herein, the court must set a hearing date 14 months later for status

on the filing of the first account.

(Amended effective 7/1/05)

15.105.5 Trusts Created Pursuant to Court Order.

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(A) A trust created by order of the probate court for the benefit of a minor or incompetent adult pursuant to

Probate Code sections 2580 et seq., 3100 et seq. or 3600 et seq. will ordinarily be required to contain the

following provisions to be effective during the lifetime of the incompetent adult or during the minor’s minority.

(1) Trustee must post bond for assets and income of the trust.

(2) Trustee must file accounting consistent with the requirements of Probate Code section 2620 and

Probate Code section 1060 et seq.

(3) Prior court approval shall be required for investments other than those listed in Probate Code

section 2574(a).

(4) Trustee must obtain prior court approval for gifting, hypothecation, borrowing, loans, and sales of

assets as would be required by a guardian or conservator of the estate.

(5) Prior court approval shall be required for payments of fees to attorneys, conservators, guardians

and trustees.

(6) The trust must pay for court approved court investigation costs, fees for guardians, conservators,

their attorneys and court appointed counsel as well as other costs of administration approved by the court.

(7) Prior court approval shall be required for appointment of a successor trustee, amendment,

revocation, and termination of the trust.

(8) Prior court approval shall be required for appointment of advisory committee members and for

requested fees.

(Amended effective 7/1/05)

(B) The probate court will ordinarily appoint an attorney as guardian ad litem to represent the interests of the

minor or incompetent adult in the proceeding to establish the trust.

(Added effective 7/1/00)

(C) A petition that includes a request for approval of a trust advisory committee must set forth the member’s

qualifications or relationship and his/her expertise, if any, with federal/state public benefit programs (i.e., S.S.I., Medi-

Cal).

(Added effective 7/1/04)

(D) The petition for approval of the trust must set forth the basis for the proposed distribution of the trust upon

the death of the life beneficiary or upon termination of the trust.

(Added effective 7/1/04)

15.106 Proceeding for Spousal Property Transaction.

As to petitions pursuant to Probate Code sections 3100 et seq.:

(A) The petition must be supported by a declaration of a licensed physician or licensed psychologist within the

scope of his or her licensure as to the capacity of the non-petitioning spouse (Probate Code section 810 et seq.).

(Amended effective 1/1/10)

(B) Counsel will be appointed for the non-petitioning spouse if the petition proposes a substantial transfer to the

petitioner.

(Amended effective 1/1/97)

(C) When the petition is predicated upon the non-petitioning spouse’s qualification for Medi-Cal benefits, notice

shall also be given to the Director of the California Department of Health Care Services.

(Amended effective 1/1/09)

(D) In petitions to transfer assets, related to Medi-Cal eligibility, the petitioner shall provide the court with

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schedules showing such calculations as would be required in an administrative hearing to the extent that the

Community Spouse Resource Allowance or the Minimum Monthly Maintenance Needs Allowance would be in issue.

The court will not make orders modifying the Community Spouse Resource Allowance nor the Minimum Maintenance

Monthly Needs Allowance but may make findings as to the proper amounts as needed to support the order.

(Added effective 1/1/99)

(E) The court will not issue general support orders in petitions under Probate Code sections 3100 et seq.

(Amended effective 1/1/10)

15.106.5 Proceedings under Probate Code Sections 3410 Et Seq.

(Heading amended effective 1/1/10)

(A) Petitions filed under sections 3410 et seq. must be filed in a separate proceeding under the name of the

minor, and must set forth jurisdictional facts and state the amount to be paid, by whom, and what reimbursement for

costs and fees is requested, and request the deposit of the balance of the proceeds in a specific bank or savings and

loan association in the manner provided by law.

(Amended effective 7/1/05)

(B) If the petition merely seeks the deposit of funds subject to reimbursement for costs expended for the filing of

the petition, the petition may be granted by the court without notice. If, however, attorney’s fees are sought, the

matter must be set for hearing on the court’s regular calendar.

(Added effective 1/1/97)

(C) The order must provide for the persons holding funds to make one check payable to the persons entitled to

costs and fees and must provide for the issuance of a second check for the amount to be deposited, payable to the

proposed trustee and the specific bank or savings and loan association.

(Amended effective 7/1/05)

PART THIRTEEN. Trusts

15.107 In General.

Accounts filed by trustees must be in the form and otherwise conform to the requirements in these rules for accounts

by personal representatives in decedents’ estates.

(Amended effective 7/1/05)

15.108 First Appearance by Trustee Requires Statement of Address.

All petitions, objections, responses or other first appearance by a trustee must contain an allegation stating the

address of the trustee for purpose of personal service of process.

(Amended effective 7/1/05)

15.109 Trust Accountings.

(A) A petition for approval of a trust accounting that includes disbursements for trustee fees or attorney fees

must include evidence to support the payment of fees in compliance with the terms of the trust. If “reasonable fees”

are authorized by the trust or if compensation is paid based on Probate Code section 15681, the trustee must set

forth how the “reasonable fee” was calculated. Requests for approval of fees must be categorized by services

performed and must include the hourly rate, hours performed and total amount of fees rendered.

(Amended effective 1/1/11)

(B) Whenever a trust accounting period exceeds two years, the following will apply:

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(1) The schedules for receipts and for disbursements must be categorized into sub-schedules reflecting

the particular income sources or payees from whom there are more than twelve entries per accounting period.

(2) The schedule for disbursements must contain a separate listing for all compensation paid to any

fiduciary, attorney or accountant during the accounting period from trust assets.

(Added effective 7/1/05)

(C) Special Needs Trusts. Notice of the hearing on a petition for approval of an account of a special needs trust

established pursuant to Probate Code section 3604 must be provided to the Directors of the Department of Health

Services, Department of Developmental Services, and the Department of Mental Health at the Sacramento office on

a petition for approval of an account of a special needs trust established pursuant to section 3604.

(Amended effective 1/1/11)

15.110 (deleted effective 1/1/11)

15.111 Report of Trustee.

(A) A report must accompany each account of a trustee and shall include the following:

(1) A concise reference to the purpose of the trust and how they have been satisfied by the trustee

during the period of the account;

(2) A list of the beneficiaries (both present and future), the address, relationship to the trustor,

whether they are a minor or an adult, and the beneficiary’s age, if age is relevant;

(3) A brief summary of distributions made to or for their benefit, as reflected in the account;

(4) Investment objectives, and results with reference to the purpose of the trust, by setting forth a

brief summary of the account measured in terms of the specific trust objectives and requirements.

(5) The trustee’s address for personal service of process.

(Amended effective 7/1/05)

(B) The report must not merely recite what has been done but must relate the activities reflected in the

account to the purposes and persons for which the trust was created.

(Amended effective 7/1/05)

15.112 Appointment of Minor’s Counsel.

(A) Counsel appointed by the court for a minor pursuant to Probate Code section 1470 shall have the following

duties:

(1) Interview the minor;

(2) Review the court file and all accessible records and make any further investigation necessary to

ascertain facts relevant to the guardianship or visitation.

(Amended effective 1/1/10)

(B) Counsel appointed by the court pursuant to section 1470 must be entitled to the following:

(1) Reasonable access to the minor with adequate notice;

(2) Notice of all proceedings, including requests for examination affecting the minor;

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(3) Access to all pleadings and records, including medical and school records of the minor, subject to

the limitations of Rule 15.89(C)(6);

(4) The right to object to physical or psychological evaluations for purposes of trial that have not

been ordered by the court;

(5) The right to assert on behalf of the minor any privileges for purposes of discovery or trial;

(6) The right to petition for an order authorizing independent psychological and/or physical

examination of the minor;

(7) Subject to the provisions of Rule 15.89(C)(6), with notice to all parties and Child Protection

Services, petition the court for an order authorizing release of discoverable records concerning the minor. The

court must conduct an

in camera review of the requested documents before ruling on the petition.

Counsel must

not disclose to any person any records produced unless authorized by order of the court.

 

 

(Amended effective 1/1/11)