SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER FOUR

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1 CHAPTER FOUR PROBATE DIVISION RULES...97 GENERAL PROVISIONS APPLICABILITY OF RULES...97 (a) Applicability of Rules (b) Rules of Construction (c) Jurisdiction 4.2 EXCUSE FROM COMPLIANCE PROBATE COURT INFORMATION...97 (a) Filing (b) Addresses and Telephone Numbers and Calendaring Information 4.4 PROBATE ATTORNEY NOTES...97 (a) Probate Notes Available on the Web (b) Clearing Probate Notes (c) Failure to Clear Probate Notes 4.5 RESERVED RESERVED RESERVED RESERVED...98 HEARINGS, EX PARTE PROCEDURES, AND TRIALS SETTING OF PROBATE MATTER RESETTING PETITION PROBATE LAW AND MOTION...98 (a) Setting Hearing for Law and Motion (b) Oppositions, Joinders, and Replies 4.12 EX PARTE PROCEDURES...98 (a) Timing -xxvii-

2 (b) Preliminary Considerations (c) Ex Parte Procedure 4.13 PROBATE HEARINGS CANNOT BE ADVANCED CONTINUANCE OF NON-TRIAL MATTERS...99 (a) Matters Not Ready for Hearing (b) Continuance Pursuant to Stipulation (c) Notice of Continued Matter 4.15 TRIAL ON CONTESTED MATTERS IN CENTRAL DISTRICT...99 (a) Trial Setting (b) Joint Trial Statement (c) Contents of Joint Trial Statement (d) Continuance (e) Motions in Limine 4.16 RESERVED RESERVED RESERVED RESERVED CONSOLIDATING, AND RELATING CASES RESERVED CONSOLIDATION OF CASES RELATED CASES (a) Related Probate Cases (b) Relating Probate Cases to Non-Probate Cases 4.23 RESERVED RESERVED RESERVED RESERVED PLEADINGS -xxviii-

3 SUPPLEMENTAL AND AMENDED PLEADINGS OPPOSITION AND REPLY PLEADINGS ORDERS (a) Orders in Contested Proceedings (b) Preparation of Order (c) Probate Volunteer Panel ( PVP ) Attorney s Approval of Order (d) Content of Probate Order (e) Riders and Exhibits (f) Nunc Pro Tunc Order 4.30 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 4.31 RESERVED RESERVED RESERVED RESERVED PROVISIONS COMMON TO VARIOUS CASE TYPES AND MISCELLANEOUS PROCEEDINGS MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR A FIDUCIARY NOTICE (a) Party Giving Notice (b) Undelivered Notice 4.37 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY (a) Caption and Setting (b) Notice of Hearing 4.38 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE xxix-

4 4.39 SALE OF REAL PROPERTY (a) Published Notice for Private Sale of Real Property Estate (b) Sale of Specifically Devised Real Property (c) Increased Bid Form (d) Real Estate Commission 4.40 BORROWING AND REFINANCING (a) Petition 4.41 REDUCTION AND WAIVER OF BOND (a) Change in Bond or Substitution of Surety (b) Description of Bond in Account (c) Request for Bond Waiver in Decedent s Estate Proceeding (d) Appearance Required in Decedent s Estate Proceeding 4.42 BANK STATEMENT AND BLOCKED ACCOUNT (a) Decedent s Estate and Trust (b) Reconciliation (c) Confidential Financial Statement (d) Blocked Account 4.43 PAYMENT AND REIMBURSEMENT OF COSTS (a) Non-Reimbursable Costs (b) Discretionary Reimbursement 4.44 FINDINGS AS TO CHARACTER OF PROPERTY (a) Community or Quasi-Community Property Character of Assets (b) Supporting Documents (c) Copies of Deeds (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 4.45 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE (a) Decedent Died Testate (b) Decedent Died Intestate 4.46 RESERVED RESERVED RESERVED RESERVED xxx-

5 DECEDENT S ESTATE PROCEEDINGS APPOINTMENT OF SPECIAL ADMINISTRATOR (a) Notice (b) Preference (c) Bond 4.51 DECLINATION AND CONSENT TO ACT (a) Declination of Named Executor (b) Consent to Act 4.52 APPOINTMENT OF PUBLIC ADMINISTRATOR (a) Appointment (b) Notice 4.53 CERTIFICATION OF WILLS AND CODICILS BY SELF-REPRESENTED PARTY FOREIGN LANGUAGE WILL SUBSEQUENT PETITION FOR PROBATE NOTICE TO CREDITORS (a) Known and Reasonably Ascertainable Creditors (b) Claims by Public Entities 4.57 CREDITOR S CLAIMS (a) Creditor s Claim by Personal Representative or Representative s Attorney (b) Funeral and Interment Claims 4.58 NOTICE OF PROPOSED ACTION (a) Notice of Proposed Action (b) Notice Filed (c) Petition for Distribution 4.59 PETITION FOR FAMILY ALLOWANCE (a) Ex Parte Petition (b) Limitation on Period of Family Allowance (c) Reasonableness and Eligibility 4.60 HEIRSHIP DETERMINATION (a) Notice of Hearing (b) Notice to Attorney General (c) Contents of Petition -xxxi-

6 (d) Genealogical Chart (e) Escheat 4.61 PETITION FOR INSTRUCTIONS (a) Limitations (b) Specifying Instruction 4.62 DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR PROPERTY DAMAGE (a) Wrongful Death Damages (b) Physical Injury or Property Damages (c) Court Approval 4.63 PETITION FOR PRELIMINARY AND FINAL DISTRIBUTION (a) Schedule of Creditors Claims (b) Medi-Cal Recipient (c) Heir Confined in a Correctional Facility 4.64 PAYMENT OF COSTS OF ADMINISTRATION ALLEGATIONS REGARDING CREDITORS MEDI-CAL NOTIFICATION ALLEGATION RE CHARACTER OF PROPERTY PROVISION RE SURVIVORSHIP DESCRIPTION OF DISTRIBUTEES (a) Names and Addresses (b) Age of Minors and Others 4.70 ORDER ESTABLISHING TESTAMENTARY TRUSTS (a) Appointment of Testamentary Trustee Prior to Distribution (b) Order Establishing Testamentary Trust 4.71 DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY (a) Distribution to Minors (b) Distribution to Court Appointed Personal Representative of a Decedent s Estate, Conservator of the Estate or Guardian of the Estate 4.72 POST-DECEASED DISTRIBUTEE DISTRIBUTION (a) Post-Deceased Distributee Died Testate (b) Post Deceased Distributee Died Intestate -xxxii-

7 4.73 ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE (a) Notification to Court (b) Written Assignment or Transfer of Interest (c) Distribution Care of Attorney 4.74 RECEIPT OF DISTRIBUTION (a) Distributee Receipt (b) Recorded Deed or Order in Lieu of Distributee s Receipt 4.75 RESERVED RESERVED RESERVED RESERVED RESERVED GUARDIANSHIP PROCEEDINGS APPOINTMENT OF GUARDIAN (a) Single Petition for Multiple Minors (b) Notification Filed with Petition (c) Appointment of Non-Relative Guardian 4.81 GUARDIANSHIP ACCOUNT OR WAIVER OF ACCOUNT (a) Separate Accounting for Each Minor (b) Waiver of Accounting When a Ward Reaches Majority 4.82 RESERVED RESERVED RESERVED RESERVED CONSERVATORSHIP PROCEEDINGS APPOINTMENT OF CONSERVATORS (a) Form Filed with Petition (b) Appointment of Private Professional Conservator -xxxiii-

8 4.87 LANTERMAN-PETRIS-SHORT ( LPS ) CONSERVATORSHIP (a) LPS Conservatorship Proceeding (b) Notice to LPS Conservator 4.88 NOTICE OF ESTABLISHMENT OF CONSERVATORSHIP CONSERVATORSHIP CARE PLAN (a) Care Plan Form (b) Notice to Court Investigator 4.90 COURT INVESTIGATOR S ASSESSMENT RESIGNATION OF CONSERVATOR (a) Effective Date of Resignation (b) Final Account of Resigning Conservator 4.92 NOTICE RE FINAL ACCOUNT UPON DEATH OF CONSERVATEE RESERVED RESERVED RESERVED RESERVED RESERVED RULES COMMON TO CONSERVATORSHIP PROCEEDINGS, GUARDIANSHIPS PROCEEDINGS, AND/OR TRUSTS CREATED OR FUNDED BY COURT ORDER CONSERVATOR S OR GUARDIAN S INDEPENDENT POWERS INVENTORY AND APPRAISAL OF BENEFITS ACCOUNTS, REPORTS AND CONSERVATOR/GUARDIAN COMPENSATION (a) Reconciliation of Financial Statements (b) Sufficiency of Bond (c) Blocked Account (d) Insured Account (e) Vesting of Account -xxxiv-

9 (f) Court Investigator s Assessment (g) Coordination of Hearings ACCOUNTS AND INVENTORIES AND APPRAISALS - CONSERVATORS AND TRUSTEES OF TRUSTS SUBJECT TO THE COURT S CONTINUING JURISDICTION (a) Copies for the Court Investigator s Office (b) Lodging Original Financial Statements RESERVED RESERVED RESERVED RESERVED TRUST PROCEEDINGS MULTIPLE PROBATE CODE SECTION ET SEQ. PETITIONS CONCERNING ONE TRUST PETITION TO CONFIRM SALE OF TRUST REAL PROPERTY SETTLEMENT INVOLVING CHARITABLE TRUSTS TESTAMENTARY TRUSTEE ACCOUNT RESERVED RESERVED RESERVED RESERVED RESERVED MINOR S COMPROMISE, COMPROMISE BY PERSON WITH DISABILITY, AND TRUST FUNDED OR ESTABLISHED PURSUANT TO COURT ORDER SETTLEMENTS OF CLAIMS OF MINORS OR PERSONS WITH DISABILITIES (INCLUDING ESTABLISHMENT AND FUNDING OF TRUSTS) xxxv-

10 (a) Proper Court to Approve Settlement (b) Disposition of Proceeds (c) Special Needs Trusts (d) Orders (e) Post-Judgment Procedure TRUST CREATED OR FUNDED PURSUANT TO COURT ORDER (a) Trusts Created or Funded by Court Order (b) Additional Trust Requirements (c) Rule Does Not Apply to Trusts Under $20, SPECIAL NEEDS TRUST CREATED BY COURT ORDER/JUDGMENT COURT PROCEEDING FOR TRUST ESTABLISHED UNDER PROBATE CODE SECTION 2580 OR RESERVED RESERVED RESERVED RESERVED PROBATE VOLUNTEER PANEL ATTORNEYS PROBATE VOLUNTEER PANEL GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURE 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 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 ETHICAL GUIDELINES PVP ATTORNEY APPOINTMENTS ARE PERSONAL WRITTEN REPORT AND COMPENSATION FOR PVP ATTORNEYS (a) Written Report -xxxvi-

11 (b) Compensation for PVP Attorneys RESERVED RESERVED RESERVED MENTAL HEALTH MATTERS JUDICIAL COMMITMENT (a) Requirements (b) Counsel s Duty to Advise Respondent of Rights (c) Waiver MEDICATION CAPACITY/RIESE HEARINGS (FACILITY-BASED) (a) Hearing Request Procedure (b) Notice (c) Patients Rights Advocate Access To Patient s Record (d) Hearing Coordinator (e) The Hearing (f) Appeal (g) Holding periods ELECTROCONVULSIVE THERAPY HEARINGS FOR INVOLUNTARILY HELD PATIENTS (a) Contents (b) Notice (c) Proof of Service (d) Hearing Date and Time (e) Hearing PETITION FOR RESTORATION OF RIGHT TO POSSESS A FIREARM (a) Petition (b) The Hearing (c) Return of Firearm in Court or Law Enforcement Custody EX PARTE REQUESTS RESERVED RESERVED RESERVED xxxvii-

12 4.139 RESERVED xxxviii-

13 CHAPTER FOUR PROBATE DIVISION RULES GENERAL PROVISIONS 4.1 APPLICABILITY OF RULES (a) Applicability of Rules. The rules of this Chapter ( Probate Division Rules ) apply to all actions and proceedings to which the Probate Code applies and do not apply to any other action or proceeding. (b) Rules of Construction. To the extent that the Probate Division Rules may add to existing statutory provisions relating to the same subject matter, they must be construed so as to implement the purposes of those statutes. (c) Jurisdiction. The Probate Division Rules are not intended to expand or restrict the court s jurisdiction in proceedings under the Probate Code. (Rule 4.1 new and effective July 1, 2011) 4.2 EXCUSE FROM COMPLIANCE The court for good cause may waive the application of the Probate Division Rules in an individual case. (Rule 4.2 new and effective July 1, 2011) 4.3 PROBATE COURT INFORMATION (a) Filing. With the exception of the North District, all probate matters are filed and heard in the Central District at the Stanley Mosk Courthouse. Case numbers will have a prefix of BP in the Central District and MP in the North District. (b) Addresses and Telephone Numbers and Calendaring Information. The address, telephone number, and calendaring information for the Probate court is available online at (Rule 4.3 [7/1/2011, 5/17/2013] re-titled & amended and effective July 1, 2014) 4.4 PROBATE ATTORNEY NOTES (a) Probate Notes Available on the Web. Probate Notes are available in advance of a hearing at The commonly used abbreviations in the Probate Notes are set forth in Appendix 4.A. (b) Clearing Probate Notes. The Matters To Clear section of the Probate Notes informs the parties of additional documents that are necessary to justify approval of the petition. Counsel must clear the items noted under the Matters To Clear section no later than 3:30 p.m. of the second court day preceding the hearing date. (c) Failure to Clear Probate Notes. If the Probate Notes are not timely cleared, the court will continue the hearing, place the matter off calendar, deny the matter without prejudice, or take other action it deems necessary. Page 97 of 217

14 (Rule 4.4 [7/1/2011] amended and effective May 17, 2013) 4.5 RESERVED 4.6 RESERVED 4.7 RESERVED 4.8 RESERVED HEARINGS, EX PARTE PROCEDURES, AND TRIALS 4.9 SETTING OF PROBATE MATTER A petition requiring a hearing will be assigned by the clerk at the time of filing. The petitioning party must insure that a hearing date has been assigned prior to leaving the filing window. A request for an early setting must be presented in the Office of the Probate Attorney and must be accompanied by a declaration of urgency. Such requests will be granted only if good cause has been shown; the convenience of counsel or a party does not constitute good cause. (Rule 4.9 new and effective July 1, 2011) 4.10 RESETTING PETITION A request to reset a petition previously placed off calendar must be made in the Probate Attorney s Office. Supplemental papers setting forth the current status of the case must be presented at the time of the request. (Rule 4.10 new and effective July 1, 2011) 4.11 PROBATE LAW AND MOTION (a) Setting Hearing for Law and Motion. Law and motion and discovery matters are heard Monday through Friday at 10:00 a.m. in the Central District and on Thursdays at 8:30 a.m. in the North District. (b) Oppositions, Joinders, and Replies. In the Central District an opposition or joinder to a law and motion matter must be filed at the probate filing window. Replies to opposition papers must be filed in the department assigned to the case for hearing. The court will not consider surreply papers absent a showing of good cause. (Rule 4.11 [as CENTRAL DISTRICT - PROBATE LAW AND MOTION 7/1/2011] title & text amended and effective May 17, 2013) 4.12 EX PARTE PROCEDURES (a) Timing. In the absence of exceptional circumstances, all ex parte matters must be presented to the Probate Attorney s Office at 8:30 a.m. daily. (b) Preliminary Considerations: (1) Payment of Filing Fees. A party must pay the filing fee and obtain the court file before presenting an ex parte matter to the Probate Attorney for review. (2) Special Notices. The ex parte application, petition or motion must include an allegation that special notice has been given, has not been requested, or a written waiver of special notice has been filed as required by California Rules of Court, rule Page 98 of 217

15 (c) Ex Parte Procedure. California Rules of Court, rule et seq., must be followed for all ex parte applications. (1) Emergency Ex Parte Matter. The court may set a hearing on an application for ex parte relief seeking immediate action where there is an opposition to the request. (2) Drop-off Ex Parte Matter. Ex parte applications not seeking immediate action will be accepted for review as permitted by statute. These ex parte applications may be delivered to the Probate Attorney s Office at any time and will be reviewed by the Probate Attorney within five court days. (3) Temporary Conservatorships and Guardianships. A petition for appointment of a temporary conservator or guardian, absent exigent circumstances, shall be set for hearing not less than five court days after filing. Hearing dates are assigned in the Probate Attorney s Office. (4) Application for Nunc Pro Tunc Order. An application for a nunc pro tunc order may be presented ex parte. (5) Telephonic Appearance. An applicant seeking an ex parte order choosing to appear by telephone must comply with California Rules of Court, rule 3.670(d) and Local Rule 3.6(d). (Rule 4.12 [7/1/2011, 5/17/2013] re-numbered, amended and effective January 1, 2014) 4.13 PROBATE HEARINGS CANNOT BE ADVANCED When a trust or decedent s estate matter has been set for hearing, or the hearing has been noticed and then continued to a definite date, the hearing will not be advanced to an earlier date. Additionally, the matter will not be heard on an earlier date by filing a new petition or an amended petition. (Rule 4.13 new and effective July 1, 2011) 4.14 CONTINUANCE OF NON-TRIAL MATTERS (a) Matters Not Ready for Hearing. If there has been no prior continuance, the court will usually continue for at least four weeks a matter that is not ready for hearing. A matter will be considered not ready for hearing when the Probate Notes state that there are unresolved procedural or factual issues, other than issues designated as JTD for the court to determine. If there are unresolved procedural or factual issues appearing in the Probate Notes on the second continued date, the matter will be placed off calendar or denied without prejudice, unless an oral motion for continuance is granted by the court. (b) Continuance Pursuant to Stipulation. Matters will not be continued by stipulation of counsel without recommendation of the Probate Attorney or order of the court. (c) Notice of Continued Matter. If a petition was properly noticed, new notice of the continued date is not required unless specifically ordered by the court. This rule does not apply to notice by citation. (Rule 4.14 new and effective July 1, 2011) 4.15 TRIAL ON CONTESTED MATTERS IN CENTRAL DISTRICT (a) Trial Setting. A contested matter will be set for trial. Counsel are required to provide the court with reasonable and accurate time estimates for trial. If the time estimate of either party Page 99 of 217

16 is exceeded, the court may, in its discretion, deem the case submitted, declare a mistrial, or continue the matter to a new trial date. (b) Joint Trial Statement. (1) Meet and Confer. No later than thirty calendar days before the date set for trial, counsel must meet and confer, in person, in good faith to prepare a Joint Trial Statement. Although the petitioner has the duty to initiate the meet and confer process, the responding party(ies) must initiate it if the petitioner fails to timely do so. Both counsel are subject to imposition of monetary and/or other appropriate sanctions if the meet and confer process is not completed. (2) Filing Joint Statement. The Joint Trial Statement must be filed directly with the clerk of the department where the matter is pending and served on all parties no later than ten calendar days before the trial date. (3) Filing Separate Statement. In the rare case where the parties, after good faith attempts to do so, are unable to agree on a Joint Trial Statement, each party shall file directly with the clerk of the department where the matter is pending, and serve on all other parties, a Separate Trial Statement no later than ten calendar days before the trial date. (4) Extension of Time. Compliance may be extended only by order of the court. (c) Contents of Joint Trial Statement. The Joint Trial Statement or Separate Trial Statement must contain the following: (1) Joint Statement Compliance. If the parties have failed to prepare and file a Joint Trial Statement, the Separate Trial Statement must summarize attempted compliance activity, including dates of meetings or discussions and total time spent in attempts to reach compliance; (2) Expedited Presentation of the Case. The Statement must address in detail the use of summaries or statements, or other expedited means of presenting evidence including stipulated facts, agreements regarding admission of evidence, and agreements re summary of testimony; (3) Factual Information. The Statement must include a complete and objective factual statement of the case including, as applicable a) the date of decedent s death and date of any wills or codicils, b) the date of appointment of personal representative/guardian/conservator, c) the names, ages and relationships of all persons relevant to the proceeding and names of counsel, d) the date and substance of any prior orders of the court, e) the filing date and substance of any documents pertinent to any contested issue (e.g., inventories), f) the amount of any bond, and g) other relevant information. (4) Uncontested Issues. The Statement must list and summarize all uncontested issues. (5) Statement of Contested Issues. The Statement must include a concise statement of every contested issue. If the parties cannot agree on what the contested issues are, each issue must be noted with an identification of which party believes the issue to be contested and which party does not. (6) Discussion of Contested Issues. For each contested issue, the Statement must present a brief but comprehensive discussion which includes the following: a) Any factors relevant to that issue; b) A list of all documents, schedules, or summaries to be offered at trial regarding the issue, a summary of each document s content and purpose, and a copy of each appraisal and expert report to be offered at trial; Page 100 of 217

17 c) For each percipient or expert witness that any party intends to call at trial, the witness name and business address, a brief statement of the substance of the witness testimony, and a time estimate for direct and cross-examination. This provision does not apply to any witness objectively and in good faith anticipated to be called solely for the purpose of impeachment; and d) Any points and authorities relevant to a particular contested issue. (d) Continuance. A trial may be continued for good cause only by order of the court. If all parties waive notice, an application for continuance may be presented ex parte. The application must be made at the earliest possible time and in no event less than one week prior to trial. A party s need for additional time to prepare for trial or to discuss settlement does not constitute good cause. (e) Motions in Limine. Motions in limine must comply with the notice provisions of Code of Civil Procedure section 1005 and must be set for hearing no later than the first day of trial. (Rule 4.15 [7/1/2011, 5/17/2013] re-numbered and effective January 1, 2014) 4.16 RESERVED 4.17 RESERVED 4.18 RESERVED 4.19 RESERVED CONSOLIDATING AND RELATING CASES 4.20 RESERVED (Rule 4.20 [as TRANSFER FROM ONE DISTRICT TO ANOTHER 7/1/2011] REPEALED and effective May 17, 2013) 4.21 CONSOLIDATION OF CASES When two or more petitions have been filed concerning the same decedent s estate, conservatee, minor or trust, the court may, in its sole discretion and on its own motion, consolidate them into the case assigned the lowest case number. Where cases have been consolidated, subsequent documents must be filed using the case number designated by the court in the consolidation order. (Rule 4.21 [as CONSOLIDATION AND/OR TRANSFER OF CASES 7/1/2011] title & text amended and effective May 17, 2013) 4.22 RELATED CASES (a) Related Probate Cases. Two or more probate cases are related where they concern the same decedent, conservatee, ward, settlor/trustor or other substantially affected parties. Counsel must inform the court of all such related cases by filing and serving a notice of related cases in each case or by orally informing the court on the record. Related probate cases shall be transferred to the department to which the lead case is assigned, except where good cause is shown to the contrary. The first filed case shall be the lead case. (b) Relating Probate Cases to Non-Probate Cases. The relation of non-probate cases to probate cases is governed by Local Rule 3.3(f). (Rule 4.22 new and effective July 1, 2011) Page 101 of 217

18 4.23 RESERVED 4.24 RESERVED 4.25 RESERVED 4.26 RESERVED PLEADINGS 4.27 SUPPLEMENTAL AND AMENDED PLEADINGS A supplemental pleading sets forth additional allegation after the original notification is filed, usually in response to Probate Notes. An amended pleading seeks new or additional relief from the original petition. An amended pleading requires the same notice (including publication) as the pleading it amends and must be filed and set for hearing as though an original petition. California Rules of Court, rule 7.104, governs the signing and filing of amended and supplemental pleadings. (Rule 4.27 new and effective July 1, 2011) 4.28 OPPOSITION AND REPLY PLEADINGS The Probate Code allows any interested person to appear and make a response or objection orally or in writing at or before the hearing. If a response or an objection is made at the time of the first hearing on a petition, the court will ordinarily continue the hearing to allow objections or a response to be filed and to allow the petitioner to file a reply to the response or the objections. If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived. (Rule 4.28 new and effective July 1, 2011) 4.29 ORDERS (a) Orders in Contested Proceedings. Proposed orders must be separately lodged and not attached to the moving papers. (b) Preparation of Order. Counsel must prepare proposed orders and decrees of the court where no Judicial Council form order is available. (c) Probate Volunteer Panel ( PVP ) Attorney s Approval of Order. For matters where the court has appointed a PVP Attorney, the PVP Attorney must indicate approval of the proposed order as to form by signing at the end of the proposed order. If the PVP Attorney s signature is not obtained, a proof of service of the proposed order on the PVP Attorney must be submitted to the court with the proposed order. (d) Content of Probate Order: (1) Content of Order. The proposed order must contain the name of the judicial officer presiding, the date of the hearing, the department, and the names of all persons appearing at the hearing. The order must set forth, with the same particularity required of judgments in civil matters, all matters ruled upon by the court. No text may appear after the signature of the judicial officer. Page 102 of 217

19 (2) Order for Probate of Lost Will. The Judicial Council form Order for Probate must be used for an order probating a lost will with an attachment setting forth the terms of the lost will and/or codicil. (3) Order Involving Real Property. An order affecting real property must include: a legal description of the real property, the street address (if applicable), and the Assessor s Parcel Number ( APN ). (4) Order Settling Account. An order settling an account must state the beginning and ending dates of the account period and contain general language approving the account report. The order must contain a statement of the balance of property on hand as reflected in the Summary of Account and the amount of cash included in the balance. (5) Order Providing for Periodic Payments. An order providing for periodic payments must contain the following language commencing and continuing not to exceed months. (e) Riders and Exhibits. When an order has attachments, the place for the judge s signature must appear at the end of the last attachment and an appropriate notation must be made in the body of the order indicating that the signature is located at the end of the last attachment. (f) Nunc Pro Tunc Order: (1) Nunc Pro Tunc Order. When a signed order contains a clerical error, a party may obtain a corrected order by filing an application and presenting a proposed nunc pro tunc order correcting the error. The application for a nunc pro tunc order must include a supporting declaration and a proposed order. The documents must be presented with the court file to the Probate Attorney. (2) Format of Order. The nunc pro tunc order must state substantially the following: Upon the consideration of the application of, to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected, by striking the following (set forth the portion to be corrected) and by inserting in lieu thereof the following (set forth the corrected language). To prevent confusion, the proposed order must strike the entire erroneous clause or sentence and then restate it as corrected. (Rule 4.29 new and effective July 1, 2011) 4.30 ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF DECEDENTS ESTATES (a) Issuance of Letters. Where the court orders issuance of letters (testamentary/administration) to the personal representative of a decedent s estate, the executed letters, the order of appointment, bond (if ordered), the Duties and Liabilities of the Personal Representative form, and the Confidential Supplement To Duties and Liabilities of Personal Representative form must be submitted to the clerk for issuance of the letters. (b) Multiple Representatives. When the court appoints multiple representatives, the court will issue Letters jointly to all of the personal representatives appointed. (c) Confidential Supplement to Duties and Liabilities of Personal Representative. The Confidential Supplement To Duties and Liabilities of Personal Representative form must be submitted by each personal representative and must contain the personal representative s date of birth and driver s license number. This confidential form must not be placed in the public court file. (Rule 4.30 new and effective July 1, 2011) Page 103 of 217

20 4.31 RESERVED 4.32 RESERVED 4.33 RESERVED 4.34 RESERVED PROVISIONS COMMON TO VARIOUS CASE TYPES AND MISCELLANEOUS PROCEEDINGS 4.35 MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR A FIDUCIARY When an attorney files a motion to withdraw as attorney of record for a fiduciary, service must be made by citation. The citation must be served in the manner provided in Code of Civil Procedure sections or If the fiduciary resides outside of California, service may also be made in the manner provided in Code of Civil Procedure section (Rule 4.35 new and effective July 1, 2011) 4.36 NOTICE (a) Party Giving Notice. Where notice is required, counsel must file the notice form and proper proof of service with the court. (b) Undelivered Notice. When notice is returned as undeliverable, the envelope containing such notice must be placed in the court s file. (Rule 4.36 new and effective July 1, 2011) 4.37 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY (a) Caption and Setting. The caption of the petition must reference Probate Code section 850. Because of the 30-day notice requirement in Probate Code section 851, petitions will not be set for hearing sooner than six weeks from the date of filing. If counsel anticipates that there may be difficulties in completing the required service, a later date should be requested to avoid continuances. (b) Notice of Hearing. The notice of hearing must contain the following: (1) A description of the subject property sufficient to provide adequate notice to any party who might be interested in the property. For real property, the notice must state the street address or, if none, a description of the property s location. (2) A statement advising any person interested in the property that he or she may file an answer to the petition. (Rule 4.37 new and effective July 1, 2011) 4.38 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE When a party requests an order approving the sale of personal property, he or she must file an appraisal of the property. An Inventory and Appraisal or a letter appraisal from the probate referee will satisfy this requirement. (Rule 4.38 new and effective July 1, 2011) Page 104 of 217

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