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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. 1/01/17)

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. 1/01/17)

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. All ex parte petitions and supporting documentation must first be presented to the Probate Filing office. An ex parte petition or application must contain sufficient facts to justify the orders requested.

(Eff. 3/23/21)

1. Certain 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. 3/23/21)

2. Certain 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. 3/23/21)

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

(Eff. 3/23/21)

  a. The petitioner must first determine if there is anyone who would oppose the matter if he or she knew about it. A notice and copy of the petition must be served on all parties 24 hours before presenting the ex parte petition to the Court. The petition and a proposed order shall be presented to the Probate Filing office with a declaration regarding giving notice. 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. 3/23/21)

  b. If there will be no objection, submit the petition to the Probate Filing office with Form PB-4080  or Form PB-4078 , as specified in subsections 1 and 2.

(Eff. 3/23/21)

  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: Submit the petition to the Probate Filing Office. The matter 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. 3/23/21)

  d. 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. 3/23/21)




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List of attached Probate local forms

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