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local probate rule 1

PROBATE RULE 1: ADMINISTRATION AND GENERAL POLICIES

A. ASSIGNMENT OF MATTERS 
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  
M. SUBMISSION OF WILLS OR CODICILS

A. ASSIGNMENT OF MATTERS

(Eff. 1/01/17)

New Probate cases are randomly assigned to a judicial officer for all purposes. The judge in that department is the All-Purpose Judge (APJ). If a case is sent for trial to the Civil Division based on its expected length or other reasons, the APJ shall still decide all issues up to trial, including any ex parte requests and motions to continue the trial. All filed documents must contain the name of the assigned APJ and department.

(Eff. 3/23/21)

B. CASES INVOLVING EMPLOYEES

If a court employee or deputy sheriff working in the Probate Division, or a member of his or her family, is a party to a case, the matter shall be transferred to the Civil Division for assignment for all purposes.

(Eff. 3/23/21)

C.PROBATE CALENDARS

1. ESTATE, TRUST AND CONSERVATORSHIP MATTERS

Decedent’s estate, trust, and conservatorship matters are heard in the Probate Division.  Demurrers, motions to strike, special motions to strike (i.e. anti-SLAPP motions), motions to quash for lack of personal jurisdiction, motions for judgment on the pleadings, discovery motions, and summary judgment motions filed in decedent’s estate, trust and conservatorship matters are heard on the Probate Division’s motions calendar.

 

2. MENTAL HEALTH MATTERS

Mental health matters under the Lanterman Petris Short (LPS) Act., firearm prohibitions, and quarantine detentions are heard in the Probate Division.

(Eff. 3/23/21)

3. GUARDIANSHIP, ADOPTION AND RELATED MATTERS

(a) Guardianships of the estate and all guardianship accounting petitions are heard in the Probate Division. Matters concerning guardianships of the person and initial petitions for guardianship of the person and estate are heard in the Family Division.

(b) Adoptions and adoption-related terminations of parental rights are heard in the Probate Division. Nonadoption terminations of parental rights, and emancipation of minors are heard in the Family Division.

Eff. 3/23/21)

4. MINOR’S COMPROMISE MATTERS

Minor’s compromise matters will be heard in the Probate Division unless there is an existing civil case. Minor’s compromise matters filed in an existing civil case will be heard by the civil case management judges.

(Eff. 3/23/21)

 

D. HEARING DATES

For all matters set on probate calendars, Parties are required to reserve a hearing date in the manner set forth on the Court’s website (www.scscourt.org). Hearing dates for minor’s compromise matters with an existing related civil case are set under the procedures set forth in Local Civil Rule 8C.

(Eff. 3/23/21)

E.        TELEPHONIC APPEARANCES

Telephonic appearances on probate matters are governed by California Rule of Court (CRC) 3.670 and Local Civil Rules 12B through 12E. Telephonic appearances are not permitted for guardianship appointments, conservatorship appointments or petitions to confirm the sale of real property. 

 When a Petition for Writ of Habeas Corpus Re: Quarantine Detention is brought and an Order for Writ Issuance is granted, Petitioner shall directly call the department to which the case is assigned.  The Probate Division direct line shall be indicated on the face of the Writ of Habeas Corpus Re: Quarantine Detention which is issued by the Clerk of the Court.


(Eff. 1/01/17)

F.         CONTINUANCES

A continuance may be granted without the need for a court appearance only if all parties agree.  The request may be made by a telephone call to the Probate Examiner’s Office at least three court days before the scheduled hearing.  The Court may deny any continuance request.

On the call of the calendar, a matter may be continued for such period as the Court in its sole discretion will determine if a party appears on the hearing date and requests a continuance. The Court discourages repeated continuances of a matter.


(Eff. 1/01/17)

G.        OBJECTIONS


Unless the Probate Code requires written objections, the Court may hear oral objections at the noticed hearing, or the Court may require the objections to be made in writing.  . If written objections are required by the Court, the Court will continue the hearing and specify the date by which the objecting party must file and serve the written objections.  Failure to file and serve such written objections on or before the date set may be grounds for overruling the objections.  The following are local forms which may be used to object to the matters indicated:

(1) Objection to Petition to Remove Conservator (attached form PB-4035)

(2) Objection to Petition to Remove Guardian (attached form PB-4036)

(3) Objection to Petition to Remove Personal Representative (attached form PB‑4037)

(4) Objection to Petition to Remove Trustee (attached form PB-4038)

(5) Objection to Petition to Terminate Guardianship (attached form PB-4039)

(6) Objection to Guardianship (attached form PB-4043)

(7) Objection (attached form PB-4045)


(Eff. 1/01/17)

H.        ADVANCE CASE STATUS REPORTS

It is the goal of the Probate Division to post Advance Case Status Reports (“ACSRs”) for decedents’ estates, trusts and conservatorship accounting matters on the court website (www.scscourt.org) at least two court days before the matters are scheduled to be heard.  The most common notations for each case will be “Pre‑Approved”, “Continued”, “Parties to Appear”, and/or a list of procedural deficiencies.

(1)        PRE-APPROVED MATTERS

Pre-approved matters are those that have been reviewed and found satisfactory by the Court before the date set for hearing.  Personal appearance by the petitioning party is not required on pre-approved matters.  Pre-approved matters to which objections are made may be continued.  Orders for pre-approved matters will be signed upon the calling of the probate calendar.  Parties may pick up their orders at that time.

(2)        CORRECTING PROCEDURAL DEFECTS

Parties are to file additional submissions to correct procedural defects before 12:00 p.m. one court day before the matter is set for hearing.  Late submissions may not be considered by the Court. 


(Eff. 1/01/17)

I.          APPOINTMENTS WITH PROBATE STAFF

If in any matter a party believes a conference with the Probate Examiner or the Probate Staff Attorney would be appropriate, an appointment should be made with the Probate Examiner's office.


(Eff. 1/01/17)

J.         CONTESTED MATTERS HEARD BY THE PROBATE DIVISION

(1)        SUBMISSION ON THE PLEADINGS

At-issue, contested matters that are ready for hearing and that parties agree to submit on the pleadings may be taken under submission or ruled upon at the scheduled hearing. 

(2)        EVIDENTIARY HEARING

At-issue, contested matters that are ready for hearing and for which the total hearing time does not exceed three hours may be heard by the Probate Division .   Briefs for evidentiary hearings should be filed and served three days before the hearing unless otherwise specified by the Court. 

(3)        HEARINGS AND TRIALS LONGER THAN THREE HOURS

Matters requiring hearings or trials longer than three hours will be set on the Civil Division’s master trial calendar.  Local Civil Rule 9 shall govern the proceedings, except that the Probate Division shall hear all issues up to trial.


(Eff. 1/01/17)

K.        CONTESTED MATTERS HEARD BY THE GUARDIANSHIP APJ

At-issue, contested matters that are ready for hearing and for which the total hearing time does not exceed two days may be heard by the Guardianship APJ.  A matter requiring a hearing longer than two days may be set on the Civil Division’s master trial calendar.  Local Civil Rule 9 shall govern the proceedings except that the Guardianship APJ shall hear all issues up to trial.


(Eff. 1/01/17)

L.        PRIVACY REQUIREMENTS FOR SOCIAL SECURITY NUMBERS, FINANCIAL ACCOUNT NUMBERS, AND COURT INVESTIGATOR REPORTS


Parties are reminded to comply with CRC 1.20 which requires the redaction of certain social security numbers and financial account numbers.  In addition, Court Investigator Reports are confidential documents and are not to be attached, in whole or in part, to any pleadings or other documents filed with the Court.


(Eff. 1/01/17)

M.        SUBMISSION OF WILLS OR CODICILS


Any will or codicil submitted for filing must be submitted with PB-4079 , “Will Coversheet,” to preserve the originality of the document.


(Eff. 1/01/21)





Probate Rules of Court: Summary - Intro - 1 - 2 - 3 - 4 - 5 - 6 - 7
8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20
List of attached Probate local forms

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