California Probate Court – Court Rules

The California probate court, in particular the Los Angeles Superiour Court sitting in probate, publishes online its Probate Court Rules . The probate court rules begin in Chapter 10. These court rules provide the court and those who use the probate court with guidance on how the system works. What follows is a table of contents for those California probate court rules which you can use to decide whether to pursue obtaining more information from the court website itself.

GENERAL PROVISIONS

10.0 APPLICABILITY OF RULES
(a) Applicability of Rules
(b) Rules of Construction
(c) Jurisdiction

10.1 EXCUSE FROM COMPLIANCE

10.2 PROBATE COURT INFORMATION
(a) District Courts Hearing Probate Matters
(b) Addresses and Telephone Numbers and Calendaring Information

10.3 PROBATE ATTORNEY’S NOTES
(a) Probate Notes Available on the Web
(b) Clearing Probate Notes
(c) Updated Probate Notes
(d) Failure to Clear Probate Notes

10.4 PROBATE NOTE ABBREVIATIONS

HEARINGS, EX PARTE PROCEDURES AND TRIALS

10.5 SETTING OF PROBATE MATTERS

10.6 RESETTING PETITIONS
10.7 CENTRAL DISTRICT – PROBATE LAW AND MOTION MATTERS
(a) Setting for Probate Law and Motion Matters
(b) Filing Oppositions, Joinders and Replies to Opposition in Law and Motion Matters

10.8 EX PARTE PROCEDURES
(a) Time for Ex Parte Matters in Central District
(b) Time for Ex Parte Matters in District Courts
(c) Preliminary Considerations
(d) Ex Parte Procedures

10.9 PROBATE HEARINGS CANNOT BE ADVANCED
10.10 CONTINUANCES OF NON-TRIAL MATTERS
(a) Continuances of Matters Not Ready for Hearing
(b) Continuances Pursuant to Stipulation
(c) Continuance To Permit Filing of Objections/Responses
(d) Notice of Continued Matters

10.11 CONTINUING PROBATE LAW AND MOTION MATTERS

10.12 TRIALS ON CONTESTED MATTERS IN CENTRAL DISTRICT
(a) Trial Setting
(b) Joint Trial Statements for All Contested Matters
(c) Continuances
(d) Motions in Limine

TRANSFERRING, CONSOLIDATING, AND RELATING CASES

10.13 TRANSFERS FROM ONE DISTRICT TO ANOTHER
10.14 CONSOLIDATION AND/OR TRANSFER OF CASES

10.15 RELATED CASES
(a) Related Probate Cases
(b) Relating Probate Cases To Non-Probate Cases

PLEADINGS

10.16 DOCUMENT FILINGS REQUIRE DEPARTMENT NUMBER AND HEARING DATE

10.17 DOCUMENT FILING REQUIREMENTS
(a) Reproducing Judicial Council Forms
(b) Filing Requirements to Facilitate Document Scanning

10.18 SUPPLEMENTAL AND AMENDED PLEADINGS
(a) Supplemental Pleadings
(b) Amended Pleading

10.19 OPPOSITION AND REPLY PLEADINGS

10.20 ORDERS
(a) Orders in Contested Proceedings
(b) Use of Judicial Council Form Orders
(c) Probate Volunteer Panel (PVP) Attorney’s Approval of Orders
(d) Material To Be Included In Probate Orders
(e) Riders and Exhibits
(f) Nunc Pro Tunc Orders

10.21 ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF DECEDENTS’ESTATES
(a) Issuance of Letters
(b) Multiple Representatives
(c) Confidential Supplement To Duties and Liabilities of Personal Representative
PROVISIONS COMMON TO VARIOUS CASE TYPESAND MISCELLANEOUS PROCEEDINGS

10.22 MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD – CITATION REQUIRED FOR FIDUCIARY

10.23 PARTY TO GIVE NOTICE
(a) Party To Give Notice
(b) Undelivered Notice

10.24 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY
(a)10.0 Caption and Setting
(b)10.0 Notice of Hearing

10.25 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE

10.26 SALES OF REAL PROPERTY
(a) Published Notice for Private Sales of Real Estate
(b) Sale of Specifically Devised Real Property
(c) Increased Bid Forms
(d) Real Estate Commissions

10.27 BORROWING AND REFINANCING
(a) Petition
(b) Inventory and Appraisal

10.28 REDUCTION AND WAIVER OF BOND
(a) Court Order Required to Increase or Decrease Bond or Substitute Surety
(b) Description of Bonds in Accounts
(c) Request for Bond Waiver In Decedents’ Estates Proceedings
(d) Appearance Required In Decedents’ Estate Proceedings
10.29 BANK STATEMENTS AND BLOCKED ACCOUNTS
(a) Decedents’ Estates and Trusts
(b) Reconciliation
(c) Confidential Financial Statements
(d) Blocked Accounts
10.30 ACCOUNTS AND REPORTS SUFFICIENCY OF BOND TO BE STATED

10.31 PAYMENT AND REIMBURSEMENT OF COSTS
(a) Non-reimbursable Costs
(b) Discretionary Reimbursement
10.32 FINDINGS AS TO CHARACTER OF PROPERTY
(a) Facts Establishing Community or Quasi-community Property Character of Assets
(b) Documents Supporting Community or Quasi-community Property Character of Assets
(c) Copies of Deeds To Be Attached
(d) Will as Basis for Passing Decedent’s Property
(e) Petitioner Is Not the Spouse or Domestic Partner
(f) Spousal or Domestic Property Petitions, Findings Regarding Character of Property

10.33 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE PROBATE CODE SECTION 13200 ET SEQ12
(a) Decedent Died Testate
(b) Decedent Died Intestate

DECEDENTS’ ESTATES PROCEEDINGS

10.34 APPOINTMENT OF SPECIAL ADMINISTRATORS
(a) Notice
(b) Preference
(c) Bond

10.35 DECLINATIONS AND CONSENTS TO ACT
(a) Declination of Named Executor
(b) Consent to Act

10.36 APPOINTMENT OF PUBLIC ADMINISTRATOR
(a) Appointment
(b) Notice

10.37 PROOF OF WILLS AND CODICILS
(a) Self Proving Wills and Codicils
(b) Non-Self Proving Wills

10.38 FOREIGN LANGUAGE WILL

10.39 SUBSEQUENT PETITIONS FOR PROBATE

10.40 INCORPORATED CITIES IN LOS ANGELES COUNTY
10.41 NOTICE TO CREDITORS
(a) Notice To Known and Reasonably Ascertainable Creditors
(b) Claims by Public Entities

10.42 CREDITOR’S CLAIMS
(a) Creditor’s Claims of Personal Representatives or Their Attorneys
(b) Funeral and Interment Claims

10.43 NOTICE OF PROPOSED ACTION
(a) A Notice of Proposed Action
(b) Notice Filed with the Court
(c) Petitions for Distribution

10.44 PETITION FOR FAMILY ALLOWANCE
(a) Ex Parte Petitions
(b) Limitation on Period of Family Allowance
(c) Reasonableness and Eligibility
10.45 HEIRSHIP DETERMINATIONS
(a) Notice of Hearing
(b) Notice to Attorney General
(c) Contents of Petition
(d) Genealogical Chart
(e) Escheat

10.46 PETITIONS FOR INSTRUCTIONS
(a) Limitations
(b) Specifying Instruction

10.47 COLLECTION OF DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR PROPERTY DAMAGE
(a) Wrongful Death Damages
(b) Physical Injury or Property Damages
(c) Court Approval Required

10.48 PETITIONS FOR PRELIMINARY AND FINAL DISTRIBUTION
(a) Schedule of Creditors’ Claims
(b) Medi-Cal Recipient
(c) Heir Confined In a Correctional Facility

10.49 PAYMENT OF COSTS OF ADMINISTRATION

10.50 ALLEGATIONS REGARDING CREDITORS

10.51 MEDI-CAL NOTIFICATION

10.52 INHERITANCE TAXES FOR DECEDENTS DYING BEFORE JUNE 8, 1982
10.53 GUIDELINES FOR ATTORNEY COMPENSATION

10.54 ALLEGATION RE CHARACTER OF PROPERTY

10.55 PROVISIONS RE SURVIVORSHIP
10.56 DESCRIPTION OF DISTRIBUTEES
(a) Names and Addresses
(b) Age of Minors and Others

10.57 ORDERS ESTABLISHING TESTAMENTARY TRUSTS
(a) Appointment of Testamentary Trustee Prior To Distribution
(b) Orders Establishing Testamentary Trusts
10.58 DOCUMENTS TO BE ON FILE BEFORE ORDER FOR DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY
(a) Distributions To Minors
(b) Distribution To Court Appointed Fiduciary

10.59 POST DECEASED DISTRIBUTEES, DISTRIBUTION PURSUANT TO PROBATE CODE SECTION 13100 ET SEQ18
(a) Post Deceased Distributee Died Testate
(b) Post Deceased Distributee Died Intestate

10.60 ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE
(a) Notification To Court
(b) Written Assignment or Transfer of Interest
(c) Distribution Care-of Attorney

10.61 RECEIPTS OF DISTRIBUTION
(a) Distributee Receipts
(b) Recorded Deed or Order In Lieu of Distributee’s Receipt

GUARDIANSHIP PROCEEDINGS

10.62 APPOINTMENT OF GUARDIANS
(a) Single Petition for Multiple Minors
(b) PRO 003 Must Be Filed with Petition
(c) Appointment of Non-Relative Guardians

10.63 GUARDIANSHIP ACCOUNTS OR WAIVERS OF ACCOUNTS
(a) Separate Accounting for Each Minor
(b) Waiver of Accounting When a Ward Reaches Majority

CONSERVATORSHIP PROCEEDINGS

10.64 APPOINTMENT OF CONSERVATORS
(a) PRO 003 Must Be Filed with Petition
(b) Appointment of Private Professional Conservators
10.65 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIP
(a) LPS Conservatorship Proceedings
(b) Notice to LPS Conservator

10.66 NOTICE OF ESTABLISHMENT OF CONSERVATORSHIP

10.67 CONSERVATORSHIP CARE PLAN
(a) LASC Form Care Plan
(b) Mailing Copy of Conservatorship Care Plan to Court Investigator

10.68 COURT INVESTIGATOR’S ASSESSMENTS

10.69 RESIGNATION OF CONSERVATOR
(a) Effective Date of Resignation
(b) Final Account of Resigning Conservator

10.70 NOTICES RE FINAL ACCOUNT UPON DEATH OF CONSERVATEE

RULES COMMON TO CONSERVATORSHIP PROCEEDINGS,GUARDIANSHIPS PROCEEDINGS AND/ORTRUSTS CREATED OR FUNDED BY COURT ORDER

10.71 CONSERVATOR’S OR GUARDIAN’S INDEPENDENT POWERS

10.72 INVENTORY AND APPRAISAL OF BENEFITS

10.73 ACCOUNTS, REPORTS AND CONSERVATOR/GUARDIAN COMPENSATION
(a) Reconciliation of Financial Statements
(b) Allegation Regarding Sufficiency of Bond
(c) Allegation Regarding Blocked Accounts
(d) Insured Accounts
(e) Vesting of Accounts
(f) Court Investigator’s Assessments
(g) Conservator Compensation
(h) Hearings for Approval of Conservatorship/Guardianship Accounts To Be Coordinated With Hearings For Approval of Trust Accounts

10.74 ACCOUNTS AND INVENTORIES AND APPRAISALS – CONSERVATORS AND TRUSTEES OF TRUSTS SUBJECT TO THE COURT’S CONTINUING JURISDICTION
(a) Mailing Copies to the Court Investigator’s Office
(b) Lodging Original Financial Statements with the Court

TRUST PROCEEDINGS

10.75 MULTIPLE PROBATE CODE SECTION 17200 ET SEQ. PETITIONS CONCERNING ONE TRUST

10.76 PETITIONS TO CONFIRM SALE OF TRUST REAL PROPERTY

10.77 SETTLEMENTS INVOLVING CHARITABLE TRUSTS
10.78 TESTAMENTARY TRUSTEES’ ACCOUNTS

SETTLEMENTS OR JUDGMENTS INVOLVING MINORS ORPERSONS WITH DISABILITIES, TRUSTS FUNDED OR ESTABLISHED PURSUANT TO COURT ORDER

10.79 SETTLEMENTS OR JUDGMENTS RELATING TO CLAIMS OF MINORS OR PERSONS WITH DISABILITIES (INCLUDING ESTABLISHMENT AND FUNDING OF TRUSTS)
(a) Proper Court To Approve Settlement
(b) Disposition of Proceeds
(c) Petition to Compromise Claim
(d) Orders
(e) Post Judgment Procedures

10.80 TRUSTS CREATED OR FUNDED PURSUANT TO COURT ORDER INCLUDING CIVIL JUDGMENT
(a) Trusts Created or Funded By Court Order
(b) Additional Trust Requirements
(c) Rule Does Not Apply to Trusts Under $20,000

10.81 SPECIAL NEEDS TRUST CREATED BY COURT ORDER/JUDGMENT

10.82 NEW COURT PROCEEDINGS REQUIRED FOR TRUSTS ESTABLISHED UNDER PROBATE CODE SECTION 2580 OR 3100

PROBATE VOLUNTEER PANEL ATTORNEYS

10.83 PROBATE VOLUNTEER PANEL GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR APPOINTMENT TO THE PANEL
(a) Active Status with the State Bar
(b) Submit Application and Compliance Statement
(c) Educational and MCLE Requirements
(d) Professional Liability Insurance

10.84 PROBATE VOLUNTEER PANEL – REQUIREMENTS FOR SPECIFIC AREAS OF INTEREST
(a) General Requirements for Specific Areas of Interest
(b) MCLE Requirements for Specific Areas of Interest

10.85 ETHICAL GUIDELINES

10.86 PVP ATTORNEY APPOINTMENTS ARE PERSONAL

10.87 WRITTEN REPORTS AND COMPENSATION FOR COURT-APPOINTED ATTORNEYS
(a) Written Reports
(b) Compensation for PVP Attorneys

APPENDIX A COMMONLY USED ABBREVIATIONS
APPENDIX B TABLE OF INCORPORATED CITIES
APPENDIX C LOS ANGELES SUPERIOR COURT GUIDELINES ONATTORNEY COMPENSATION AND COSTS IN DECEDENTS’ ESTATES
APPENDIX D REQUESTING COMPENSATION FOR THE PROFESSIONAL CONSERVATOR
The Table of Contents for other California Court rules pertain to the following topics:

Chapter 1 Organization

Chapter 2 Distribution of Court Business

Chapter 3 Judgments and Post-Judgment Orders

Chapter 4 Court Hours and Priority of Trial

Chapter 5 Grand and Trial Jurors

Chapter 6 Criminal Division Procedures

Chapter 7 Trial Court Delay Reduction

Chapter 8 Civil Trial Procedure

Chapter 9 Civil Law And Motion General

Chapter 10 Probate

Chapter 11 Appellate Department/Department 70 Rules

Chapter 12 Alternative Dispute Resolution

Chapter 13 Adoptions and Related Matters

Chapter 14 Family Law

Chapter 15 Class Actions ( see California Rules of Court, Rules 1800 through 1861 )

Chapter 16 Eminent Domain

Chapter 17 Superior Court, Juvenile Division Dependency Proceedings

Chapter 18 Electronic Filing and Service

Chapter 19 Mental Health Department

Chapter 20 Traffic

Contact a California probate lawyer for assistance with your probate by calling Mitchell A. Port at 310.559.5259.