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local probate rules of court
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ONLINE TABLE OF CONTENTS


FORM ATTACHMENTS TO LOCAL PROBATE RULES

INTRODUCTION

1 ADMINISTRATION AND GENERAL POLICIES

A. ASSIGNMENT OF MATERS
B. CASES INVOLVING EMPLOYEES
C. PROBATE CALENDARS
D. HEARING DATES
E.TELEPHONIC APPEARANCES
F.CONTINUANCES
G.OBJECTIONS
H. ADVANCE CASE STATUS REPORTS
I. APPOINTMENTS WITH PROBATE STAFF
J. CONTESTED MATTERS HEARD BY THE PROBATE DIVISION
K. CONTESTED MATTERS HEARD BY THE GUARDIANSHIP APJ
L. PRIVACY REQUIREMENTS FOR SOCIAL SECURITY NUMBERS, FINANCIAL ACCOUNT NUMBERS, AND COURT INVESTIGATOR REPORTS

2 PROBATE ORDERS

A.FORMAT
B.DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED MATTERS
C.EX PARTE ORDERS FOR DECEDENTS’ ESTATES AND TRUST MATTERS

3 ALTERNATE DISPUTE RESOLUTION

A.POLICY STATEMENT
B.PROBATE EARLY SETTLEMENT CONFERENCE PROGRAM
C.MANDATORY SETTLEMENT CONFERENCES

4 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS

A.LETTERS OF SPECIAL ADMINISTRATION
B.PETITION FOR PROBATE OF WILL OR CODICIL
C.ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES
D.PUBLICATION
E.LETTERS
F.REMOVAL OF PERSONAL REPRESENTATIVE

 

5 BONDS

A. AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION OF ESTATE ACT (IAEA)
B. NON-RESIDENT PERSONAL REPRESENTATIVE

C. INCREASE OR DECREASE IN AMOUNT OF BOND
D. REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING ASSETS IN BLOCKED ACCOUNT AND PROVIDING RECEIPTS
E. BOND ON BORROWING
F. BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS FIDUCIARY
G. STATEMENT RE SUFFICIENCY OF BOND IN REPORTS ACCOMPANYING ACCOUNTINGS

 

6 THE INDEPENDENT ADMINISTRATION OF ESTATES ACT

A. PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT (IAEA)
B. EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED

C. REPORT OF ACTIONS TAKEN UNDER THE IAEA
D. FILING NOTICE OF PROPOSED ACTION WITH COURT

7 SALE UNDER COURT SUPERVISION

A. PUBLICATION OF NOTICE OF INTENTION TO SELL
B. PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY; SALE PROCEDURE

8 PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS

A. PETITION FOR INSTRUCTIONS
B. APPOINTMENT OF SUCCESSOR TRUSTEE

9 ACCOUNTS, REPORTS, FEES COMMISSIONS, AND DISTRIBUTION

A. FORM OF ACCOUNTS
B. ALLEGATIONS REGARDING CREDITOR’S CLAIMS AND REPORT OF ACTIONS TAKEN UNDER IAEA
C. STATUTORY COMMISSIONS AND FEES
D. COMPENSATION FOR EXTRAORDINARY SERVICES
E. COSTS
F.COMPENSATION FOR GUARDIANS, CONSERVATORS, TRUSTEES, AND THEIR COUNSEL, AND FOR COUNSEL FOR A CONSERVATEE OR WARD
G.NO COMPENSATION WITHOUT COURT ORDERS
H.PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE LISTED
I.AGREEMENTS FOR DISTRIBUTION OF ASSETS
J.FILING OF RECEIPTS FOR PRELIMINARY DISTRIBUTIONS

10 SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY PETITIONS

A. WHEN FILED WITH PETITION FOR PROBATE
B. SURVIVORSHIP CONDITION IN WILL

11 CONSERVATORSHIPS

A.PETITION FOR APPOINTMENT OF CONSERVATOR
B.REFERRAL FOR INVESTIGATOR’S REPORT; TRANSMITTAL OF DOCUMENTS TO COURT INVESTIGATOR

C.NOTICE OF HEARING
D.DUTIES OF CONSERVATOR
E.CONTESTED MATTERS
F.PURCHASE OF HANDBOOK AND VIEWING OF FILM
G.ORDER APPOINTING CONSERVATOR
H.FILING OF INVENTORY AND APPRAISAL
I.PLACEMENT AND LEVEL OF CARE ASSESSMENT FOR CONSERVATEE
J.LETTERS OF CONSERVATORSHIP OF THE ESTATE
K.ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR
L.SALE OF CONSERVATEE’S RESIDENCE
M.CHANGE OF ADDRESS OF CONSERVATOR OR CONSERVATEE
N.REMOVAL OF CONSERVATEE FROM CALIFORNIA
O.APPOINTMENT OF LIMITED CONSERVATOR FOR THE DEVELOPMENTALLY DISABLED
P.REMOVAL OF CONSERVATOR
Q.TERMINATION OF CONSERVATORSHIP
R.DEATH OF CONSERVATEE
S.CONFIDENTIAL SUPPLEMENTAL INFORMATION
T.TEMPORARY CONSERVATORSHIPS
U.PRIVATE PROFESSIONAL CONSERVATORS
V.CONSERVATEES’ TRUST
W.NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED JUDGMENT PETITIONS

12 GUARDIANSHIPS

A.GUARDIAN OF MINOR’S ESTATE
B.PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR’S PERSON

C.COORDINATION OF CUSTODY AND GUARDIANSHIP MATTERS
D.COORDINATION OF RESTRAINING ORDER AND GUARDIANSHIP MATTERS
E.OBJECTION TO GUARDIANSHIP
F.DUTIES OF GUARDIAN
G.ATTENDANCE AT THE HEARING
H.CONTESTED GUARDIANSHIP
I.CHANGE OF RESIDENCE OF GUARDIAN OR WARD
J.USE OF WARD’S ASSETS FOR SUPPORT
K.ACCOUNTINGS
L.TERMINATION OF GUARDIANSHIP OF THE PERSON
M.TEMPORARY GUARDIANSHIPS
N.REMOVAL OF GUARDIAN
O.VISITATION
P.FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA

13 GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF MINORS AND PERSONS WITH A DISABILITY

A.GUARDIAN AD LITEM
B.CONTENTS OF PETITION

C.PRESENCE OF MINOR OR PERSON WITH A DISABILITY
D.EX PARTE PETITIONS
E.ATTORNEY’S FEES
F.MEDICAL MALPRACTICE MATTERS
G.DISTRIBUTION
H.FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES
I.TRANSFER OF ASSETS OF A MINOR OR A PERSON WITH A DISABILITY TO A TRUST UNDER PROBATE CODE § 3600 ET/ SEQ/

14 COMPENSATION OF REFEREES


15 MINOR’S EMANCIPATION

A. INVESTIGATION
B. REPRESENTATION
C. STATEMENT
D. APPEARANCE

16 TRUSTS

A.TRUSTEE FEES
B.REMOVAL OF TRUSTEE

 

17 LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIP

A. DEPARTMENT
B. AGE OF MINOR
C. WRITTEN CONSENT

18 PETITION FOR WRIT OF HABEAS CORPUS RE: QUARANTINE DETENTION

A. ACCOUNTING - TERMINATION OF ONE-YEAR PRIVATE LPS CONSERVATORSHIPS OF THE PERSON AND ESTATE

19 ATTORNEY FEE DISPUTES

 

FORM ATTACHMENTS TO LOCAL PROBATE RULES OF COURT

© 2017 Superior Court of California, County of Santa Clara