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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. SCOPE
B. ALL PURPOSE JUDGE
C. CASE ASSIGNMENT
D. VENUE
E. CONSOLIDATION
F. COORDINATION WITH CUSTODY CASES
G. PROBATE CALENDAR
H. TELEPHONIC APPEARANCE
I. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED MATTERS
J. OBJECTIONS
K. PROBATE EARLY SETTLEMENT CONFERENCE PROGRAM
L. CONTESTED MATTERS
M. APPROVED MATTERS
N. CONTINUANCES
O. APPOINTMENTS
P. WITHDRAWAL OF ATTORNEY OF RECORD
Q. COURT COMMUNICATION REGARDING RESTRAINING ORDERS
R. PRIVACY REQUIREMENTS FOR DOCUMENTS FILED IN PROBATE MATTERS
S. COURT INVESTIGATOR REPORTS

2 NOTICES, PETITIONS, DECLARATIONS, AND ORDERS

A. FORMAT OF DOCUMENTS SUBMITTED FOR FILING
B. PREPARATION OF NOTICES, PETITIONS, DECLARATIONS, ORDERS AND PRINTED PROBATE FORMS
C. SIGNATURE BY ATTORNEY
D. NOTICE
E. NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN
F. PETITIONS FOR EX PARTE ORDERS
G. PROBATE ORDERS
H. ORDERS CORRECTING CLERICAL ERRORS
I. LATE FILINGS
J. FACSIMILE FILING

3 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. DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM
G. REMOVAL OF PERSONAL REPRESENTATIVE

4 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

5 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

6 FAMILY ALLOWANCE

A. BY PETITION TO THE COURT
B. BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT
C. INCOME AND EXPENSE DECLARATION

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. FRANCHISE TAX BOARD CERTIFICATE
D. STATUTORY COMMISSIONS AND FEES
E. COMPENSATION FOR EXTRAORDINARY SERVICES
F. COSTS
G. COMPENSATION
H. NO COMPENSATION WITHOUT COURT ORDERS
I. PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE LISTED
J. AGREEMENTS FOR DISTRIBUTION OF ASSETS
K. 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. ATTENDANCE AT THE HEARING
F. CONTESTED MATTERS
G. PURCHASE OF HANDBOOK AND VIEWING OF FILM
H. ORDER APPOINTING CONSERVATOR
I. FILING OF INVENTORY AND APPRAISAL
J. PLACEMENT AND LEVEL OF CARE ASSESSMENT FOR CONSERVATEE
K. LETTERS OF CONSERVATORSHIP OF THE ESTATE
L. ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR
M. SALE OF CONSERVATEE’S RESIDENCE
N. CHANGE OF ADDRESS OF CONSERVATOR OR CONSERVATEE
O. REMOVAL OF CONSERVATEE FROM CALIFORNIA
P. APPOINTMENT OF LIMITED CONSERVATOR FOR THE DEVELOPMENTALLY DISABLED
Q. REMOVAL OF CONSERVATOR
R. TERMINATION OF CONSERVATORSHIP
S. DEATH OF CONSERVATEE
T. CONFIDENTIAL SUPPLEMENTAL INFORMATION
U. TEMPORARY CONSERVATORSHIPS
V. PRIVATE PROFESSIONAL CONSERVATORS
W CONSERVATEES’ TRUST
X. 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. LOCATION OF GUARDIANSHIP HEARINGS WHERE THERE ARE CASES IN BOTH PROBATE AND FAMILY COURT
D. LOCATION OF HEARINGS ON RESTRAINING ORDERS WHERE THERE IS A PENDING GUARDIANSHIP
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. WHERE PETITIONS ARE PRESENTED
C. CONTENTS OF PETITION
D. PRESENCE OF MINOR OR PERSON WITH A DISABILITY
E. EX PARTE PETITIONS
F. ATTORNEY’S FEES
G. MEDICAL MALPRACTICE MATTERS
H. DISTRIBUTION
I. FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES
J. TRANSFER OF ASSETS OF A MINOR OR A PERSON WITH A DISABILITY TO A TRUST

14 COMPENSATION OF REFEREES


15 MINOR’S EMANCIPATION

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

16 TRUSTS

17 NAME CHANGE

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

18 LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIPS

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

19 PETITION FOR WRIT OF HABEAS CORPUS RE: QUARANTINE DETENTION


20 ATTORNEY FEE DISPUTES

 

FORM ATTACHMENTS TO LOCAL PROBATE RULES OF COURT

© 2014 Superior Court of California, County of Santa Clara