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local probate rule 2

PROBATE RULE 2: PROBATE ORDERS

A. FORMAT
B. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED MATTERS
C. EX PARTE ORDERS FOR PROBATE MATTERS

A. FORMAT

All orders in probate matters must be complete and bear the noticed hearing date and department.   In addition, the court signature and date lines must not be on a page by themselves; the signature page must contain some text of the order. If a matter is taken off calendar, any order submitted will be returned to the party and a new order must be submitted for the re-noticed hearing date. All orders signed by a judge during a hearing shall be filed before leaving the courthouse.


(Eff. 1/1/17)

B. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED MATTERS

In all matters where no objections are on file, a petitioning party must submit a proposed order at least four court days in advance of the scheduled hearing date or the matter may be ordered off calendar.


(Eff. 1/1/17)

C. EX PARTE ORDERS FOR PROBATE MATTERS

Probate matters may be presented ex parte unless a noticed hearing is required by the Probate Code, Court order, or the Local Probate Rules. An ex parte petition or application must contain sufficient facts to justify the orders requested. All ex parte petitions must be accompanied by either a Probate Uncontested Ex Parte Coversheet: Matters Submitted on the Pleadings (form PB-4080 ) or a Probate Ex Parte Relief Checklist (form PB-4078 ), as specified in subsections 1 and 2 below.

(Eff. 9/17/21)

1. Certain uncontested petitions may be submitted ex parte for judicial review without a hearing. To be considered for this review, the petition must be accompanied by the Probate Uncontested Ex Parte Coversheet: Matters Submitted on the Pleadings (form PB-4080 ). Petitions that may be submitted under this section are:
  a. The following Estate Petitions with consents and waiver of notice:
    i. Petition for Final distribution – with waiver of accounting
    ii. Petition for payment of creditor claims
    iii. Petition for payment of attorney and/or administrator fees
    iv. Petition to transfer a will
    v. Spousal Property Petitions
  b. The following Conservatorship and Guardianship of the Estate Petitions with consents and waiver of notice:
    i. Petition for payment of attorney and/or conservator fees
    ii. Petition to remove money from blocked account
  c. The following Miscellaneous petitions:
    i. Petition to appoint GAL (any case type)
    ii. Petition to approve settlement agreement (any case type) (executed by all necessary parties)
    iii. Petition to increase/decrease bond (any case type)
    iv. Petition for small estate collection by county counsel

(Eff. 9/17/21)

2. Certain uncontested petitions may be submitted ex parte and will receive initial review by the Probate Attorney prior to submission to a Probate judge for review. To be considered for this review, the petition must be accompanied by the Probate Ex Parte Relief Checklist (form PB-4078 ). Petitions that may be submitted under this section are:
  a. The following Estate Petitions with consents and waiver of notice:
    i. Petition for preliminary distribution
    ii. Petition to appoint a special administrator
    iii. Petition to instruct the personal representative
  b. The following Trust Petitions with consents and waiver of notice:
    i. Petition to confirm trust assets
    ii. Petition to fill vacancy in trustee office
    iii. Petition to instruct trustee/interpret trust provision
    iv. Petition to modify trust terms
    v. Petition to confirm trust terms/existence of trust
    vi. Petition to approve distribution

(Eff. 9/17/21)

3. The procedures for submitting ex parte matters are as follows:

(Eff. 9/17/21)

  a. The petitioner must first determine if there is anyone who would oppose the matter if they knew about it. A notice and copy of the petition and any supporting documents must be served on all parties at least 24 hours before presenting the ex parte petition to the Court. The petition, proposed order, and any supporting documents must be submitted along with a declaration stating when and to whom notice was given; or if there is a request to waive notice, why notice should not be given. If the matter does not require immediate action, defined to mean action within the day the matter is presented to the Court, the Court will allow 48 hours, not including weekends or holidays, for the opposing party to present the opposition.

(Eff. 9/17/21)

  b. If there will be no objection, the petition, a proposed order (attached to Judicial Council Form EFS- 020, if submitted by electronic filing), and supporting documents should be submitted with form PB-4078  or PB-4080 , as specified in sections 1 and 2 above. Attorneys must file the documents by electronic filing. Self-represented parties may submit the documents by electronic filing or by presenting them to the Probate Filing Office.

(Eff. 9/17/21)

  c. If there will be an objection, and the matter is:

  • Not urgent: Do not submit it ex parte. Instead, have the matter set for a noticed hearing on the regular Probate calendar.
  • Urgent: Attorneys and self-represented parties must submit the petition, proposed order, and any supporting documents in hard copy form to the Probate Filing Office. The documents will be submitted to a Probate Judge who will determine if the matter should be set for an ex parte hearing or set on the regular calendar. The judge’s courtroom clerk will notify the submitting party whether the matter will be set for ex parte hearing or not.

(Eff. 9/17/21)

  d. The above procedures do not apply to Ex Parte Petitions for Final Discharge (Form DE-295 / GC-395). Such petitions should be submitted in hard copy form to the Probate Filing Office.

(Eff. 9/17/21)

  e. The above procedures do not apply to temporary guardianships and conservatorships. The procedures for those matters are set forth in Local Probate Rules 11T and 12M below.

(Eff. 9/17/21)




Probate Rules of Court: Summary - Intro - 1 - 2 - 3 - 4 - 5 - 6 - 7
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List of attached Probate local forms

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