LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

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California Superior Local Rules

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-1 DIVISION 6 PROBATE Rule

Chapter 1.

Effective General Information 600 Application 07/01/08 601.01 Filing Procedures 01/01/16 601.02 Remote and In-Person Proceedings for Probate 04/01/22 601.03 Lodging Voluminous Material for Review 07/01/92 601.04 Vacated 07/01/08 601.05 Captions of Petitions [Repealed] 01/01/17 601.06 Approved Matters and Probate Notes 07/01/08 601.07 Contested Matters [Repealed] 01/01/17 601.08 Continuances 07/01/08 601.09 Advancement of Hearing [Repealed] 01/01/17 601.10 Consolidation with the Lowest Number 07/01/92 601.11 Vacated 07/01/08 601.12 Ex Parte Matters Involving Elder or Dependent Adult 07/01/14 Abuse 601.13 Petitions for Ex Parte Orders 07/01/25 601.14 Probate Orders 07/01/08 601.15 Nunc Pro Tunc Orders Correcting Clerical Errors 07/01/92 601.16 Bonds 07/01/08 601.17 Vacated 07/01/08 601.18 Letters 07/01/92 601.19 Attorneys to Announce their Names [Repealed] 01/01/17 601.20 Vacated 07/01/08 601.21 Motions to be Relieved as Counsel of Record 07/01/08 601.22 Law and Motion Matters 07/01/08 601.23 601.24 Guardians Ad Litem Master Calendar Trial Date 07/01/08 07/01/25

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-2 Rule

Chapter 2. Effective General Notice Requirements 602.01 Notice to Entities 07/01/24 602.02 Additional Notice Requirements [Repealed] 01/01/17 602.03 Vacated 07/01/08 602.04 Vacated 07/01/08 602.05 Vacated 07/01/08 602.06 Notice to Trust Beneficiaries 07/01/92 602.07 Vacated 07/01/08 602.08 Notice when Compensation Requested for Extraordinary Services 07/01/92 602.09 Notice of Petitions Affecting Inheritance Tax 07/01/92

Chapter 3.

Appointment of Personal Representatives 603.01 Special Letters of Administration 07/01/08 603.02 Wills and Codicils as Exhibits to Petition 07/01/08 603.03 Declinations and Consents to Serve 07/01/92 603.04 Allegations in Petitions re Heirs or Devisees 07/01/08 603.05 Allegations in Petitions re Pour Over to Trust 07/01/92 603.06 Request for Authority to Administer Estate under the Independent Administration of Estates Act 07/01/92 603.07 Request for Bond Waiver 01/01/19 603.08 Petitions for Probate Subsequent to Published Notice 07/01/92 603.09 Confidential Supplement to Duties and Liabilities of Personal Representatives 07/01/20 603.10 Notice to Public Administrator 07/01/16 603.11 Proof of Wills by Affidavit or Declaration 07/01/08 603.12 Lost or Destroyed Will [Repealed] 01/01/17 603.13 Bonding of Personal Representatives 07/01/08 603.14 Petition to Set Aside under Probate Code Sections 6600-6615, or for Letters 07/01/92 603.15 Addition of Other Names by which Decedent Was Known 07/01/92

Chapter 4. Probate Referees, Inventories, and Appraisals 604.01 Probate Referees 07/01/08 604.02 Character of Property [Repealed] 01/01/17 604.03 Report of Status of Appraisal 07/01/92 604.04 Appraisal by Independent Expert 07/01/08

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-3 Rule

Chapter 5. Effective Creditors’ Claims 605.01 Form of Claims 07/01/08 605.02 Allowance or Rejection of Claims 07/01/08 605.03 Claims of Representatives and their Attorneys [Repealed] 01/01/17 605.04 Approval of Funeral and Interment Claims 07/01/08 605.05 Payment of Interest on Funeral and Interment Claims 07/01/92 605.06 Claims of Personal Representatives for Reimbursement for Debts of Decedent and Funeral Expenses 07/01/92 605.07 Claims Acted upon by Personal Representatives Acting under Independent Administration of Estates Act 07/01/92 605.08 Special Creditors’ Claims 07/01/08

Chapter 6.

Sales 606.01 Sales of Specifically Devised Property 07/01/92 606.02 Tangible Personal Property must be Appraised before Sale 07/01/92 606.03 Sales of Securities pursuant to Probate Code §10200 07/01/92 606.04 Sales of Cooperatives and Mobile Homes 07/01/08 606.05 Exclusive Listings for the Sale of Real Property 07/01/08 606.06 Compensation to Brokers 07/01/92 606.07 Required Allegations Regarding Efforts to Obtain the Highest and Best Price 07/01/92 606.08 Published Notice and Terms of Sale 07/01/92 606.09 Mailed Notice of Sale 07/01/92 606.10 Real Property Sales – Appraisals 07/01/08 606.11 Conditional Sales of Real Property 07/01/92 606.12 Sales of Real Property where Buyer Assumes or Buys Subject to Existing Encumbrance 07/01/92 606.13 Requests that Petitions Be Continued or Taken Off Calendar 07/01/92 606.14 Vacated 07/01/08 606.15 Proceedings on Overbids on Real Property 07/01/92 606.16 Bonds on Sales of Real Estate 07/01/92 606.17 Order Vacating Sales and Directing Resale 07/01/92 606.18 Order Vacating Sale and Confirming Sale to New Bidder 07/01/92

Chapter 7. Miscellaneous Petitions 607.01 Petitions for Family Allowance 07/01/92 607.02 Petitions for Authority to Borrow Money – Bonds 07/01/92 607.03 Petitions to Determine Title to Real or Personal Property pursuant to Probate Code § 850 07/01/08

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-4 Rule 607.04 Effective Petitions for Permission to Continue Operation of a 607.05 Decedent’s Business Petitions for Determination of Entitlement to Estate Distribution 07/01/92 07/01/08 607.06 Petitions to Vacate Order Fixing Inheritance Tax 07/01/92 607.07 Petitions to Compromise Wrongful Death Claims 07/01/92 607.08 Petitions Filed under the Uniform Transfers to Minors Act (UTMA) 07/01/92 607.09 Petitions to Authorize Medical Treatment for Adult without Conservator 07/01/92 607.10 Spousal Property Petitions (Probate Code Sections 13650 and 13660) 01/01/94 607.11 Petitions for Change of Name [Repealed] 01/01/17

Chapter 8.

Accounts, Compensation, and Distribution 608.01 Required Form of Accounts for Decedent’s Estates and Trusts [Repealed] 01/01/17 608.02 Required Form of Accounts for Conservatorships and Guardianships [Repealed] 01/01/17 608.03 General Information on Compensation 07/01/08 608.04 Accounting for Reserve 07/01/20 608.05 Request for Compensation in Estates Administered under Independent Administration of Estates Act 07/01/92 608.06 Request for Compensation in Decedents’ Estates Lacking Cash for Payment 07/01/92 608.07 Vacated 07/01/08 608.08 Creditors’ Claims 07/01/08 608.09 Administration Costs 07/01/92 608.10 Taxes 07/01/08 608.11 Health Care Benefits 07/01/92 608.12 Vacated 07/01/08 608.13 Election by Spouse to Submit Property to Administration 07/01/92 608.14 Disclaimers 07/01/92 608.15 Vacated 07/01/08 608.16 Distributions to Assignees 07/01/92 608.17 Notice to Trust Beneficiaries 07/01/92 608.18 Vacated 07/01/08 608.19 Orders Dispensing with Accounts in Guardianships and Conservatorships [Repealed] 01/01/17 608.20 Completeness of Petitions, Accounts and Orders 07/01/08

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-5 Rule 608.21 Effective Documents to be on File before Hearing on Petition for Distribution 07/01/92 608.22 Vacated 07/01/08

Chapter 9. Joint Tenancies and Life Estates 609.01 Proceedings Must Be in Name of Decedent 07/01/08 609.02 Separate Petition Preferred 07/01/08 609.03 Hearings [Repealed] 01/01/17 609.04 Inventories Unnecessary 07/01/08 609.05 Attorney Fees 07/01/08

Chapter 10.

Guardianships 610.01 Consolidation of Adoption & Guardianship Proceedings 07/01/92 610.02 Appointment of Temporary Guardian [Repealed] 01/01/17 610.03 Vacated 07/01/08 610.04 Appointment of General Guardian 07/01/08 610.05 Waiver of Investigation and Report 07/01/92 610.06 Vacated 07/01/08 610.07 Guardianship of the Person – Investigation Fees 10/01/93 610.08 Vacated 07/01/08 610.09 Vacated 07/01/08 610.10 Petitions for Appointment of Non-Profit Corporations as Guardians of Minors 07/01/92 610.11 Duties of Guardian – Liability of Parents to Support Child 07/01/08 610.12 Guardians’ Accounts 01/01/18 610.13 Vacated 07/01/08 610.14 Additional Independent Powers 07/01/92 610.15 Bonds for Guardians [Repealed] 01/01/17 610.16 Investments by Guardian 07/01/08 610.17 Vacated 07/01/08 610.18 Deceased Wards – Liquidation of Estate [Repealed] 01/01/17 610.19 Attorneys Appointed for Wards or Proposed Wards [Repealed] 01/01/17

Chapter 11. Conservators 611.01 Appointment of Out-of-State Conservators [Repealed] 01/01/17 611.02 Appointment of Temporary Conservator [Repealed] 01/01/17 611.03 Appointment of General Conservator 07/01/25 611.04 Petition for Appointment of Non-Profit Corporations as Conservators 07/01/92 611.05 Vacated 07/01/08

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-6 Rule 611.06 Effective Capacity to Give Informed Consent for Medical Treatment 07/01/25 611.07 Additional Independent Powers 07/01/92 611.08 Establishing Trusts for Conservatees 07/01/92 611.09 Bonds of Conservators [Repealed] 01/01/17 611.10 Investments by Conservators 07/01/08 611.11 Conservators’ Accounts 07/01/18 611.12 Substituted Judgment 07/01/92 611.13 Petitions to Terminate Conservatorship 07/01/92 611.14 Death of the Conservatee 07/01/08 611.15 Vacated 07/01/08 611.16 Deceased Conservatees – Liquidation of Estate [Repealed] 01/01/17 611.17 Attorneys Appointed for Conservatees or Proposed Conservatees 07/01/92 611.18 Vacated 07/01/08 611.19 Conservator’s Handbook and Orientation Program 07/01/08 611.20 Visitation 07/01/92

Chapter 12. Trusts - Vacated 612.01 Vacated 07/01/08 612.02 Vacated 07/01/08 612.03 Vacated 07/01/08

Chapter 13.

Blocked Accounts in Guardianships, Conservatorships, Decedent’s Estates, and Trusts 613.01 Forms [Repealed] 01/01/17 613.02 General Information on Blocked Accounts 07/01/08 613.03 Deposit of Minors’ Funds in Blocked Accounts (No Guardianship Estate) 07/01/93 613.04 Withdrawal of Funds of Former Minor now 18 Years or Older 07/01/92 613.05 Withdrawals during Minority 07/01/92 613.06 Deposit of Funds of Guardianship Estate in Blocked Account 01/01/22 613.07 Withdrawal of Guardianship Estate Funds from Blocked Account [Repealed] 01/01/17 613.08 Deposit of Decedent’s or Conservatee’s Estate Funds in Blocked Account 07/01/92 613.09 Withdrawal of Decedent’s or Conservatee’s Estate Funds from Blocked Account [Repealed] 01/01/17

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/24) 6-7

Chapter 1 General Information Counsel and self represented parties are advised to refer to the rules applicable to particular proceedings in addition to the general information provided in this

chapter and to refer to California Rules of Court Title 7- Probate Rules. Rule 600. Application The provisions of this division govern all probate matters where not inconsistent with law or with the California Rules of Court.

In addition to these Probate Rules, parties shall comply with all the provisions of the California Rules of Court and all other Orange County Rules of Court and Policies. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.01 Filing Procedures All documents in Probate Division proceedings other than the original documents specified on the Court’s website (www.occourts.org) must be filed electronically. Original documents must be filed in the Clerk’s Office by the close of business on a court day.

Self- represented parties are exempt from the mandatory electronic filing requirement, but are encouraged to participate in electronic filing and service. If a party with a fee waiver files documents electronically, that party is exempt from the fees and costs associated with electronic filing. Documents that are confidential by law should include the word “Confidential” in the caption. If a document is sealed or conditionally sealed, that fact or request should be noted in the Submitter’s Comment Box. Electronically filed documents filed before midnight on a court day will be deemed filed as of that day.

Filing occurs at the time the document is received by the court as specified in the confirmation of receipt that is returned to the filer. Any electronically filed document received by the Court on a noncourt day will be deemed filed on the first court day after it is received. This provision concerns only the effective date of filing; any document that is electronically filed must satisfy all other legal filing deadlines and requirements. This Rule does not affect the timing requirements for any documents that must be filed by a set time on the due date.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/24) 6-8 The electronic filing of documents must be effected using the Court’s electronic service providers. Electronic service provider information is available on the Court’s website (www.occourts.org). (Rule 601.01 revised effective January 1, 2016; Adopted effective July 1, 1992; revised effective July 1, 2008; revised effective January 1, 2014) Rule 601.02 Remote and In-Person Proceedings for Probate (

a) Purpose The purpose of this rule is to provide greater access to justice, promote court efficiency, and facilitate remote and in-person proceedings consistent with Code of Civil Procedure

section 367.75 and California Rules of Court, rule 3.672. This rule sets forth the remote and in-person proceeding protocols for cases pending before the Probate / Mental Health Division of the Orange County Superior Court. (

b) Definitions As used in this rule: 1. “Evidentiary hearing or trial” is any proceeding at which oral testimony may be provided. 2. “Non-evidentiary proceeding” is any proceeding other than an evidentiary hearing or trial. 3. “Oral testimony” is a spoken statement provided under oath and subject to examination. 4. “Party” is any person appearing in an action and that person’s counsel, and any nonparty who may be subject to discovery in the action. 5. “Probate case” means any case regarding a guardianship, probate conservatorship, decedent’s estate, trust petition, fiduciary accounting, or minor’s compromise.

It does not include a case regarding a conservatorship under the Lanterman-Petris-Short Act (an LPS conservatorship), a Reise hearing, or a case regarding an application for an elder or dependent adult abuse protective order. 6. “Proceeding” means a conference, hearing, or any other matter before the court, including an evidentiary hearing or trial. 7. “Remote appearance” or “appear remotely” means the appearance of a party at a proceeding through the use of remote technology. 8. “Remote proceeding” means a proceeding conducted in whole or in part through the use of remote technology.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/24) 6-9 9. “Remote technology” means technology that provides for the transmission of video and audio signals or audio signals alone. This phrase is meant to be interpreted broadly and includes a computer, tablet, telephone, cellphone, or other electronic or communications device. (

c) Appearances in Non-Evidentiary Proceedings in Probate Cases 1. Unless otherwise ordered in a specific case, remote appearances are permitted and encouraged for the convenience of the public and parties for all non-evidentiary proceedings in probate cases. This includes ex parte application hearings where the court permits an appearance. 2. Parties shall provide online notice to the court of their intent to appear remotely by clicking on a court-provided hyperlink on the day of the hearing. By so clicking, that party is also agreeing to appear remotely for that proceeding.

By the commencement of the hearing, parties intending to appear remotely at a non-evidentiary proceeding must provide notice of that intent to all parties entitled to receive notice. Any objections to deficient notice of remote proceeding may be made at the proceeding. 3. A party choosing to appear in person for any non-evidentiary proceeding may do so by appearing in the hearing courtroom at the scheduled time and date. (

d) Appearances in Evidentiary Hearings and Trials in Probate Cases In probate cases, the mode of appearance for an evidentiary hearing or trial will be determined when that evidentiary hearing or trial is set. (

e) Mandatory Settlement Conferences in Probate Cases In probate cases, the mode of appearance for a Mandatory Settlement Conference will be determined at the time the Mandatory Settlement Conference is set. Remote appearances are permitted and encouraged for all Mandatory Settlement Conferences. (

f) Appearances in Mental Health (LPS) Conservatorship Cases When a petition is filed in an LPS conservatorship case, the matters will be set for appearance as noted on the transportation order filed by counsel. The proceeding will take place in person for a filed transportation order which indicates the person will be transported to court. The proceeding will take place remotely for a filed transportation order which indicates an appearance will be remote and will be deemed agreement and notice of intent to appear remotely. (

g) Appearances in Riese Hearings The mode of appearance for Riese hearings will be determined in coordination between counsel, the Riese Hearing Officer, and the Facility. Hearings will be conducted remotely unless counsel for the patient coordinates the in-person setting with the Riese Hearing Officer and the Facility. Whether in-

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-10 person appearances are permitted is subject to the safety protocols of the Facility. (

h) Appearances in Elder or Dependent Adult Abuse Cases 1. Unless the court orders otherwise, remote appearances are permitted and encouraged for elder or dependent adult abuse proceedings. 2. Parties shall provide online notice to the court of their intent to appear remotely by clicking on a court-provided hyperlink on the day of the hearing. By so clicking, that party is also agreeing to appear remotely for that proceeding. By the commencement of the hearing, parties intending to appear remotely at a non-evidentiary proceeding must provide notice of that intent to all parties entitled to receive notice.

Any objections to deficient notice of remote proceeding may be made at the proceeding. 3. A party choosing to appear in person for any elder or dependent adult abuse proceeding can do so by appearing in the hearing courtroom at the scheduled time and date. (

i) Information About Appearing Remotely or In Person Information regarding the ability to appear in person or through the use of remote technology is available on the court’s website https://www.occourts.org/general-information/covid-19- response/probate-mental-health-covid-19-response/probate-hearings. The court’s remote technology system is designed to ensure that all parties, whether appearing remotely or in person, can meaningfully participate in the conference, hearing, proceeding, or trial. (

j) Confidentiality, Privacy and Security Settings 1. Nothing in this rule is intended to modify any other rule, statute, or case law regarding confidentiality or access to confidential proceedings. Confidentiality requirements applicable to LPS conservatorships, Riese hearings, and elder and dependent adult abuse cases are equally applicable to both in-person appearances and remote appearances. 2. Any party appearing remotely must have the necessary privacy and security settings appropriate for the proceeding at which the remote appearance is made. Persons appearing remotely shall ensure that their remote location affords the required level of privacy for the proceeding. (

k) Prohibition of Photography, Broadcasting, Recording, Streaming, and Filming Photography, broadcasting, video recording, audio recording, electronic recording, filming, and streaming of court proceedings, whether in person or remote, is prohibited except as expressly authorized by California Rules of Court, rule 1.150, or Local Rule 180. Violation of this subdivision or Administrative Order 21/12 may result in the imposition of monetary sanctions in

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-11 amounts of up to $1,500 per violation pursuant to Code of Civil Procedure

section 177.5; a citation for contempt in violation of Code of Civil Procedure

section 1209, subdivision (a)(5); prosecution for criminal violations of Penal Code

section 166, subdivisions (a)(3, 4, or 5); and/or other sanctions as provided by law. (

l) Technology or Audibility Issues In the event any party, official reporter, official reporter pro tempore, court interpreter, or other court personnel experiences technology or audibility issues that arise during any remote proceeding, that person is to alert the court by calling the technical support number posted on the court’s website at https://www.occourts.org/directory/probate/. Information about potential technological or audibility issues that can arise and the options for appearing in person and through the use of remote technology are posted on the court website. (

m) Public Access Media and public access to proceedings that are open to the public will be via remote access. Information regarding the procedures to obtain remote public access is available on the court’s website at https://www.occourts.org/directory/probate/. (

n) Effective Dates This rule is effective from April 1, 2022 until July 1, 2023, or until the sunset date of Code of Civil Procedure

section 367.75 if its sunset date is extended beyond July 1, 2023. Rule 601.03 Lodging Voluminous Materials for Review Parties may deposit voluminous documents that need not be part of the permanent court file but that are to be considered for their evidentiary value. The documents may be submitted with a self addressed envelope with sufficient postage for mailing the documents or an attorney service pick up slip. The documentation will be returned to the parties after the hearing.

Documents for which arrangements are not made may be destroyed 30 days after the hearing. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.04 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 601.05 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-12 Rule 601.06 Approved Matters and Probate Notes The probate notes will be updated to reflect any matters pre-approved by the court.

To view notes go to www.occourts.org, click on probate and then on probate notes. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.07 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.08 Continuances When a petition for probate is called for hearing, if an attorney or party appears and orally objects, and it is stated that written objections to the appointment or a will contest will be filed, the Court may continue the hearing.

If the written objections and/or contest is not on file or the objector fails to appear at the new hearing date, the matter will be recommended for approval or proceed to hearing, as appropriate. At the call of the calendar, if objection is taken to any matter on the approved list, and petitioner or petitioner’s counsel is not present, the court may continue the matter to allow the filing of written objections and giving notice thereof to petitioner.

Such continuance shall be made, and petitioner or petitioner’s counsel notified in any case wherein the court proposes to effect a substantial change in the relief sought. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.09 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 601.10 Consolidation with the Lowest Number Whenever it appears that two or more petitions with different number have been filed with reference to the same decedent, conservatee or minor, the court may, on its own motion, consolidate all of the matters with the matter bearing the lowest number.

Where a complete consolidation of proceedings under the Probate Code is ordered, the clerk, unless otherwise ordered by the court, shall file such consolidated proceeding and all subsequent papers relating thereto under the number assigned to the case which was filed first. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-13 Rule 601.11 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 601.12 Ex Parte Matters Involving Elder or Dependent Adult Abuse Notice of Ex Parte Application Notice must be given so that it is received no less than four (4) hours before the time the ex parte matter will be presented to the judicial officer. A party may request that notice be waived by submitting a declaration signed under penalty of perjury which explains facts showing good cause not to give the notice or to give shortened notice.

Notice of an Ex Parte Application must be given by telephone or in writing to the self- represented party or to the opposing attorney. The notice must include a statement of the relief being requested, a statement that the opposing party is entitled to attend the court hearing in person or by an attorney, the specific date and time of the hearing, and the name and address of the court where the Ex Parte Application will be presented.

Applications in cases not assigned to a specific judicial officer must be noticed for appearance in the Probate Clerk’s Office at Central Justice Center, 700 Civic Center Drive West, Santa Ana, California. Rule 601.12 newly adopted effective July 1, 2014. (Adopted effective July 1, 1992; previously repealed effective July, 2008) Rule 601.13 Petitions for Ex Parte Orders The procedures for requests for ex parte orders are posted at www.occourts.org. Click on probate and then click on ex parte procedures.

All ex parte requests must be verified and accompanied by a separate proposed order that is complete in itself (except for forms approved by the Judicial Council). A proposed order is incomplete if it merely states that the petition has been granted. The moving party must submit a Probate Ex Parte Coversheet (L-3033) to provide preliminary information to the Court and to verify that the party has complied with rules applying to ex parte requests. Because no testimony is taken in connection with ex parte requests, the request must contain sufficient evidentiary facts to justify granting the requested relief.

Conclusions or statements of ultimate facts are not sufficient. A foundation should be set forth establishing the affiant’s personal knowledge. (Revised effective July 1, 2025; adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-14 Rule 601.14 Probate Orders The party requesting an order must prepare the order unless otherwise directed by the Court. The orders should be submitted separately and not attached to any other document or pleading. All orders or decrees in probate matters must be complete in themselves (except for forms approved by the Judicial Council).

They shall set forth all matters actually passed on by the court, the date of hearing, the relief granted, the names of persons, and descriptions of property or amounts of money affected, with the same particularity required of judgments in civil matters. All orders must be prepared so that the general effect may be determined without reference to the petition on which it is based. No order shall merely recite that the petition as presented is granted.

All orders calling for distribution to the trustee of a testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in such a manner as to give effect to conditions existing at the time distribution is ordered. For example, pertinent provisions should be set forth in the present tense and in the third person, rather than merely quoting terms of the will verbatim. Counsel are advised to use caution in restating the terms of the will or codicil so as not to create new terms or to confer powers not granted by the court.

The signature line for the court should be as follows: Dated: Judge/Commissioner of Superior Court The signature line should never be on a page by itself. The signature line must always be at the end of the order and not followed by any attachment. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-15 Rule 601.15 Nunc Pro Tunc Orders Correcting Clerical Errors If, through inadvertence, the minute order or the signed order or decree fails to state the order actually made by the court and such inadvertence is brought to the attention of the court by declaration, the court may make a nunc pro tunc order correcting the mistake. Points and authorities are not required.

The nunc pro tunc order must not take the form of an amended order and should be substantially in the following form: In the matter of ) Case No. ) ) NUNC PRO TUNC ORDER ) CORRECTING (insert title ) of order being corrected) ) Upon consideration of the declaration of (insert name of declarant), to correct a clerical error, the (identify the order to be corrected, giving the title and date the incorrect order was signed) is corrected by striking the following (here set out the matter to be eliminated) and by inserting in lieu thereof the following: (here set out the correct matter to be added).

This order is entered nunc pro tunc as of (here insert date the incorrect order was signed). Dated: Judge/Commissioner of Superior Court The original order is not to be physically changed by the clerk but is to be used in connection with the nunc pro tunc order correcting it. To prevent further errors, a complete clause or sentence should be stricken if it is intended to correct only one word or a singlefigure. (Adopted effective July 1, 1992) Rule 601.16 Bonds When a bond must be increased, the court favors the filing of an additional bond rather than a substitute bond.

When the bond must be decreased, a petition for reduction of bond must be filed and set for hearing. The court favors the use of an order decreasing the liability on the existing bond rather than the filing of a substitute bond. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-16 Rule 601.17 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 601.18 Letters Notarization is not required of the written affirmation of letters by a fiduciary, whether subscribed within or without this state. When multiple representatives are appointed by an order which directs that “letters shall issue to them”, the clerk will not allow less than all to qualify and have letters issues separately.

If qualification of less than all is desired, it must be provided in the order or appointment. (Adopted effective July 1, 1992) Rule 601.19 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 601.20 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 601.21 Motions to Be Relieved as Counsel of Record If an attorney wishes to withdraw from a probate proceeding as attorney of record for the estate representative or any other fiduciary, in addition to the requirements under CCP 284 and CRC 3.1362, the attorney must have a citation issued and served on such motion or petition directing the representative to appear before the court to show cause why the motion or petition should not be granted or why the representative has not taken the steps to complete his or her duties. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.22 Law and Motion Matters All rules of the Local Rules – Superior Court of California, County of Orange, and of the California Rules of Court applicable to civil matters also apply in probate law and motion matters except all documents are to be filed in the Probate Division of the Clerk’s Office.

The moving party should contact the courtroom clerk of the department where the matter is set if the law and motion matter is resolved prior to the date set for hearing. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-17 Rule 601.23 Guardians Ad Litem The court, on its own motion or on the request of an interested person, may appoint a guardian ad item in connection with Probate Court matters (Probate Code

section 1003). The petition for appointment may be presented ex parte in accordance with the procedures for other ex parte orders, or may be set for hearing with appropriate notices given. A guardian ad litem may be appointed even where the person has a guardian or conservator of the estate if it is deemed by the court expedient to do so. The petition should suggest an independent individual to be appointed as guardian ad litem, or request that the court choose an individual in its discretion. If left to the discretion of the court, the court prefers to appoint an attorney who can act as his or her own counsel.

The court shall determine fees to the guardian ad litem, as appropriate, and determine from what source such fees will be paid. The court prefers to award such fees at the termination of the guardian ad litem’s representation. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 601.24 Master Calendar Trial Date Unless otherwise directed by the court, all matters will be set for trial on a master trial calendar. On the master calendar trial date, the judicial officer will determine if the matter is ready to proceed to trial and, if so, assign it to a judicial officer for trial.

No later than five (5) court days before the master calendar trial date, the parties and trial counsel (if any) shall submit to the court, a Master Calendar Trial Setting Statement (Local Form L- 3041). If the parties cannot agree to a jointly submitted Master Calendar Trial Setting Statement then each party must file individual statements. Unless otherwise directed by the court, all trial counsel and parties must attend the master calendar trial date. Any party or counsel may appear at the hearing remotely, unless the court orders an in-person appearance, or when one is required by law.

Failure of any party to comply with this rule may result in the trial being continued and/or the court setting an Order to Show Cause as to why the non-compliant party or counsel should not be sanctioned under any applicable statute or rule, including, but not limited to Code of Civil Procedure

section 177.5. (Adopted effective July 1, 2025)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-18

Chapter 2 General Notice Requirements Rule 602.01. Notice to Entities Where notice to an entity is required in any proceeding under the Probate Code, including but not limited to an estate or trust case, notice must be given to either the registered agent for service of process or to a natural person authorized to receive notice on behalf of the entity. The relevant petition, form, supplement, or proof of service must include the entity’s name, the name of the agent or other authorized natural person, the person’s title, and the person’s address.

The term “entity” as used in this local rule includes, but is not limited to, any corporation, charity, organization, company, municipality, public agency, private agency, or limited liability company. (Adopted effective July 1, 2024) Rule 602.02 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 602.03 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 602.04 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 602.05 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 602.06 Notice to Trust Beneficiaries If a personal representative presents an account or petition that affects the interest of a beneficiary of a trust, and the representative is either named to act or acting as the sole trustee, then the Court will require notice to the beneficiaries as required by Probate Code

section 1208. In addition, the notice should be accompanied by a copy of the petition or account. If the petitioner in a petition to determine succession to real property or spousal property petition is also the trustee of a trust that is a devisee under the will, notice of the petition must be given to the trust beneficiaries pursuant to Probate Code sections 13152(a)(7) and 13655(b)(2), respectively. In addition, the notice should be accompanied by a copy of the petition.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-19 In appropriate circumstances the Court may require the appointment of and notice to a guardian ad litem for potential beneficiaries if their interests might diverge significantly from those of the beneficiaries who are in being. (Adopted effective July 1, 1992) Rule 602.07 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 602.08 Notice when Compensation Requested for Extraordinary Services In every case in which there is a request for compensation for extraordinary services totaling in excess of $1,000.00, the notice must include, in addition to the time and place of hearing, a

summary of the matters to be determined, including a statement of the amount of compensation requested for extraordinary services; or, alternatively, a copy of the petition must be served with the notice.

If a copy of the petition is served with the notice, the proof of such service should contain an allegation to that effect, but a copy of the petition should not be attached to the original proof of service which is filed with the court. (Adopted effective July 1, 1992) Rule 602.09 Notice of Petitions Affecting Inheritance Tax For estates of decedents dying before June 8, 1982, in every instance in which a petition is filed which, if granted, could possibly affect the inheritance tax paid or to be paid, notice of the hearing and a copy of the petition must be given to the State Controller. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-20

Chapter 3 Appointment of PersonalRepresentatives Rule 603.01 Special Letters of Administration A separate Judicial Council form must be used for a petition for special letters of administration, and the petition may not be combined with a petition for the appointment of a general personal representative.

Petitions for special letters of administration may be applied for on an ex parte basis, however, they ordinarily will not be granted without a written notice (five day personal service) to (or written waiver of notice by) the surviving spouse, the person nominated as executor, any person of higher or equal priority as administrator, or any other person who appears to the court to be equitably entitled to notice. For procedures for applying for appointment for a special administrator, go to www.occourts.org , click on Probate, then click on ex parte procedures.

In making the appointment, preference is ordinarily given to the person entitled to letters testamentary or of administration, but if it appears that a bona fide dispute or contest exists, the court may require appointment of a neutral party as special administrator, upon filing of a proper petition. All heirs and devisees must be listed as set forth in Rule 603.04. The need for appointment and special powers requested should be set forth with particularity in the attachments to the petition.

The special powers should be included in the attachment to the petition and included in the proposed order. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 603.02 Wills and Codicils as Exhibits to Petition When a petition for probate of will or codicil is filed, the original of the instrument being offered for probate shall be filed prior to or concurrently with the petition, and a copy of the instrument marked as an exhibit shall be attached to the petition.

If the original of the instruments being offered for probate has been lost or destroyed, the petition for probate shall include a declaration regarding the circumstances of the inability to file the original instrument. If the instrument is holographic or handwritten, a typewritten copy of the instrument must also accompany the petition. (See Probate Code

section 8002(b)(1). If the instrument is written in a language other than English, it must be accompanied by a copy translated into English and a declaration that the copy is a true translation. (See Probate Code

section 8002(b)(2). The declaration shall describe the qualifications of the translator and be signed by the translator. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-21 Rule 603.03 Declinations and Consents to Serve If the person or entity named as personal representative in the decedent’s will declines to act as such, then a written declination to act, signed by the person or entity must be filed with the court. If the written declination is not filed, the petition should indicate the reason.

Where a petition seeks the appointment as personal representative of one or more persons who are not petitioners, a consent to serve as personal representative must be filed for each non-petitioning proposed personal representative. (Adopted effective July 1, 1992) Rule 603.04 Allegations in Petitions re Heirs or Devisees In petitions for probate of will or for letters of administration, the existence or nonexistence of all separate property and community property heirs or classes of heirs who might be entitled to share in the distribution of the estate should be specifically alleged, whether the estate consists of separate or community property or both.

The nominated trustee of a trust created by a will or a custodian designated for a minor in a will shall be listed as a devisee. If the will presented for probate has a “pour over” provision to a living trust, each trustee shall be listed as a devisee. A beneficiary of either a living or testamentary trust is not a devisee and need not be listed unless the personal representative and the trustee are the same person or there is no trustee. (Probate Code

section 1208) If an heir or devisee dies after the decedent and a personal representative has been appointed, the name of the deceased heir or devisee should be listed with a notation that the person is deceased in the list of heirs and devisees. This should be followed by the name and address of the personal representative. For example: John Doe (deceased) / Jack Smith, Executor of the estate of John Doe, 123 Main Street, Everytown, CA 90000. Notice of hearing must be served by mail at least 15 days before the hearing on the personal representative.

If no personal representative has been appointed, the heir or devisee should be listed as deceased and an allegation made that no personal representative has been appointed. In such event, no notice need be given by mail on behalf of that heir or devisee. All heirs and devisees, including contingent devisees, must be listed in the petition so they will receive notice by mail of the hearing. This includes persons provided for in the original will but whose legacies have been revoked in a subsequent codicil.

When second generation heirs are listed, the deceased ancestor through which they take shall be named, along with the deceased ancestor’s relationship to the decedent.

When listing an heir or devisee who is a minor, the minor’s date of birth should be indicated so that it can be ascertained if the minor will attain majority during administration. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 603.05 Allegations in Petitions re Pour Over to Trust If the will presented for probate has a “pour over” provision to a trust (other than a trust created in the instrument being offered for probate), the petition for probate must allege whether such trust was executed after, before or concurrently with the execution of the testator’s will or

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-22 relevant codicil and whether said trust was thereafter revoked or not. (See Probate Code

section 6300) (Adopted effective July 1, 1992) Rule 603.06 Request for Authority to Administer Estate under the Independent Administration of Estates Act If authority is requested to administer the estate under the Independent Administration of Estates Act at the time a petition for probate is filed and the notice published does not so state, the deficiency may not be corrected without a new publication.

The court will either continue the matter for republication or deny the request for Independent Administration of Estates Act powers without prejudice. (Adopted effective July 1, 1992) Rule 603.07 Request for Bond Waiver In all cases where a waiver of bond is being requested for a personal representative of a decedent’s estate, the petitioner must submit a declaration using mandatory local form L-0758 setting forth the following information:

(1) An estimate of any federal, state, or property tax liabilities of the estate;

(2) An estimate of the total maximum potential liability of the estate to any known or reasonably ascertainable potential unsecured creditors of the estate, including any known contingent liabilities;

(3) Whether the estate is expected to be solvent;

(4) The names and addresses of any known or reasonably ascertainable potential unsecured creditors of the estate, including known contingent liabilities; and

(5) A detailed description of the efforts taken to obtain the information required by this rule. (Adopted effective January 1, 2019) Rule 603.08 Petitions for Probate Subsequent to Published Notice The first published and mailed Notice of Petition to Administer under Probate Code

section 8100 is sufficient to include all instruments which are offered for probate and specifically referred to in the petition for which notice is given. Any other wills or codicils must be presented to the court by way of an amended petition or a second petition, and a new notice must be published and mailed. The shortened Notice of Petition to Administer provided for in Probate Code

section 8125 should only be used when letters granting general powers have already issued. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-23 Rule 603.09 Confidential Supplement to Duties and Liabilities of Personal Representative The Judicial Council Form DE-147S Confidential Statement of Birth Date and Driver’s License Number must be filed by each personal representative and must contain the personal representative’s date of birth and driver’s license number. This form shall be filed as confidential and shall not be released to anyone absent a court order.

The court shall maintain the form in a manner that will protect its confidentiality. (Adopted effective July 1, 2020, previous rule repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 603.10 Notice to Public Administrator In petitions for probate of will or for letters of administration, if it is not clear from the petition that the nominated personal representative is entitled to priority of appointment over the Public Administrator under Probate Code sections 8441 through 8467, the Court will require notice to be given to the Orange County District Attorney - Public Administrator. (Revised effective July 1, 2016; adopted effective July 1, 1992) Rule 603.11 Proof of Wills by Affidavit or Declaration If the attestation clause in a formal will contains allegations that satisfy the provisions of Probate Code

section 6113 and is signed under penalty of perjury in accordance with Code of Civil Procedure

section 2015.5, then the will is self-proving in uncontested proceedings and can be admitted to probate without an affidavit or declaration by a subscribing witness. If any alterations appear on the will, evidence of when they were made and by whom must be presented. In uncontested proceedings, wills that are not self-proving must be proved by use of the Judicial Council form rather than by testimony.

If the photocopy of the will attached to the declaration has been made by the clerk’s office after the original will has been filed, it will then reflect the clerk’s file stamp and will be presumed to be a true copy without further proof thereof. If such photocopy is not made by the clerk, it must bear the Clerk’s certification or a certification under penalty of perjury by the attorney of record that such copy is a true copy of the will filed for probate. Certification by an attorney must be dated on or after the date the will was filed.

Persons acting in propria persona who are not attorneys at law may not certify the copy of the will. Except in the case of self-proving instruments, a separate declaration of proof must be submitted for each testamentary instrument, except that when a codicil expressly republishes the will, proof of the execution of the codicil may be deemed sufficient. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 603.12 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-24 Rule 603.13 Bonding of Personal Representatives All petitions must state the character and estimated value of the estate and the probable income. An individual must post bond unless waived by will or by all devisees of decedent’s will or, if there is no will, by all of the decedent’s heirs. If a devisee is a living trust, the acting trustee may waive bond, but only if the trustee is not the personal representative. If the trustee is the personal representative, then all beneficiaries of the living trust must waive bond.

If a deposit is made to reduce the bond under the provisions of the Financial Code or Probate Code

section 8483 then it must be made jointly by all personal representatives (including corporate fiduciaries). See Rule 613.08 for procedure in requesting a blocked account in lieu of bond.

The court will not accept a waiver from or on behalf of a minor unless the person giving the waiver is the guardian of the minor’s estate and a certified copy of the guardian’s letters issued within 60 days of date of hearing is attached to the waiver. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 603.14 Petition to Set Aside under Probate Code Sections 6600-6615, or for Letters A petition to set aside under Probate Code sections 6600-6615 may be filed as a separate petition or may be worded in the alternative, i.e., the petition may pray for admission of the will and for letters testamentary, or for letters of administration, if the petition to set aside should be denied.

If filed in the alternative, then publication must be made pursuant to Probate Code

section 8121. If a petition to set aside is filed separately and concurrently with a petition for admission of the will or for letters of administration, the petitions should be set for hearing at the same time.

On the hearing of a petition to set aside, an inventory and appraisement must be filed five calendar days before the hearing. (Adopted effective July 1, 1992) Rule 603.15 Addition of Other Names by which Decedent was Known Petitions to add another name by which the decedent was known, or to add the name of a sole proprietorship under which the decedent was doing business, may be presented ex parte or by noticed hearing.

If the Notice of Administration is republished to add another name or the name of a sole proprietorship under which the decedent was doing business, the cost of the republication is a cost of administration. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-25

Chapter 4 Probate Referees, Inventories andAppraisals Rule 604.01 Probate Referees In all proceedings in which a probate referee is to be designated by the court, one of the referees shall be designated as follows: A. A request by the personal representative for the designation of a specific probate referee on a showing of good cause pursuant to Probate Code

section 8921 may be submitted ex parte. The request must be presented on Orange County Form 906. B. Except where the court has designated a specific probate referee on the request of the personal representative pursuant to Probate Code

section 8921, the clerk shall draw by lot the name of one of the probate referees, who shall thereafter be designated by the court. One referee is to be designated for matters pertaining to each proceeding. Any variation in the manner of designation of referees shall be made only by the probate judge. C. In the case of petitions to establish fact of death and spousal/domestic partner property petitions, if designation of a referee is required, a separate order designating the referee should be presented.

In the case of petitions for probate which are not joined with spousal/domestic partner property petitions, the order designating the referee is a part of the order for probate. D. In cases where it is necessary to initiate a subsequent proceeding concerning the same decedent, a new order for designation of a probate referee must be made in the new proceeding. If the attorney desires the designation of the same referee who was designated in the prior proceeding, the attorney should make a written request therefore to the court pursuant to Probate Code

section 8921. E. In cases where the designated probate referee retires or dies and no successor probate referee is designated by the court, the representative shall submit Orange County Form 42 to the clerk in the Probate Division to obtain the designation of a successor.

In all proceedings in which the probate referee is not to be selected by the court (Probate Code sections 13100 et seq., 13150 et seq., and 13200 et seq.), the petitioner or declarant, as the case may be, can select a referee who has been appointed to appraise property in Orange County from a list maintained by the Probate Division of the Clerk’s Office. If real property is to be appraised, the referee must be selected from those appointed to appraise property in the county where the real property is located. In all proceedings in which the personal representative exercises the right, pursuant to Probate Code

section 8924(a)(2), to remove the first probate referee designated by the court, the

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-26 representative shall submit Orange County Form 905. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 604.02 Repeal (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 604.03 Report of Status of Appraisal In each instance where the probate referee is required to make a report of the status of an appraisal pursuant to Probate Code

section 8940(b)(2), such report shall be submitted on Orange County Form 907. (Adopted effective July 1, 1992) Rule 604.04 Appraisal by Independent Expert Where the personal representative has elected to have an item appraised by an independent expert per Probate Code

section 8904, the representative shall prepare a separate and distinct Attachment 2 (in addition to the Attachment 1 listing the property appraised by the representative) which lists all items appraised by the independent expert. At the end of this attachment there shall be a declaration by the independent expert in the following form: Declaration of Independent Expert I have truly, honestly, and impartially appraised, to the best of my ability, each item set forth on this Attachment 2. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: (Type or Print Name) (Signature of Independent Expert) (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-27

Chapter 5 Creditor’s Claims Rule 605.01 Form of Claims A. Notice to Creditors Notice of Administration must be given to all known or reasonably ascertainable creditors. This notice must be filed with the court prior to or with the filing of a petition for distribution. B. Form of Claims Judicial Council Creditor’s Claim Form DE-172 must be filed by claimants in all cases commenced on or after July 1, 1988. Amended claims and revised claims shall be filed in the same manner as the original claims.

Documentary support of all claims must be attached to the claim in accordance with Probate Code sections 9151 and 9152. Where the documentary support is lengthy, claimants should lodge their exhibits with the clerk of the probate department for review by the court, and make arrangements for their return to the claimant when the court has completed its action on the claim. See Rule 601.03. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 605.02 Allowance or Rejection of Claims Counsel are advised to review the court file for creditors’ claims before filing the final accounting.

If Form DE-174 on an allowed creditor’s claim is presented for action by the court and the court requires additional or corrective action by the claimant or estate representative, the attorney for the representative will be notified by letter and the Form DE-174 suspended 60 days. If no response is received by the end of the suspense period, the Form DE-174 will be returned without action by the court.

If a personal representative is acting under the Independent Administration of Estates Act, and no action by the Court is being requested on the Form DE-174, the place provided for allowance or rejection by the judge should be endorsed with a statement in substantially the following form: “No Court Action Required.” (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-28 Rule 605.03 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 605.04 Approval of Funeral and Interment Claims In acting upon creditor’s claims for decedent’s funeral and interment, the court is bound by Estate of Malgor (1947) 77 Cal.App.2d 535 and other decisions to disallow unreasonably large claims. All creditor’s claims for funeral expenses must contain a statement setting forth the estimated value of the estate.

Ordinarily funeral creditors’ claims approved by the representative which are reasonable on their face will be approved by the court.

Claims unusually large on their face will not be approved until the time for the filing of creditors’ claims has expired and it appears that the estate is solvent, unless an affidavit is filed by the representative setting forth facts which justify a larger expenditure by reason of the value of the estate and the standard of living of the decedent. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 605.05 Payment of Interest on Funeral and Interment Claims When accrued interest has been paid in connection with the delayed payment of claims for the reasonable cost of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken setting forth reasons for any delay in making payment.

The court will not allow credit for payment of interest where the delay in payment of claims is not justified by the facts set forth. Interest on funeral and interment creditors’ claims will only be allowed as provided by Health and Safety Code

section 7101. (Adopted effective July 1, 1992) Rule 605.06 Claims of Personal Representatives for Reimbursement for Debts of Decedent and Funeral Expenses Debts of decedent incurred prior to death and funeral expenses paid by representatives from their own funds for which they seek reimbursement must be submitted as formal creditor’s claims, presented and filed in the usual way and supported by a receipt or other sufficient evidence of payment by the representative. Such claim must be presented to the court for allowance or rejection within the statutory period for presentation of claims.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-29 Administration expenses advanced by the representative do not require the submission of a creditor’s claim. (Adopted effective July 1, 1992) Rule 605.07 Claims Acted Upon by Personal Representatives Acting Under Independent Administration of Estates Act A

schedule of all claims acted upon by the personal representative acting under the Independent Administration of Estates Act prior to Court approval must be listed in any petition for distribution showing the name of the claimant, the amount claimed, the date presented, the date allowed and, if paid, the date and amount of payment. As to any claims rejected, the date of rejection must be set forth and the original notice of rejection with proof of mailing to the creditor must be filed. The petition must also contain an allegation that all debts paid were legally enforceable claims against the estate.

See Rule 608.08. (Adopted effective July 1, 1992) Rule 605.08 Special Creditors’ Claims Public entities’ creditor’s claims may be barred only after actual notice is sent to the entity and the applicable claim period has expired. Notice to the Director of Health Care Services for Medi-Cal claims must comply with Probate Code

section 9202 and Welfare and Institutions Code

section 14009.5. (Adopted effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-30

Chapter 6 Sales Rule 606.01 Sales of Specifically Devised Property On a sale of specifically devised real or personal property, 15 days notice of the time and place of hearing of the petition for confirmation and copy of the petition must be given to the devisee or the devisee’s consent to such sale must be filed. (Adopted effective July 1, 1992) Rule 606.02 Tangible Personal Property Must Be Appraised Before Sale Sales of tangible personal property will not ordinarily be approved or confirmed by the court unless the property has been appraised.

If necessary, a partial inventory and appraisal or a letter appraisal from the probate referee shall be filed. (Adopted effective July 1, 1992) Rule 606.03 Sales of Securities Pursuant to Probate Code

Section 10200 The following securities need not be appraised before their sale may be authorized by the court: A. Securities sold on an established stock or bond exchange; B. National market system securities on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer; and C. Securities surrendered for redemption conversion.

In all petitions for the sale of securities listed on an established stock or bond exchange, the specific exchange on which such securities are traded, listed and reported must be set forth. For example: NYSE; AMEX; and in the case of over the counter sales, NASDAQ. In petitions for sale of unlisted securities, the recent bid and asked prices must be set forth (the foregoing notwithstanding, see Rule 606.04, below, with regard to the sale of shares in a cooperative).

Petitions for sale of mutual funds redeemable by the issuer at net asset value need only allege that the shares will be redeemed for the net asset value per share on the date of redemption. If securities are “closely held,” the petition should furnish the basis (by appraisal or otherwise) for fixing the minimum sales price. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-31 Rule 606.04 Sales of Cooperatives and Mobile Homes Sales of cooperatives (such as residential property where ownership is transferred by transfer of a stock certificate) may be sold as personal property under Probate Code

section 10252 if the estate will incur loss or expense by keeping the property or, alternatively, may be sold under Probate Code

section 10200 as a security. Similarly, the court may approve sales of mobile homes as depreciating property under Probate Code

section 10252. A. If a Judicial Council form is used, the court prefers that Judicial Council Form DE-275 (Ex Parte Petition for Approval of Sale of Personal Property) be used, and the information regarding broker’s compensation, if any, included. If Judicial Council Form DE-270 (Ex Parte Petition for Authority to Sell Securities and Order) is used, the following information should be included: 1. the names of the purchasers; 2. the sale price; 3. the appraised value; and 4. the broker’s compensation, if any. B. Appraisals of the assets being sold will be required.

If the cooperative or mobile home is the conservatee’s residence or former residence, the appraisal date must be within six months of the date the petition is submitted or a current reappraisal of property should be submitted with the petition. If the sale price is not at least 90% of the appraised value, a declaration by the broker or other person responsible for exposing the property to the market should be submitted with the petition, explaining the exposure and why the sale price is the best that can be obtained. C.

Petitions may be considered by the court ex parte if no requests for special notice are on file or waivers of notice are submitted. If the cooperative or mobile home is the conservatee’s residence or former residence, the court will not consider the petition ex parte; rather, it requires a petition for confirmation to be set for hearing notice. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 606.05 Exclusive Listings for the Sale of Real Property In addition to the requirements in CRC rule 7.453: A.

In all cases, the order shall provide that reasonable compensation to a broker will be determined by the court at the time of confirmation of sale. B. If the representative is acting under Probate Code sections 10500-10600, court authority is not required to give an exclusive listing. C. In all conservatorships in which it is proposed to list for sale the family residence, unless the conservator has been granted the power to sell such real property pursuant to Probate Code

section 2590, the petition shall contain sufficient allegations to satisfy the requirements of Probate Code

section 2540(b). (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-32 Rule 606.06 Compensation to Brokers The compensation to which a broker is entitled is governed by the provisions of the Probate Code (Probate Code sections 10160-10168).

Upon confirmation of the sale of real property, the court will not allow compensation to a broker in excess of six percent (6%) unless justified by exceptional circumstances. (Adopted effective July 1, 1992) Rule 606.07 Required Allegations Regarding Efforts to Obtain the Highest and BestPrice In explanation of petitioner’s efforts to obtain the highest and best price, the exposure of the real property to the market must be set forth. The petition shall include the following information: A. Whether or not the property was listed with a broker.

If so, the type of listing and whether the property was placed in multiple listing; B. The extent of advertising and the method (newspapers, signs, etc.). If a newspaper was used, the number of publications and period of time it was advertised; C. The number of open houses held, if any; D. The number of caravans from the listing broker’s own office and the number of caravans from other offices, if any; and E. The total period of time the property was exposed for sale prior to the acceptance of the offer.

If this information is not included in the petition for confirmation the court may require the matter to be continued unless a verified supplement is filed by 4:00 p.m. at least four court days before the hearing. (Adopted effective July 1, 1992) Rule 606.08 Published Notice and Terms of Sale Unless a will directs sale or grants an executor the authority to sell real property of the estate (Probate Code

section 10303), a publication of notice of sale of real property is required. A power of sale given by a will to a named executor does not extend to an administrator with will annexed, unless the sale is required by the will (Probate Code

section 8442). If notice of sale is published, any sale must be in substantial accordance with its terms. A sale of real property may not be made before the date stated in the notice of sale. The published notice of sale of real property constitutes a solicitation for offers. A petition must not be filed and an offer must not be accepted prior to the date of sale specified in the published notice. If this is done, the sale will be denied. When the personal representative accepts an offer and files a petition for confirmation of sale, there cannot be a material variance in the terms of sale as between the notice and the

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-33 petition. Also, if the notice solicits cash offers only, the court cannot confirm a sale on terms other than cash. In conservatorships and guardianships, absent an order under Probate Code

section 2591(

d) granting the conservator or guardian the independent power to sell real property of the estate, publication shall be required. (Adopted effective July 1, 1992) Rule 606.09 Mailed Notice of Sale In the event of sales for other than all cash (where distribution of promissory notes, etc., which arise out of the sale may be made in kind) the court will require that notice of the hearing for confirmation, together with a copy of the petition for confirmation, be served by mail on the heirs or devisees who would receive the property at least fifteen days before the hearing.

In a conservatorship, notice shall be given to the conservatee by serving the conservatee with a copy of the petition for confirmation of sale and a notice of hearing at least fifteen days before the hearing. In a guardianship, notice shall be given to all minor wards age fourteen or older by serving a copy of the petition for confirmation and notice of hearing by mail on them at least fifteen days before the hearing. For all sales, notice of hearing and a copy of the petition must also be served by mail at least fifteen days before the hearing on each of the proposed purchasers.

See Rule 602.01 Requiring Direct Notice. Proof of the service of such notices must be filed in the Probate Division of the Clerk’s Office at least four court days before the hearing or the matter may be continued. (Adopted effective July 1, 1992) Rule 606.10 Real Property Sales – Appraisals As provided in Probate Code

section 10309, real property must be appraised within one year of the date of the confirmation hearing. As provided in Probate Code

section 2543, if the real property to be sold is the conservatee’s personal residence or former personal residence, it must be appraised within six months prior to the date of the confirmation hearing, unless the court finds that it is in the best interest of the conservatee to rely on an Appraisal that is more than six months prior to the confirmation hearing.

The valuation date of the original inventory and appraisal is, in the case of a decedent’s estate, the decedent’s date of death and in the case of a guardianship or conservatorship, the date of the appointment of the guardian or conservator, regardless of when the appraisal is actually made. Thus, a reappraisal is required for purposes of sale if the date of the confirmation hearing is more than one year after the decedent’s death or the date of appointment of the guardian or conservator.

If no inventory and appraisal has been filed, a partial inventory and appraisal may be filed for this purpose, or a letter appraisal obtained from the probate referee appointed for the estate which states the current appraised value of the property and the date appraised. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-34 Rule 606.11 Conditional Sales of Real Property Counsel are encouraged by the court not to return a sale of real property which is conditioned upon the occurrence of a subsequent event (such as obtaining financing, changing zoning, or obtaining approval from an environmental control board).

However, if unusual and extraordinary circumstances exist, and it is necessary and advantageous to the estate, such sales may be returned. (Adopted effective July 1, 1992) Rule 606.12 Sales of Real Property Where Buyer Assumes or Buys Subject toExisting Encumbrance Sales of real estate will not ordinarily be confirmed where the buyer assumes or takes subject to an existing encumbrance if the estate is subject to a contingent liability.

The return should set forth the facts pertinent to such assumption agreement. (Adopted effective July 1, 1992) Rule 606.13 Requests That Petitions Be Continued or Taken Off Calendar Subject to change on order of the probate judge, one continuance on the hearing will ordinarily be granted for petitions for confirmation of sale if good cause is communicated prior to the hearing by the attorney to the probate examiner, or at the hearing to the court. Any request for a second continuance will require an appearance by the attorney and determination by the court at the time of hearing.

No petition for confirmation will be taken off calendar by anyone other than the court.

The attorney will always be required to appear at the hearing and request the court to take the matter off calendar, because there may be persons at the hearing who wish to bid on the subject property. (Adopted effective July 1, 1992) Rule 606.14 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 606.15 Proceedings on Overbids on Real Property In the event there is an overbid made in court on the confirmation for sale of real property, the court will inquire of the estate representative and attorney as to their efforts to notify the original bidder concerning the date of the hearing on the petition for said confirmation, and of the necessity of their presence at court to protect their original bid.

The court may continue the hearing for appropriate notice if it finds that the original bidder was not properly notified and might desire to protect his/her bid. Counsel should be prepared to advise the court as to acceptable terms and conditions of sale if there is an overbid on terms other than all cash.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-35 If the sale returned for confirmation is upon credit, a higher offer made to the court pursuant to Probate Code

section 10311, either for cash or upon credit, whether on the same or different credit terms, shall be considered only if the personal representative, in person or by counsel, informs the court prior to confirmation of the sale that the offer is acceptable. If the sale returned for confirmation is for cash and a higher offer made to the court pursuant to Probate Code

section 10311 is upon credit, the offer shall be considered only if the personal representative, in person or by counsel, informs the court prior to confirmation of the sale that the offer is acceptable. Where there is successful overbid in open court on a sale of real property, counsel must complete, and the successful bidder must execute, an “Increased Bid in Open Court” form.

The order will not be signed unless the form is filed with the court. (Adopted effective July 1, 1992) Rule 606.16 Bonds on Sales of Real Estate Petitions for confirmation of sale of real property should set forth the amount of bond in force at the time of sale, and the amount of the property in the estate which should be covered by a bond (as provided in Probate Code sections 2320 and 8482(c)). A secured promissory note taken as part of the consideration is personal property and an additional bond must be fixed in the amount of such note, plus whatever cash is paid.

If additional bond is required, or if no additional bond is required, or if bond is waived, that fact must be alleged. (Adopted effective July 1, 1992) Rule 606.17 Order Vacating Sale and Directing Resale In the event of buyers’ default, the order confirming sale may be vacated under Probate Code

section 10350. In the absence of an order prescribing notice, written notice of hearing shall be mailed at least 15 days before the scheduled hearing to: A. Defaulting purchasers unless, before the hearing, written consents to the vacation are filed with court: B. Brokers awarded compensation on the sale to be vacated; C. All heirs at law or devisees under the will; and D. All persons who have given notice of appearance or requested special notice. If an order vacating sale is entered, the property must be resold as in the first instance, except as provided under Probate Code

section 10351. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-36 Rule 606.18 Order Vacating Sale and Confirming Sale to New Bidder Upon the buyers’ default, if 60 days have not elapsed since the original confirmation of sale, and a bid is received in the same or better terms, the court can vacate the original order and confirm the sale to new buyers without requirement of new publication of notice. Probate Code

section 10351. In the absence of an order prescribing notice, written notice of the hearing of a petition under Probate Code

section 10351 shall be mailed at least 15 days before the scheduled hearing to: A. Defaulting purchasers unless, before the hearing, written consents to the vacation of the order confirming the prior sale are filed with court; B. Brokers awarded compensation, if different than the brokers on resale; and C. All persons who have given notice of appearance or requested special notice. A petition pursuant to Probate Code

section 10351 may be heard ex parte upon presentation of the consents of all defaulting purchasers and waivers of notice by everyone else entitled to notice. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-37

Chapter 7 Miscellaneous Petitions Rule 607.01 Petitions for Family Allowance A petition for family allowance for the surviving spouse, minor children of the decedent, or physically or mentally incapacitated adult children of the decedent who were dependent on the decedent for support, if made before the filing of the inventory and within six months from the qualification of the personal representative, may be presented ex parte. Ordinarily, the ex parte order for family allowance will be made for a period commencing with the date of death and continuing until the inventory is filed, but not to exceed six months.

When the petitioner is not the personal representative, consent to the allowance or a waiver of notice by the representative must accompany the petition. In all other cases the petition for family allowance should be noticed and set for hearing on the calendar. Known creditors should be given notice and a copy of the petition. The order will be limited to a definite period, usually not to exceed 12 months. The court will not make an order for family allowance for an unlimited period.

A petition seeking in excess of one thousand dollars ($1,000.00) per month must contain an itemized estimate of all anticipated monthly expenses, an estimate of the gross and net estate and an estimate of the dollar amount of unpaid claims. Such itemization is preferred in all cases, and may be required with respect to petitions seeking lesser amounts. A petition containing an itemized expenditure for real or personal property must include a statement explaining how title to the property is vested.

In addition, a petition which requests an allowance for a spouse, parent, or adult child who is not incapacitated must contain statements setting forth all income from sources outside the estate, and an itemized description of such person’s property. If the estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a reasonable family allowance in accordance with Probate Code

section 10535. (Adopted effective July 1, 1992) Rule 607.02 Petitions for Authority to Borrow Money – Bonds A petition for authority to borrow money should state, in addition to the matters set forth in Probate Code

section 9802 (b), the identity of the lender, the net amount the estate expects to receive, the amount of bond in force, and if bond is required, the amount by which the bond should be increased. If no additional bond is required, or if bond is waived, that fact should be alleged. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-38 Rule 607.03 Petitions to Determine Title to Real or Personal Property pursuant to Probate Code

Section 850 A petition pursuant to Probate Code

section 850 should be so captioned to alert the clerk to set the petition for hearing at least 40 days from the date of filing. If difficulties in service of required notices of hearing are anticipated, attorneys are asked to request a later hearing date so as to avoid continuance of the hearing date. The description of the property in the petition must be sufficient to give adequate notice to any interested party. The description of any real property shall include the street address or, if none, an indication of the location of the property.

A copy of the petition must be served with the notice of hearing. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 607.04 Petitions for Permission to Continue Operation of Decedent’s Business In addition to the notice prescribed by Probate Code

section 9760 for petitions for permission to continue the operation of a decedent’s business, notice of the time and place of the hearing shall be mailed to all heirs or devisees at least 15 days prior to the time set for the hearing. (Adopted effective July 1, 1992) Rule 607.05 Petitions for Determination of Entitlement to Estate Distribution A petition under Probate Code sections 11700 et seq. may include a request for an

interpretation of the will. The order determining entitlement to estate distribution should provide for complete resolution of the issues raised by the pleadings. Counsel should review the following two cases for guidance in this regard: Bodine v. Superior Court (1962) 209 Cal.App.2d 354 [26 Cal.Rptr.260]; and Estate of Brissel (1963) 218 Cal.App.2d 841 [32 Cal.Rptr.458]. When a determination of distribution is requested in a petition for distribution, notice must be given in the same manner as is required when a separate petition under

Section 11700 is filed. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 607.06 Petitions to Vacate Order Fixing Inheritance Tax In the case of decedents who died prior to the effective date of repeal of the California Inheritance Tax, June 8, 1982, an order confirming report of Inheritance Tax Referee and fixing the inheritance tax may be vacated ex parte within six months of the date of the order either on stipulation of the attorney for the estate and the State Controller or on motion under

section 473 of the Code of Civil Procedure. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-39 Rule 607.07 Petitions to Compromise Wrongful Death Claims Recovery of damages for wrongful death, as distinguished from physical injury and property damage, are held by the fiduciary as a representative of the statutory beneficiaries and are not part of the decedent’s estate. The disposition of such damages for wrongful death, and the amount of attorneys’ fees and costs, may be determined by the court on a petition for authority to compromise pursuant to

section 9835 of the Probate Code. The clerk sets the petition for hearing, and the personal representative gives notice in the manner specified in Probate Code

section 1220. This procedure is applicable to any action by the personal representative under federal law, as well as state law. If a personal representative collects damages and costs arising out of the physical injury of decedent, or property damage as distinguished from wrongful death, the representative shall hold such money in his or her representative capacity as property of the estate.

Therefore, it (or the claim giving rise to it) must be inventoried. (Adopted effective July 1, 1992) Rule 607.08 Petitions Filed under the Uniform Transfers to Minors Act (UTMA) Petitions filed under the Uniform Transfers to Minors Act (Probate Code sections 3900 et seq.) to transfer title to a minor’s funds to a custodian on behalf of the minor under Probate Code

section 3906(c)(3) must set forth jurisdictional facts (see Probate Code

section 3921), state the amount to be paid, state by whom the amount is to be paid, state what reimbursement for costs and/or fees is requested, and request the transfer of the balance of the funds to another adult or trust company as custodian as provided in Probate Code

section 3909. If distribution is to be made from a probate estate to a custodian for a minor, the requirements of Rule 608.21 must also be met in the probate proceeding. If the petition merely seeks the transfer of the funds subject to reimbursement for costs expended for the filing of the petition, the petition may be granted by the court without notice. If, however, attorney’s fees are sought, the matter must be set on the court’s calendar for approval.

The order shall provide for the persons holding the funds to make a check payable to the persons entitled to costs and fees and shall provide for the issuance of a check in the amount to be deposited to be payable to the proposed custodian. (Adopted effective July 1, 1992) Rule 607.09 Petitions to Authorize Medical Treatment for Adult without Conservator If authorization of medical treatment for an adult without a conservator is required, the petition should be presented to the Probate Court.

If the adult for whom medical treatment is sought (patient) is not represented by an attorney, the court will appoint private counsel or the Public Defender to represent the patient, set the petition for hearing within a day or two and prescribe notice. The court, in setting the petition for hearing and determining what notice is to be given, will consider the urgency, existing medical facts and the circumstances, as set forth in the petition or in a medical affidavit submitted with the petition.

If the attorney for the petitioner and the attorney for the patient so stipulate, the court may, upon proper and sufficient medical

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-40 affidavits or declarations, determine the matter without hearing or notice, make an order authorizing the recommended course of medical treatment and designate the person to give consent. (Adopted effective July 1, 1992) Rule 607.10 Spousal Property Petitions (Probate Code Sections 13650-13660) A petition containing an allegation that the character of any property was transmuted after December 31, 1984, by decedent and surviving spouse must be based on a writing (Family Code

section 852). A photocopy of the writing showing signatures must be attached to the petition. If a petition contains an allegation that the character of any property was transmuted before January 1, 1985, by decedent and surviving spouse, such claim may be proved either by a writing or by other supporting facts which must be set forth in the petition. A petition must list, on separate schedules, the decedent’s interest and the surviving spouse’s interest in the property. For example, if it is alleged the decedent and surviving spouse owned as community property a piece of real property, the decedent’s undivided one-half (1/2) interest in such property should be listed on one

schedule and the surviving spouse’s undivided one-half (1/2) interest in the same property listed on another schedule. The following requirements do not apply to a petition if the entire estate of the decedent passes to the surviving spouse either under a will or pursuant to interstate succession and one of the following applies: (

a) the petition only seeks determination of the passing of the property without a finding of the character (community or separate) of the property; or (

b) the decedent and surviving spouse executed a written agreement transmuting or confirming all property owned at the date of the agreement and all after-acquired property into community property; or (

c) the decedent and surviving spouse executed a written agreement which transmuted or confirmed the subject property to community property and the date of acquisition of the subject property is alleged. If (

b) and/or (

c) apply, copies of all agreements must be attached to the petition. In all other cases, the petition must be supplemented to include the following allegations: A. Date and place of marriage; and domicile at the time of marriage; B. Dates decedent and a surviving spouse came to California, if not domiciled in California at time of marriage or resided in another state after marriage; C. If decedent owned any real or personal property on the date of marriage, a description of such property and the approximate value; D. Decedent’s occupation and net worth at the time of marriage; E.

Whether or not the decedent received any property after the date of marriage by gift, bequest, devise, descent, proceeds of life insurance or joint tenancy survivorship and, if so, a description of such property, giving approximate values and dates of receipt; F. If any property was received by decedent under E above and is part of the estate, identify the property;

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-41 G. The exact title vesting as of the decedent’s date of death for each item of property and a statement whether it was acquired after December 31, 1984; H. If claims are based on any document, attach a photocopy of the document showing signatures; and I. In addition to the above, set forth any additional facts upon which claim of character of property is based. (Revised effective January 1, 1994) Rule 607.11 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-42

Chapter 8 Accounts, Compensation and Distributions Rule 608.01 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.02 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.03 General Information on Compensation The court prefers to determine the amount of compensation in decedents’ estates, guardianships, conservatorships, and trusts at the time an account is considered.

In any request for compensation, petitioner must comply with the applicable rules in Title Seven of the California Rules of Court. In any request for compensation, no more than five pages of detailed time records may be attached as an exhibit. In requests for compensation based on complicated or intricate cases, counsel may wish to lodge detailed time materials with the court for review. For example, handwritten logs kept by conservators of time spent should be summarized in the report that will be a part of the permanent court file, and the logs in excess of five pages may be lodged for review.

Similarly, time records of a personal representative or counsel should be summarized in a petition for compensation; detailed materials in excess of five pages may be lodged for review but normally should not be filed. (See Rule 601.03) (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.04 Accounting for Reserve If an order for final distribution of an estate of a decedent, ward, or conservatee, or of a trust includes a reserve between $5,000 and $19,999, a supplemental declaration setting forth the disposition of the reserve must be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295 or GC-395).

If the reserve amount is $20,000 or more, an accounting of the reserve must be attached to the Ex Parte Petition for Final Discharge. The Ex Parte Petition for Final Discharge shall be set for hearing and notice of the hearing must be given in the same manner as is required for an accounting. (Adopted effective July 1, 2020; previous rule repealed effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-43 Rule 608.05 Request for Compensation in Estates Administered under Independent Administration of Estates Act Petitions in which compensation is requested for extraordinary services shall expressly state whether the estate is being administered under the Independent Administration of Estates Act.

The court may inquire whether and to what extent the administration under the Act simplified or reduce (or reasonably should have simplified or reduced) the efforts of the personal representative and attorney, and such information shall be taken into consideration in the determination of compensation that will be allowed for extraordinary services. (Adopted effective July 1, 1992) Rule 608.06 Request for Compensation in Decedents’ Estates Lacking Cash forPayment The Court will not order full payment of compensation if there is insufficient cash in the estate.

The Court will allow and approve compensation – but only award and order them paid to the extent there is cash on hand to do so. If heirs or devisees wish to have property distributed in kind when there are insufficient liquid assets in the estate, they may advance funds to the estate.

The advancement should be shown as a miscellaneous acquisition of property (Schedule C), and this sum should be excluded in calculating any statutory compensation. (Adopted effective July 1, 1992) Rule 608.07 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 608.08 Creditors’ Claims Each report or account submitted by a personal representative filed more than four months after issuance of letters shall contain an allegation that notice of administration has been given to each known or reasonably ascertainable creditor who has not been paid.

If any debt was paid without a claim having been filed or presented, the report must contain the allegations required by Probate Code sections 9154 and 11005. A separate

schedule specifying the debts paid with and without formal claims may be appropriate. The foregoing information about claims must appear in the final report even though it may have appeared in whole or in

part in prior reports. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.09 Administration Costs A final account will not be approved and petition either for final distribution or to terminate proceedings will not be granted unless the court is satisfied that all costs of administration, including charges for legal advertising, bond premiums and probate referees’ fees have been paid. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-44 Rule 608.10 Taxes Each petition for final distribution of a decedent’s estate must contain an allegation that all personal property and income taxes that are due and payable have been paid. In addition, they must disclose whether a federal or California estate (and generation-skipping transfer) tax return is required, and whether there is a need for an order or orders prorating such tax or taxes under Probate Code

section 20100 et seq. This

section applies to a distribution to a non-resident trustee, notwithstanding the residence of the beneficiaries. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.11 Health Care Benefits Each report of administration of a decedent’s estate must contain an allegation either that a notice of death has been provided to the Director of Health Services as required by Probate Code sections 215 and 9202 or that no such notice is required. (See Welfare & Institutions Code

section 14009.5) (Adopted effective July 1, 1992) Rule 608.12 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 608.13 Election by Spouse to Submit Property to Administration Any election by the surviving spouse to submit property to administration under Probate Code sections 13502-13503 must be on file before the hearing on a petition to distribute the affected asset. If the spouse requests to file an election after the four month period allowed by Probate Code

section 13502(b) (which affects the decedent’s property or the spouse’s property or both), the Court will require a declaration from the spouse stating all of the following: A. the reason for the late request; B. that the spouse is aware of any resultant additional fees and costs; and C. whether there are any creditors of the decedent who have not presented or filed claims (including any which are disputed or contingent). If there are any claims, the request for authority to file a late election must be set for hearing and all creditors given 15 days mailed notice of hearing together with a copy of the petition. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-45 Rule 608.14 Disclaimers A copy of any disclaimer must be on file prior to the hearing of any petition for distribution of any affected asset. (Adopted effective July 1, 1992) Rule 608.15 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 608.16 Distributions to Assignees If the personal representative has any reason to believe that a beneficiary has assigned an interest in the estate (other than to a trust revocable by the beneficiary) or that distribution will be made to any other transferee or attorney in fact, the representative may wish to seek specific court approval in the petition for final distribution under Probate Code

section 11604. (Adopted effective July 1, 1992) Rule 608.17 Notice to Trust Beneficiaries If a petition for distribution seeks the appointment of a trustee, the court will require notice to all vested and contingent beneficiaries in being. (See Rule 612.02, infra.) See Rule 602.06 for notice requirements if a personal representative presents a report, account, or petition that affects the beneficiary of a trust of which the personal representative is the sole trustee. (Adopted effective July 1, 1992) Rule 608.18 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 608.19 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.20 Completeness of Petitions, Accounts and Orders Each account, report of administration, and petition for final (but not necessarily preliminary) distribution must identify all assets on hand (including cash) at the end of the accounting period or at a specified date reasonably close in time to the date a report or petition not accompanied by an account is presented to the court.

However, complete legal descriptions need only be included when distribution is requested.

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-46 Unless any interested party requests a different allocation by the court under Probate Code

section 11624, the cost of each proceeding for a preliminary distribution shall be borne by the estate. The allocation of the cost of the proceeding must be included in the order. If a reserve is requested, the use of property reserved must be specifically described (income taxes, transfer taxes, closing costs, etc.). In orders settling accounts, it is proper to use general language approving the account and report and the acts reflected therein, but such orders may not merely recite that the petition as presented is granted.

Orders approving and/or settling reports and/or accounts must also identify the assets on hand, specifically noting the amount of cash and cash equivalents (such as certificates of deposit) included in the balance. For example: “The personal representative has in his/her possession belonging to the estate, after deducting the credits to which he/she is entitled, a balance of property on hand in the amount of $ , of which $ is in cash and/or cash equivalent.

An order and decree of distribution must be complete in itself. (See Rule 601.13) The property distributed to each distributee should be listed and set forth in detail. The description of any real property (including a security interest) must include the complete legal description and then street address or other commonly used mode of identification. If an omnibus clause is included for after discovered property, it must specifically state to whom the property will be distributed and in what proportions.

If property is to be distributed, the order and decree of distribution or order settling the final account in a guardianship or conservatorship should state that the personal representative, guardian or conservator shall be entitled to discharge upon filing receipts of distributees and submitting an Affidavit or Declaration for Final Discharge (Orange County Form 105.3). (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 608.21 Documents to Be on File before Hearing on Petition for Distribution The court will require the following documents to be on file before making an order for distribution: A.

If distribution is to be made to the guardian of a minor, a certified copy of the letters of guardianship; B. If distribution is to be made to a parent for the benefit of a minor under Probate Code

section 3401, a copy of he written assurance of such parent; C. If distribution is to be made for the benefit of a minor under Probate Code

section 3410 et seq., a separate petition and order under the minor’s name with a different case number is required. A copy of such order must be filed in the decedent’s estate proceeding; D. If distribution is to be made to a person collecting assets under Probate Code

section 13100 or 13200, the required affidavit or declaration under penalty of perjury of such person. If distribution is to be made to a person pursuant to a court order made under Probate

section 13150, et seq., or 13650, et seq., a copy of the order;

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-47 E. If distribution is to be made to the person representative of the estate of a deceased beneficiary, a certified copy of the representative’s letters; F. If distribution is to be made to a testamentary trustee, the consent of the trustee to act; G. If distribution is to be made to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act (Probate Code

section 3900 et seq.), the written notice of acceptance of the office contemplated by Probate Code

section 6347(

b) by the custodian; and H. If preliminary distribution under Probate Code

section 11620 or 11623 is requested, the inventory and appraisal listing each asset to be distributed. (Adopted effective July 1, 1992) Rule 608.22 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-48

Chapter 9 Joint Tenancies and Life Estates Rule 609.01 Proceedings Must Be in Name of Decedent A petition to establish fact of death must be filed in a proceeding in the name of the deceased person whose interest is being terminated. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 609.02 Separate Petition Preferred Sections 201 and 202 of the Probate Code authorize a petition to establish fact of death to be included in a verified petition for probate of will or for letters of administration.

Whenever possible, attorneys are encouraged to file separate petitions under the same number in order to avoid procedural difficulties. A petition may not be filed in the estate proceeding after the filing of a petition for final distribution.

A petition to establish fact of death which is filed after a petition for final distribution must be filed in a new proceeding under a new case number. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 609.03 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 609.04 Inventories Unnecessary It is not necessary to list joint tenancy assets or assets subject to a life estate in the form of an inventory and appraisal, as in the case of assets subject to a probate administration proceeding.

Assets should be described in the petition for decree establishing fact of death or in an exhibit thereto and made a part thereof. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 609.05 Attorney Fees There is no provision in the Probate Code for determination by the Probate Court of attorney’s fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character shall be included in any petition for fees in a probate estate matter, and, if so included, will not be granted.

However, where the termination of a joint tenancy with a previously deceased joint tenant is necessary to clear title to property in the decedent’s estate, a fee for extraordinary services may be proper in the probate estate matter. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-49

Chapter 10 Guardianships Rule 610.01 Consolidation of Adoption and Guardianship Proceedings If an adoption proceeding is pending involving a minor who is also the subject of a petition for guardianship, the proceedings will be consolidated and heard in the department designated by the presiding judge to hear consolidated adoption/guardianship proceedings. (Adopted effective July 1, 1992) Rule 610.02 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 610.03 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 610.04 Appointment of General Guardian Petitions for appointment of general guardians are set on calendar for hearing, and the appearance of the proposed guardian and counsel are required.

The court does not favor waiver of statutory notice on the appointment of a general guardian of a minor. However, the court can dispense with notice if sufficient grounds are given to justify an allegation that notice prescribed by Probate Code

section 1511 cannot be given with reasonable diligence, or that the giving of such notice is contrary to the interests of justice. In all cases the court will require nomination or consent of a minor if such minor is fourteen years of age or older and if such minor has the capacity to nominate. When a petition seeks the appointment of a non-petitioning guardian, a consent to serve as guardian must be filed for each non-petitioning proposed guardian. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-50 Rule 610.05 Waiver of Investigation and Report When a petition requests appointment of a guardian of the estate only, the investigation otherwise required by Probate Code

section 1513 is waived, and no guardianship investigation fee is required. (Adopted effective July 1, 1992) Rule 610.06 Vacated (Revised effective September 1, 1998; repealed effective July 1, 2008) Rule 610.07 Guardianship of the Person – Investigation Fees When a petition requests appointment of a guardian of the person, a nonrefundable guardianship investigation fee based upon the actual cost of the investigation as set forth in the statute and current fee

schedule must be paid to the clerk in addition to the regular filing fee. (Probate Code

section 1513.1) (Revised effective October 1, 1993) Rule 610.08 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 610.09 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 610.10 Petitions for Appointment of Non-Profit Corporations as Guardians of Minors In addition to the usual allegations in a petition for appointment of a guardian of the person and/or estate, a petition seeking the appointment of a non-profit corporation qualified to act as such pursuant to Probate Code

section 2104 must contain specific allegations to enable the Court to determine that the corporation meets the requirements of Probate Code

section 2104. (Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-51 Rule 610.11 Duties of Guardian – Liability of Parents to Support Child As parents are required by statute to support their children, the court will not permit guardianship funds to be used for the minor’s maintenance and support where one or both parents are living, except upon a showing of the parent’s financial inability (supported by the Judicial Council Form Income and Expense Declaration) or other circumstances which would justify the court in departing from this rule in the best interests of the minor. (Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 610.12 Guardians’ Accounts All accounts filed in guardianship cases must comply with CRC rule 7.575.

Private professional guardians are to file original financial account statements as required in Probate Code

section 2620(c)(3). All such statements are to be filed separate from the guardianship accounting. The caption shall state “Private Professional Bank and Financial Records per Probate Code

section 2620(c)(3)” and the date, time and department of the hearing. The private professional guardian must retain the originals until the order approving the final account is final. If all of the original financial account statements are received from the financial institution(

s) in electronic form, they are to be electronically filed per Local Rule 601.01. The private professional guardian must affirm under penalty of perjury that all of the original account statements filed were received from the financial institution(

s) in electronic form. That affirmation may be contained in the associated petition to approve accounting, or in a separate declaration filed with the account statements. If any of the original financial account statements were not received from the financial institution(

s) in electronic form, the non-electronic originals must be filed in accordance with California Rules of Court, rule 2.252, subdivision (e). The non-electronic originals will be returned to the submitting party after examination and becoming part of the court’s electronic record, pursuant to Government Code

section 68150. The court will retain the documents in electronic form only. The private professional guardian must submit with the records a self- addressed envelope with sufficient postage for mailing the documents or an attorney service pick up slip. The private professional guardian must retain the originals until the order approving the final account is final. (Revised effective January 1, 2018; adopted effective July 1, 1992; revised effective July 1, 2008) Rule 610.13 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-52 Rule 610.14 Additional Independent Powers The court may, on the petition of the guardian, either at the time of appointment or later, grant additional independent powers to the guardian as authorized by sections 2590 and 2591 of the Probate Code. Additional independent powers are not lightly granted. The petition must state for each

section 2591 power requested the facts and reasons which justify the independent exercise of the power. The court will grant only those independent powers necessary or proper under the specific circumstances of each case. Any powers so granted must be set forth at length in the order and in the letters of guardianship. (Adopted effective July 1, 1992) Rule 610.15 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 610.16 Investments by Guardian The standard set forth in

section 16040(

a) of the Probate Code, providing for investments by trustees, is the standard applied by the Probate Court in authorizing proposed investments by guardians. The guardian should also consider the circumstances of the estate, indicated cash needs, and the date of prospective termination of the guardianship. The Probate Court does not act as an investment counselor but suggests that the investments by guardians should be prudent and in keeping with the size and character of the ward’s estate. Investments in existence at the time of the creation of the guardianship usually may be maintained, subject to the provisions of

section 16048 of the Probate Code. Investments other than as provided in Probate Code

section 2574 require court authorization unless the guardian is empowered to so act pursuant to Probate Code sections 2590 et seq. The court will not ordinarily approve the investment of the ward’s funds in unsecured loans, secured loans to near relatives, or debenture bonds except those which are part of a large issue, well-seasoned, and listed on an established security exchange. The court will not approve the investment of the ward’s funds in bonds or obligations of foreign governments or corporations, whether payable in dollars or not.

Investment in real estate, either by purchase or encumbrance, usually will not be granted unless supported by an M.A.I. appraisal. (Adopted effective July 1, 1992; revised effective July 1, 2008)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-53 Rule 610.17 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 610.18 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 610.19 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992)

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-54

Chapter 11 Conservatorships Rule 611.01 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992) Rule 611.02 Repealed (Repealed effective January 1, 2017; Adopted effective July 1, 1992; revised effective July 1, 2008) Rule 611.03 Appointment of General Conservator All petitions for appointment of a conservator must state whether there is presently a conservator appointed under the Lanterman-Petris-Short (LPS) Act (Welf. & Inst. Code § 5000 et seq.). If an LPS conservatorship exists, notice must be given to the LPS conservator and counsel representing the LPS conservatee.

The petitioner shall file in the proceedings a completed Everyday Activities Attachment to Confidential Capacity Assessment and Declaration—Probate Conservatorship on Judicial Council Form GC-335A attached to the Confidential Capacity Assessment and Declaration—Probate Conservatorship on Judicial Council Form GC-335. When the proposed conservatee is, or was, the subject of a guardianship, the petition must include the case number of the prior guardianship, the name of the prior guardian(s), and the names of the attorneys for the prior guardian(

s) or ward. At the time of filing of a petition for conservatorship, the petitioner must advise the court if the proposed conservatee is the settlor of a pre-existing trust, or is a beneficiary of any trust. If so, the petitioner must inform the court of the estimated value of the assets of the trust, if known. When the petitioner, or the proposed conservator, also serves as the trustee of a trust in which the conservatee has a beneficial interest, the existence of the trust, and the petitioner or proposed conservatee’s status and interest in the trust, must be disclosed in the petition.

This information must be provided to the court using local form L-935, Declaration of Petitioner Regarding Assets of Proposed Conservatee, which must be filed concurrently with the petition for appointment of conservator. In any case in which the petitioner requests dismissal of a petition for the appointment of a conservator or successor conservator or to have a petition placed off calendar, a declaration by the petitioner in support of the request must be filed with the court stating: A. The change in circumstances since the filing of the petition that has eliminated the need for a conservatorship;

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/25) 6-55 B. Any transfers of the proposed conservatee’s property since the filing of the petition (including, but not limited to, purchases, sales, gifts and declarations of trust), or, in the alternative, a statement that no single such transaction regarding the proposed conservatee’s property exceeded $500.00, and the aggregate of such transactions during the period did not exceed $3,000.00; and C.

Any assets marshaled by the temporary conservator, and any transfers of conservatorship assets (including, but not limited to, purchases, sales, gifts and declarations of trust) by the temporary conservator. (Revised effective July 1, 2025; revised effective July 1, 2024; revised effective July 1, 2020; revised effective July 1, 2009; adopted effective July 1, 1992.) Rule 611.04 Petition for Appointment of Non-Profit Corporations as Conservators In addition to the usual allegations in a petition for appointment of a conservator of the person and/or estate, a petition seeking the appointment of a non-profit corporation qualified to act as such pursuant to Probate Code

section 2104 must contain specific allegations to enable the Court to determine that the corporation meets the requirements of Probate Code

section 2104. (Adopted effective July 1, 1992) Rule 611.05 Vacated (Adopted effective July 1, 1992; repealed effective July 1, 2008) Rule 611.06 Capacity to Give Informed Consent for Medical Treatment If a separate petition is filed concerning the capacity of a conservatee to consent to medical treatment pursuant to Probate Code sections 1880 et seq., the petition shall contain a statement that there is on file a current Notification to Court of Address form, or the petitioner shall file a current Notification to Court of Address form concurrently with the petition.

If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition, pursuant to Probate Code

section 1891, to revoke any previous order granting the conservator exclusive authority to consent to medical treatment on behalf of the conservatee. When the court grants the conservator the exclusive authority to consent to medical treatment on behalf of the conserv

Document details

Collection	California Superior Local Rules
Citation	073a2d1d8f73e9acce9da18444f009287f6f2316
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	073a2d1d8f73e9acce9da18444f009287f6f2316

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