Santa Clara County Probate

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA

PROBATE RULES
INTRODUCTION
1 ADMINISTRATION AND GENERAL POLICIES......................................................................1

A. SCOPE ....................................................................................................................................1
B. ALL PURPOSE JUDGE.........................................................................................................1
C. CASE ASSIGNMENT............................................................................................................1
D. VENUE ...................................................................................................................................1
E. CONSOLIDATION................................................................................................................1
F. COORDINATION WITH CUSTODY CASES .....................................................................1
G. PROBATE CALENDAR........................................................................................................2
H. TELEPHONIC APPEARANCE ............................................................................................2
I. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED
MATTERS..............................................................................................................................2
J. OBJECTIONS.........................................................................................................................2
K. CONTESTED MATTERS......................................................................................................3
L. APPROVED MATTERS........................................................................................................3
M. CONTINUANCES .................................................................................................................4
N. APPOINTMENTS ..................................................................................................................4
O. WITHDRAWAL OF ATTORNEY OF RECORD.................................................................4
P. COURT COMMUNICATION REGARDING RESTRAINING ORDERS ..........................4
Q. PRIVACY REQUIREMENTS FOR DOCUMENTS FILED IN PROBATE MATTERS ....6
R. COURT INVESTIGATOR REPORTS .............................................................................. 6
2 NOTICES, PETITIONS, DECLARATIONS, AND ORDERS ....................................................6

A. PREPARATION OF NOTICES, PETITIONS, DECLARATIONS, ORDERS AND
PRINTED PROBATE FORMS..............................................................................................6
B. SIGNATURE BY ATTORNEY.............................................................................................7
C. NOTICE..................................................................................................................................7
D. NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN...................................7
E. PETITIONS FOR EX PARTE ORDERS...............................................................................7
F. PROBATE ORDERS..............................................................................................................8
G. ORDERS CORRECTING CLERICAL ERRORS .................................................................8
H. LATE FILINGS ......................................................................................................................8
I. FACSIMILE FILING .............................................................................................................8
3 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS…………………………….10

A. LETTERS OF SPECIAL ADMINISTRATION ..................................................................10
B. PETITION FOR PROBATE OF WILL OR CODICIL........................................................10
C. ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES ............................10
D. PUBLICATION....................................................................................................................11
E. LETTERS .............................................................................................................................11
F. DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM ...................11
G. REMOVAL OF PERSONAL REPRESENTATIVE............................................................12
PROBATE RULES
4 BONDS.............................................................................................................................................12
A. AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION
OF ESTATE ACT (IAEA) ...................................................................................................12
B. NON-RESIDENT PERSONAL REPRESENTATIVE ........................................................12
C. INCREASE OR DECREASE IN AMOUNT OF BOND.....................................................12
D. REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING ASSETS
IN BLOCKED ACCOUNT AND PROVIDING RECEIPTS ..............................................12
E. BOND ON BORROWING...................................................................................................13
F. BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS FIDUCIARY…. 13
G. STATEMENT RE SUFFICIENCY OF BOND IN REPORTS ACCOMPANYING
ACCOUNTINGS..................................................................................................................13
5 THE INDEPENDENT ADMINISTRATION OF ESTATES ACT............................................14

A. PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT TO THE
INDEPENDENT ADMINISTRATION OF ESTATES ACT (IAEA).................................14
B. EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED..............................14
C. REPORT OF ACTIONS TAKEN UNDER THE IAEA ......................................................14
D. FILING NOTICE OF PROPOSED ACTION WITH COURT ............................................14
6 FAMILY ALLOWANCE...............................................................................................................14
A. BY PETITION TO THE COURT ........................................................................................14
B. BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE INDEPENDENT
ADMINISTRATION OF ESTATES ACT...........................................................................15
C. INCOME AND EXPENSE DECLARATION .....................................................................15
7 SALE UNDER COURT SUPERVISION .....................................................................................15

A. PUBLICATION OF NOTICE OF INTENTION TO SELL.................................................15
B. PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;
SALE PROCEDURE...................................................................................15
8 PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS......................................16

A. PETITION FOR INSTRUCTIONS......................................................................................16
B. APPOINTMENT OF SUCCESSOR TRUSTEE..................................................................16
9 ACCOUNTS, REPORTS, FEES COMMISSIONS, AND DISTRIBUTION............................17

A. FORM OF ACCOUNTS ......................................................................................................17
B ALLEGATIONS REGARDING CREDITOR’S CLAIMS AND REPORT OF
ACTIONS TAKEN UNDER IAEA .....................................................................................20
C. FRANCHISE TAX BOARD CERTIFICATE......................................................................20
D. STATUTORY COMMISSIONS AND FEES ......................................................................21
E. COMPENSATION FOR EXTRAORDINARY SERVICES ...............................................21
F. COSTS ..................................................................................................................................22
G. COMPENSATION ...............................................................................................................22
H. NO COMPENSATION WITHOUT COURT ORDERS .....................................................23
I. PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE LISTED...........23
J. AGREEMENTS FOR DISTRIBUTION OF ASSETS ........................................................23
K. FILING OF RECEIPTS FOR PRELIMINARY DISTRIBUTIONS ...................................23
PROBATE RULES
10 SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY PETITIONS .............24
A. WHEN FILED WITH PETITION FOR PROBATE............................................................24
B. SURVIVORSHIP CONDITION IN WILL ..........................................................................24
11 CONSERVATORSHIPS................................................................................................................24
A. PETITION FOR APPOINTMENT OF CONSERVATOR..................................................24
B. REFERRAL FOR INVESTIGATOR’S REPORT; TRANSMITTAL OF
DOCUMENTS TO COURT INVESTIGATOR ..................................................................27
C. NOTICE OF HEARING.......................................................................................................27
D. DUTIES OF CONSERVATOR............................................................................................27
E. ATTENDANCE AT THE HEARING..................................................................................27
F. CONTESTED MATTERS....................................................................................................28
G. PURCHASE OF HANDBOOK AND VIEWING OF FILM...............................................28
H. ORDER APPOINTING CONSERVATOR .........................................................................29
I. FILING OF INVENTORY AND APPRAISAL...................................................................29
J. LETTERS OF CONSERVATORSHIP OF THE ESTATE .................................................29
K. ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR ........................................29
L. SALE OF CONSERVATEE’S RESIDENCE ......................................................................30
M. CHANGE OF ADDRESS OF CONSERVATOR OR CONSERVATEE ...........................30
N. REMOVAL OF CONSERVATEE FROM CALIFORNIA .................................................30
O. APPOINTMENT OF LIMITED CONSERVATOR FOR THE
DEVELOPMENTALLY DISABLED..................................................................................31
P. REMOVAL OF CONSERVATOR ......................................................................................31
Q. TERMINATION OF CONSERVATORSHIP .....................................................................31
R. DEATH OF CONSERVATEE .............................................................................................31
S. CONFIDENTIAL SUPPLEMENTAL INFORMATION ....................................................32
T. TEMPORARY CONSERVATORSHIPS ............................................................................32
U. PRIVATE PROFESSIONAL CONSERVATORS...............................................................33
V. CONSERVATEES’ TRUST ................................................................................................34
W. NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED JUDGMENT
PETITIONS ..........................................................................................................................35
12 GUARDIANSHIPS .........................................................................................................................36
A. GUARDIAN OF MINOR’S ESTATE .................................................................................36
B. PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR’S PERSON..................37
C. LOCATION OF GUARDIANSHIP HEARINGS WHERE THERE ARE CASES IN
BOTH PROBATE AND FAMILY COURTS......................................................................37
D. LOCATION OF HEARINGS ON RESTRAINING ORDERS WHERE THERE IS A
PENDING GUARDIANSHIP .............................................................................................38
E. OBJECTION TO GUARDIANSHIP ...................................................................................38
F. DUTIES OF GUARDIAN....................................................................................................38
G. ATTENDANCE AT THE HEARING..................................................................................39
H. CONTESTED GUARDIANSHIP ........................................................................................39
I. CHANGE OF RESIDENCE OF GUARDIAN OR WARD.................................................42
J. USE OF WARD’S ASSETS FOR SUPPORT .....................................................................43
K. ACCOUNTINGS..................................................................................................................43
L. TERMINATION OF GUARDIANSHIP OF THE PERSON ..............................................43
PROBATE RULES
M. TEMPORARY GUARDIANSHIPS.....................................................................................44
N. REMOVAL OF GUARDIAN ..............................................................................................44
O. VISITATION........................................................................................................................45
P. FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA .......................................45
13 GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF MINORS

AND INCOMPETENT PERSONS ...............................................................................................45
A. GUARDIAN AD LITEM .....................................................................................................45
B. WHERE PETITIONS ARE PRESENTED ..........................................................................45
C. CONTENTS OF PETITION.................................................................................................45
D. PRESENCE OF MINOR OR PERSON WITH A DISABILITY ........................................46
E. EX PARTE PETITIONS ......................................................................................................46
F. ATTORNEY’S FEES ...........................................................................................................46
G. MEDICAL MALPRACTICE MATTERS ...........................................................................46
H. DISTRIBUTION...................................................................................................................46
I. FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES ........................47
J. TRANSFER OF FUNDS OF A MINOR OR A PERSON WITH A DISABILITY ............47
14 COMPENSATION OF REFEREES.............................................................................................48
15 MINOR’S EMANCIPATION........................................................................................................48
A. DEPARTMENT....................................................................................................................48
B. INVESTIGATION................................................................................................................48
C. REPRESENTATION............................................................................................................48
D. STATEMENT.......................................................................................................................48
E. APPEARANCE ....................................................................................................................48
16 REMOVAL OF TRUSTEE ...........................................................................................................49
17 NAME CHANGE............................................................................................................................49
A. DEPARTMENT....................................................................................................................49
B. AGE OF MINOR..................................................................................................................49
C. WRITTEN CONSENT .........................................................................................................49
ATTACHMENTS PB-4000 to PB-4047

PROBATE RULES
SANTA CLARA COUNTY

SUPERIOR COURT
191 North First Street
San José, California 95113
Probate Calendar (408) 882-2100 x2649

Probate Filing (408) 882-2100 x2654
Probate Examiner (408) 882-2100 x2668
Court Investigator (408) 882-2761
Probate Staff Attorney (408) 882-2100 x2668
Preapproved Matter Recording (408) 882-2100 x2650
INTRODUCTION
These local rules describe rules of practice in probate matters in Santa Clara County not
covered by the Probate Code and the Rules of Court of the Superior Court of Santa Clara
County and are subject in any particular case to the discretion of the Court. All parties
are directed to the California Rules of Court, Title Seven, Probate Rules.
PROBATE RULES
RULE 1 ADMINISTRATION AND GENERAL POLICIES
A. SCOPE
The Probate Department will hear all matters concerning the Probate Code, or
related matters, as well as adoptions, terminations of parental rights, name
changes, minor’s compromise matters, and mental health matters under the
Lanterman Petris Short (LPS) Act.
(Eff. 1/01/10)
B. ALL PURPOSE JUDGE
All matters filed in the Probate Department, including trials, shall be assigned to
the Supervising Judge of the Probate Department as the All Purpose Judge (APJ).
(Eff. 1/01/10)
C. CASE ASSIGNMENT
If a case is sent for trial to the Civil Division based upon its expected length or for
other reasons, the APJ shall hear all issues up to trial, including any ex parte
requests, with the exception of discovery issues. Discovery issues shall be heard
in the Civil Discovery Department. However, if a court employee or deputy
sheriff working in the Probate Department, or a member of his or her family, is a
party to a case, the clerk or Supervising Judge of the Probate Department shall
transfer the case to the Civil Division for assignment for all purposes.
(Eff. 1/01/10)
D. VENUE
All probate proceedings in Santa Clara County must be filed in the Probate
Department of the Santa Clara County Superior Court, located at 191 N. First
Street, San José, CA 95113.
E. CONSOLIDATION
Whenever it appears that two or more petitions with different case numbers have
been filed with reference to the same decedent, conservatee, minor, or trustee, the
Court will consolidate all of the matters with the matter bearing the lowest
number.
(Eff. 7/01/08)
F. COORDINATION WITH CUSTODY CASES
If there is an action in Family Court regarding the custody of a minor child and an
action for Guardianship of the Person or Person and Estate of the minor child in
the Probate Court, the cases will be coordinated for hearing purposes and assigned
for hearing to the Probate Court. (See also Rule 12 C & D.)
(Eff. 7/01/10)
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RULE 1 – con’t SUPERIOR COURT FOR THE STATE OF CALIFORNIA
PROBATE RULES
G. PROBATE CALENDAR
Probate cases are heard at 9:00 a.m. Monday, Wednesday, Thursday, and Friday,
in the Probate Department, except for petitions to appoint guardians and to
terminate guardianships prior to the age of majority, which are heard at 9:00 a.m.
on Tuesday, and petitions to appoint conservators and to terminate
conservatorships prior to the death of the conservatee, which are heard at 1:30
p.m. on Tuesday.
(Eff. 1/01/07)
Parties are required to reserve a hearing date by calling the Probate Calendar
Secretary prior to the filing of the petition. In order to file a new matter, a party
must obtain a case number and hearing date from the Probate Calendar Secretary.
(Eff. 7/01/02)
H. TELEPHONIC APPEARANCE
(1) Telephonic appearances on the Probate Calendar are governed by
California Rule of Court (CRC) 3.670.
(2) Telephonic appearances must be coordinated in advance by counsel or a
self-represented party through an independent vendor, currently CourtCall
(888-88-COURT).
(3) Telephonic appearances are not permitted for initial conservatorship or
guardianship appointments, petitions for temporary restraining orders
(including elder abuse cases), or petitions to confirm the sale of real
property.
(Eff. 1/01/08)
I. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN

UNCONTESTED MATTERS
In all matters where no objections are on file, the petitioning party must submit a
proposed order not later than four court days in advance of the scheduled hearing
date or the matter may be ordered off calendar.
J. OBJECTIONS
Objections to any petition may be made orally at the noticed hearing. Unless the
Probate Code requires written objections, the Court may hear the oral objections
at the noticed hearing, or the Court may require the objections to be in writing.
The Court would prefer that objections be filed at least two court days prior to the
hearing date. If written objections are required by statute or by the Court, the
Court will continue the hearing to allow the objecting party time to file and serve
such written objections. The Court may in its discretion set dates for the filing of
written objections and responses thereto. Failure to file and serve such written
objections before the date set may be grounds for overruling the objections. The
following are local forms which may be used to object to the matters indicated:
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PROBATE RULES
(1) Objection to Petition to Remove Conservator (attached form PB-4035)
(2) Objection to Petition to Remove Guardian (attached form PB-4036)
(3) Objection to Petition to Remove Personal Representative (attached form

PB-4037)
(4) Objection to Petition to Remove Trustee (attached form PB-4038).

(Eff. 1/01/08)
(5) Objection to Petition to Terminate Guardianship (attached form PB-4039)
(Eff. 1/01/09)
(6) Objection to Guardianship (attached form PB-4043)
(Eff. 1/01/09)
(7) Objection (attached form PB-4045)
(Eff. 7/01/09)
K. CONTESTED MATTERS
(1) SUBMISSION ON THE PLEADINGS
At-issue, contested matters that are ready for hearing and that parties will
submit on the pleadings without oral argument may be taken under
submission or ruled upon at the scheduled hearing.
(Eff. 1/01/09)
(2) HEARING
(Eff. 1/01/09)
At-issue, contested matters that are ready for hearing and for which the
total hearing time does not exceed one day may be heard in the Probate
Department on the date noticed or a continued hearing date. The setting or
assignment of all other contested matters including the assignment of
cases to the master trial calendar will be made by the Probate Judge.
(Eff. 1/01/07)
(3) TRIAL BRIEFS
If a party elects to file a trial brief relating to an evidentiary hearing set in

a probate matter, the trial brief must be filed and served no later than
seven court days before the scheduled hearing. Any responsive briefs
must be filed and served no later than three court days before the
scheduled hearing. Courtesy copies of any trial briefs and responsive
briefs shall be delivered to the courtroom of the judicial officer hearing the
matter on the date of filing. Attaching copies of previously filed
documents as exhibits to trial briefs is discouraged.
(Eff. 1/01/09)
L. APPROVED MATTERS
Approved matters are those that have been reviewed and found satisfactory before
the date set for hearing. Personal appearance by parties is not required on
approved matters. A list of approved matters is posted at the door of the probate
courtroom at the time of the hearing. Interested parties may call (408) 882-2100
x2650, to hear a recording with a list of pre-approved matters for the following
3
PROBATE RULES
day's calendar, or may consult the pre-approved list on the Court’s website at
www.scscourt.org. Approved matters for which objections are made at the
hearing may be continued. There are no pre-approved matters for the Tuesday
guardianship and conservatorship calendars.
(Eff. 1/01/09)
All approved probate orders will be signed immediately after the calling of the
probate calendar. Parties may pick up their orders at that time.
(Eff. 1/01/09)
M. CONTINUANCES
On the call of the calendar, a matter may be continued for such period as the
Court in its sole discretion will determine if a party personally appears on the
hearing date and requests a continuance. The Court discourages repeated
continuances of a matter.
(Eff. 1/01/09)
A continuance may be granted without the need for a court appearance only if all
parties agree. The request may be made by a telephone call to the Probate
Examiner’s Office. The Court may deny any continuance request.
(Eff. 1/01/09)
N. APPOINTMENTS
If in any matter a party believes a conference with the Probate Examiner or the
Probate Staff Attorney would be appropriate, an advance appointment should be
made with the Probate Examiner's office (408) 882-2100 x2668.
O. WITHDRAWAL OF ATTORNEY OF RECORD
Any attorney wishing to withdraw from a proceeding under the Probate Code as
attorney of record whose client will not consent to sign a substitution of attorney
may file a motion or petition seeking such relief and must follow the procedures
and use the Judicial Council forms specified in CRC 3.1362.
(Eff. 7/01/07)
The Court does not favor the substitution of conservator, executor, administrator,
guardian or trustee in propria persona in lieu of attorney of record, unless it is
clearly shown that the person acting in propria persona is able to perform the
necessary duties and file necessary documents without legal representation.
P. COURT COMMUNICATION REGARDING RESTRAINING ORDERS

(1) PROCEDURE IN PROBATE COURT
a. Subject to available resources, the Family, Juvenile, and Probate
Courts shall examine appropriate available databases for existing
restraining or protective orders involving the same restrained and
protected parties before issuing permanent CLETS Civil
Restraining Orders. In the event that this information is not
available to the judicial officer, inquiry shall be made of the parties
before issuing permanent CLETS Civil Restraining Orders.
4
PROBATE RULES
b. Any order of the Family, Juvenile, or Probate Court that permits

contact between a defendant/restrained person subject to either
CLETS Civil Restraining Orders or Criminal Protective Orders and
his or her children, shall contain specific language setting forth the
time, day, place, and manner of the transfer of the children,
including the safe exchange of the children, in accordance with
§ 3100 of the Family Code. Such an order shall not contain
language that conflicts with a Criminal Protective Order. Safety of
all parties shall be the Court’s paramount concern. The Court or a
Court-related agency may recommend safe and specific contact
with the children and direct the defendant/restrained person and/or
the victim/protected person to the process for modification of
protective orders.
(2) MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
a. Any Court responsible for issuing custody or visitation orders
involving minor children of a defendant/restrained person subject
to a Criminal Protective Order may modify the Criminal Protective
Order if all of the following circumstances are satisfied:
i. Both the defendant/restrained person and the victim/
protected person are subject to the jurisdiction of the
Family, Juvenile, or Probate Court, and both parties are
present before the Court.
ii. The defendant/restrained person is on probation (formal or
court) for a domestic violence offense in Santa Clara
County or is currently charged with a domestic violence
related offense in Santa Clara County and a Criminal
Protective Order has issued.
(Eff. 1/01/06)
iii. The Family, Juvenile, or Probate Court identifies a
Criminal Protective Order issued against the defendant,
which is inconsistent with a proposed Family, Juvenile, or
Probate Court Order, such that the Family, Juvenile, or
Probate Order is/will be more restrictive than the Criminal
Protective Order or there is a proposed custody or visitation
order which requires recognition in the Criminal Protective
Order (Boxes 13 or 14 or both on the Criminal Protective
Order form).
(Eff. 1/01/07)
iv. The defendant signs an appropriate waiver of rights form or
enters a waiver of rights on the record.
v. Both the victim/protected person and the defendant/
restrained person agree that the Criminal Protective Order
5
PROBATE RULES
may be modified to a more restrictive order or to add Box
13 or 14 or both to the Criminal Protective Order.
(Eff. 1/01/07)
b. The Family, Juvenile, or Probate Court may not modify existing
Criminal Protective Orders to be less restrictive. Only if children
are not listed as protected persons, a modification of the Criminal
Protective Order to check Box 13 or 14 or both shall not be
considered less restrictive.
(Eff. 1/01/07)
c. The Family, Juvenile, or Probate Court may on its own motion or
at the request of a defendant, protected person or other interested
party, calendar a hearing before the Criminal Court on the issue of
whether a Criminal Protective Order should be modified. The
Family, Juvenile, or Probate Court shall provide the Criminal
Court with copies of existing or proposed Orders relating to the
matter. Notice of the hearing will be provided to all counsel and
parties.
(Eff. 1/01/07)
Q. PRIVACY REQUIREMENTS FOR DOCUMENTS FILED IN PROBATE
MATTERS
(1) Social Security Numbers
If an individual’s social security number must be included in a pleading or

other court form, only the last four digits of the social security number
should be used. If the social security number is required by the Court
Investigator to complete the investigation, the number shall be supplied
only to the Court Investigator, absent a court order.
(2) Financial Account Numbers
If financial account numbers are relevant, only the last four digits of such
numbers should be used.
(Eff. 1/01/09)
R. COURT INVESTIGATOR REPORTS
Court Investigator Reports are confidential documents and are not to be attached,
in whole or in part, to any pleadings or other documents to be filed with the Court,
other than by the Court Investigator.
(Eff. 1/01/09)
RULE 2 NOTICES, PETITIONS, DECLARATIONS, AND ORDERS
A. PREPARATION OF NOTICES, PETITIONS, DECLARATIONS,

ORDERS, AND PRINTED PROBATE FORMS
Only current Judicial Council forms, local forms authorized by Santa Clara
County, or pleadings typed on pleading paper in compliance with the CRC are
6
PROBATE RULES
acceptable for filing. Judicial Council forms are available on the Judicial Council
website www.courtinfo.ca.gov.
(Eff. 1/01/09)
B. SIGNATURE BY ATTORNEY
(Eff. 1/01/09)
In addition to the requirements of CRC 7.103, an attorney who prepares a petition
or other pleading (including those on Judicial Council forms) must sign the
document.
(Eff. 1/01/04)
C. NOTICE
Although the Probate Code may require the probate clerk to cause notice of
hearing to be given, the practice in Santa Clara County is for the petitioner or
attorney to cause notice to be served and file proper proof of service. See also
CRC 7.50 through 7.54.
(Eff. 1/01/04)
D. NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN
Where the address of a person to whom notice is required to be mailed or

delivered in a probate proceeding, including guardianships conservatorships, and
trusts, is unknown, the court will require an affidavit or declaration stating with
specificity the efforts that have been made to locate the person, as described in
CRC 7.52.
(Eff. 1/01/04)
E. PETITIONS FOR EX PARTE ORDERS
Unless notice is specifically required by the Probate Code, Court order, or these
rules, matters may be presented ex parte.
All ex parte petitions and other ex parte pleadings and supporting documentation
must first be presented to the Probate Examiner's office for review.
An ex parte petition or application must contain sufficient facts to justify the

orders requested. See also CRC 7.55.
(Eff. 1/01/09)
The procedures for submitting ex parte matters to the Probate Court, except in
temporary guardianships and conservatorships, are as follows:
(1) The petitioner must first determine if there is anyone who would oppose
the matter if he or she knew about it.
(2) If there will be no objection, and the matter is:
• Not urgent: Submit the petition to the Probate Examiner’s office.

• Urgent: Contact the Probate Examiner’s office for an appointment.
7
PROBATE RULES
(3) If there will be an objection, and the matter is:
a. Not urgent: Do not submit it ex parte. Instead, have the matter set for
a noticed hearing on the regular Probate calendar.
b. Urgent: Contact the Probate Examiner’s office to discuss how the

matter will be specially set for hearing. In most cases, the petitioner
will be referred to the Probate Judge’s courtroom clerk for
coordinating with the Judge’s calendar and the opposition a time when
the matter may be heard by the Court.
(4) Notice: A notice and copy of the petition must be served on all parties 24
hours before presenting the ex parte petition to the Court. The petition and
a proposed order shall be presented to the Probate Examiner’s office with
a declaration regarding giving notice. If the matter does not require
immediate action, defined to mean action within the day the matter is
presented to the Court, the Court will allow 48 hours, not including
weekends or holidays, for the opposing party to present the opposition.
The Court may dispense with notice for good cause shown.
(5) Temporary guardianships and conservatorships: The above procedures do

not apply to temporary guardianships and conservatorships. See sections
11. T. and 12. J. of these Rules.
(Eff. 1/01/09)
F. PROBATE ORDERS
All orders in probate matters must be complete and bear the noticed hearing date
and department. A decree of distribution must be drawn so that the full extent of
the decree may be determined without reference to the petition on which it is
based or to other documents, such as the decedent’s will. If the distribution
includes any interest in real property, the legal description, including the
assessor’s parcel number, must be included in the body of the decree or in an
attachment incorporated by reference. Any proposed Probate Order submitted to
the Court for signature must contain a footer with the title of the order on every
page, including the signature page, unless it is a Judicial Council form. In
addition, the Court signature and date lines must not be on a page by themselves;
the signature page must contain some text of the order. If a matter is taken off
calendar, any orders submitted will be returned to the party and a new order must
be submitted for the re-noticed hearing date. For orders in uncontested matters,
see Section 1. I.
(Eff. 7/01/10)
8
PROBATE RULES
G. ORDERS CORRECTING CLERICAL ERRORS
If, through inadvertence, the signed order fails to state the order actually made by
the Court, and such inadvertence is brought to the attention of the Court, the Court
may make an order correcting the mistake. The party must submit an affidavit or
a declaration stating the reason for the amended order. The revised order must
take the form of an amended order, setting out the entire order in full as corrected.
(Eff. 1/01/09)
H. LATE FILINGS
All pleadings, documents, and other papers filed within 10 days of the scheduled
hearing date must be delivered directly to the Probate Examiner's office for
review.
I. FACSIMILE FILING
(1) GENERAL POLICY
The Probate Department hereby adopts CRC 2.300 et seq., allowing for
the facsimile filing of documents in matters covered by the Probate Rules.
(Eff. 01/01/08)
(2) AGENCY FILING
Pursuant to CRC 2.303, the Court will accept for filing all documents
submitted by fax filing agencies except those documents specified in CRC
2.300.
(Eff. 7/01/07)
(3) DIRECT FILING
a. The Court elects to allow the filing of documents by facsimile

transmission through an automated facsimile filing service, which
will send facsimiles directly to the court. This version of direct
filing does not permit persons to transmit materials from their own
facsimile machines to the court for filing. All provisions of CRC
2.304 apply to direct filing by facsimile. Direct filings are made
through an independent agency under contract with the Superior
Court.
(Eff. 7/01/07)
b. The facsimile machine of the independent agency must be
available 24 hours a day, although filings received by the agency
after 4:00 p.m. or on court holidays shall be deemed filed on the
next court day.
c. Automated fax filing service must be activated by calling (800)

322-4945. Activation will require placing on file a Visa or
Mastercard credit card number, expiration date, and fax number of
the transmitting fax machine. Confidentiality of the credit card
number will be maintained. Those persons registered to use the
9
PROBATE RULES
service will be provided with the automated fax filing telephone
number. For questions about fax filing, call Automated Payments
Company at (800) 487-4567.
d. In addition to filing and facsimile transmission fees, parties filing

new petitions will be charged an additional fee for postage and
handling for issuance of citations and notices issued by the court at
time of filing.
e. Faxed documents must comply with all filing requirements of the
California Rules of Court and the Local Rules of the Probate
Department. Compliance with filing requirements and proper
transmission of the documents are the responsibility of the sending
party and the automated fax filing service.
(Eff. 7/01/07)
RULE 3 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS
A. LETTERS OF SPECIAL ADMINISTRATION
Petitions for letters of special administration ordinarily will not be granted on less
than 24 hours' notice to the surviving spouse or registered domestic partner, to the
nominated personal representative, or to any other person who, in the opinion of
the Court, appears to be entitled to notice. In making the appointment, preference
is given to the person entitled to letters testamentary or of administration, but if it
appears that a bona fide contest exists between these persons, the Court will
usually appoint a neutral person or corporation as special administrator. The
petitioning party is advised to ascertain whether a bond must be posted prior to
the issuance of letters of special administration.
(Eff. 1/01/05)
B. PETITION FOR PROBATE OF WILL OR CODICIL
When a petition for probate of will or codicil is filed, the original of the document
being offered for probate must be filed prior to, or concurrently with, the petition.
If the will or any part thereof is handwritten, a typewritten copy of the
handwritten portion must also accompany the petition.
If the will is in a foreign language, a translation by an expert must be submitted at

the time of filing the petition for probate. An affidavit or declaration as to the
expertise of the translator must accompany the translation.
C. ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES
In a petition for letters testamentary, letters of administration, letters of

administration with will annexed, or letters of special administration, all heirs
under Probate Code §§ 6402 and 6402.5 known to the petitioner, and all
beneficiaries living at the time of the decedent's death, whether vested or
contingent, who at the time of the decedent's death might be entitled to share in
the distribution of the estate, whether it consists of separate or community
10
PROBATE RULES
property, must be specifically named. If any named beneficiary predeceased the
decedent, that fact must be alleged in the petition with the date of death if known.
All beneficiaries provided for in the will whose interests have been revoked by a
subsequent codicil must also be named.
Where the will devises property to a fiduciary (e.g., trustee, custodian or

guardian), the petition, in addition to giving the name and address of the fiduciary,
must list the names and addresses of all known beneficiaries of the trust,
custodianship, guardianship, etc., who are living or in existence at the date of
death of the decedent. Alternate or successor trustees, custodians, or guardians
need not be named in the petition. If a post office box is listed as the mailing
address for a fiduciary or beneficiary, the street address of the fiduciary or
beneficiary must also be shown if available.
D. PUBLICATION
The publication of the Notice of Petition to Administer Estate is sufficient notice

of all wills or codicils that are offered for probate and filed with, and specifically
referred to in, the petition. Wills or codicils not specifically referred to in the
petition must be presented to the Court in an amended or subsequent petition and
a new Notice of Petition to Administer Estate must be published.
Where the will has been admitted to probate, no new or additional publication of
the Notice of Petition to Administer Estate is required upon the filing of a
subsequent petition for letters testamentary or letters of administration with will
annexed. See Attachment PB-4000 for information to assist in arranging for
publication.
(Eff. 7/01/06)
E. LETTERS
Where the will has been admitted to probate and either there is a vacancy in the
office of the personal representative or no letters testamentary have been granted,
a new petition for letters testamentary or for letters of administration with will
annexed, whichever is applicable, must be filed prior to the issuance of letters.
If the will is denied admission to probate after the filing of a petition for letters
testamentary or for letters of administration with will annexed, e.g., in the event
of a will contest, letters of administration may be granted on the basis of the
petition already on file. No new publication of the Notice of Petition to
Administer Estate is required.
F. DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM
The personal representative must not provide his or her social security number or
driver's license number on the "Duties and Liabilities of Personal Representative"
form (Judicial Council Form DE l47), which is required to be filed in the
proceeding.
11
PROBATE RULES
G. REMOVAL OF PERSONAL REPRESENTATIVE
Individuals requesting removal of a personal representative may petition the Court

for an order for removal. The petitioner may use the local form entitled Petition
to Remove Personal Representative (attached form PB-4042). Anyone objecting
to a petition to remove the personal representative may use the local form entitled
Objection to Petition to Remove Personal Representative (attached form
PB-4037).
(Eff. 1/01/08)
RULE 4 BONDS
A. AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION OF

ESTATE ACT (IAEA)
If a bond is required of the personal representative, the amount of bond required

of a personal representative granted full authority under the IAEA must include
the estimated value of the personal property, the estimated net proceeds of the real
property that may be sold under the IAEA, and the estimated value of the annual
gross income of all of the property belonging to the estate.
B. NON-RESIDENT PERSONAL REPRESENTATIVE
The Court will ordinarily require a non-resident personal representative to post

bond, even if the will waives bond, unless waivers of bond from all heirs or
beneficiaries are filed, in which case the Court, in its sole discretion, may not
require a bond.
(Eff. 1/01/09)
C. INCREASE OR DECREASE IN AMOUNT OF BOND
When it appears to the Court that the bond of any fiduciary is insufficient, the
amount of the bond must be increased at the discretion of the Court. Counsel,
personal representatives, guardians, and conservators are referred to CRC Rule
7.204, with regard to their duty to petition to increase the bond. When it appears
that the bond of any fiduciary is in excess of the required amount, the fiduciary
may petition the Court to reduce the bond. This petition may be presented ex
parte. Fiduciaries and counsel should be aware that it is their responsibility to see
that the bond amount is sufficient. Conservators and guardians of the estate must
seek increases in bond amounts when necessary to meet the requirements of
Probate Code § 2320 and CRC 7.207.
(Eff. 1/01/09)
D. REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING

ASSETS IN BLOCKED ACCOUNT AND PROVIDING RECEIPTS
At any time, a fiduciary may request a reduction of bond or no bond if monies

and/or securities have been deposited into a blocked account in a financial
12
PROBATE RULES
institution or trust company. The order as well as the account must provide that
no withdrawals be made without prior authorization by the Court.
(Eff. 7/01/08)
A petition to reduce the bond by blocked account deposits may be made ex parte.
It is the responsibility of the fiduciary to prepare the Judicial Council form “Order
to Deposit Money into Blocked Account” (form number MC 355). This form
must be presented to the court for signature at the time the petition to reduce the
bond is heard. The fiduciary must also prepare the form “Receipt and
Acknowledgement of Order for the Deposit of Money Into Blocked Account”
(form number MC 356) and present it (along with a copy of the Order to Deposit
Money) to the financial institution accepting the deposit for signature by an
officer of that institution. The depository must file the Receipt within 15 days of
the date of receipt. If the Receipt has not been filed within 45 days of the order,
the fiduciary must file a written explanation with the Court stating the reason the
Receipt has not been filed and when the fiduciary expects the Receipt to be filed.
Where the Court has approved such an order, the order appointing the fiduciary
and letters of conservatorship or letters issued in an estate administration matter
must state that the fiduciary has no authority to take physical possession of money
or other property without specific court order. If a fiduciary or party is using the
"Order to Deposit Money Into Blocked Account" form for deposits in other than
an interest bearing savings account, the fiduciary or party should adapt the form
appropriately.
A petition for withdrawal of funds must be made on Judicial Council form

“Petition For Withdrawal of Funds From Blocked Account (form number
MC 357), and the petitioner must submit for the Court’s signature the Judicial
Council form “Order For Withdrawal of Funds From Blocked Account” (form
number MC 358).
E. BOND ON BORROWING
A petition to borrow money must contain information sufficient for the Court to
determine the proper bond amount.
F. BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS

FIDUCIARY
When a trust company is serving as a guardian or conservator of the estate or as a

trustee, bond is not required under Probate Code § 15602.
(Eff. 1/01/09)
G. STATEMENT RE SUFFICIENCY OF BOND IN REPORTS
ACCOMPANYING ACCOUNTINGS
Fiduciaries must allege in all reports accompanying accountings whether or not
the bond in the case is sufficient under Probate Code § 2320 and CRC 7.207, and,
if not, what steps are being taken to comply with the law and rule.
(Eff. 1/01/10)
13
PROBATE RULES
RULE 5 THE INDEPENDENT ADMINISTRATION OF ESTATES ACT
A. PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT

TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT (IAEA)
Full or limited authority to act pursuant to the IAEA may be requested in the
petition for letters or by a separate petition.
B. EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED
The IAEA has been amended several times. The date letters were last issued
establishes the extent of the powers that can be exercised under the IAEA.
C. REPORT OF ACTIONS TAKEN UNDER THE IAEA
In a petition for preliminary distribution or final distribution, all actions taken

under the IAEA must be reported as set forth in CRC 7.250. Additionally,
petitioner must report the amount paid or received, if applicable.
(Eff. 1/01/04)
D. FILING NOTICE OF PROPOSED ACTION WITH COURT
A copy of any Notice of Proposed Action must be filed with the Court together
with the proof of service.
RULE 6 FAMILY ALLOWANCE
A. BY PETITION TO THE COURT
If the petition is filed before the time required for the filing of the Inventory and
Appraisal, the Court may order a family allowance for a period commencing with
the date of the decedent’s death and continuing until the Inventory is filed, but not
to exceed 6 months.
If the petition is filed (a) more than six months after the personal representative
has been appointed, or (b) after the inventory has been filed, or (c) as a petition
for a second or increased allowance, the Court may order a family allowance for a
definite period, usually not to exceed l2 months. It is the policy of the Court not
to make orders for family allowance for an unlimited period.
The petition must include, insofar as is possible, information as to the assets and
income of the estate.
14
PROBATE RULES
B. BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE IAEA
If the estate is being administered under the IAEA, the personal representative
may pay a family allowance without prior Court order by following the Notice of
Proposed Action procedure.
C. INCOME AND EXPENSE DECLARATION
The petitioner must file an income and expense declaration with the petition for
the family allowance, which demonstrates the need of the applicant with reference
to his or her usual standard of living.
RULE 7 SALE UNDER COURT SUPERVISION
A. PUBLICATION OF NOTICE OF INTENTION TO SELL
The notice of intention to sell must be published in decedents' estates where the
personal representative has not been given the power of sale in the will.
Publication is not required where the personal representative is using the Notice
of Proposed Action procedure under IAEA. For sales in conservatorship and
guardianship proceedings, see Probate Code § 2543(b) and (c), and § 2591.5.
(Eff. 7/01/07)
The report of sale must be filed within 1 year of the last published date of notice
of intention to sell. It is advisable that the published notice call for "cash or such
credit terms and conditions as the Court may approve." There cannot be a
variance in the terms of sale between those shown in the petition and those in the
published notice.
The published notice of intention to sell real property is a solicitation for offers.
No offer can be accepted prior to the expiration of the notice period specified in
the notice of intention to sell.
On filing an appropriate affidavit or declaration, the Court may sign an order

shortening the notice period to five days, with sale permitted on the sixth day after
publication. The practical effect of this order is that only one publication is
necessary.
B. PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;

SALE PROCEDURE
(1) TIME FOR FILING PETITION
A petition for confirmation of sale should be filed by the personal

representative within 30 days after the date of acceptance of a contract.
Note that the property is initially sold by the personal representative and
then returned to the Court for confirmation.
15
PROBATE RULES
(2) CONTRACT OF SALE TO BE FILED WITH COURT
At the time of filing the petition for confirmation, the petitioner must file a
copy of the contract of sale.
(3) DEED OF TRUST
Upon an appropriate showing by the petitioner, the Court may approve a

sale where part of the consideration is to be secured by a deed of trust of
which the personal representative is the beneficiary.
(4) SALE SUBJECT TO ENCUMBRANCE
Sale of real property will not ordinarily be confirmed when the purchaser
assumes or takes subject to an existing encumbrance, if as a result the
estate remains subject to a contingent liability on the encumbrance (i.e.,
"wraps"). The petition must set forth the facts pertinent to such assumption
agreement.
(5) SALES OF FRACTIONAL INTERESTS
Where the estate owns only a fractional interest in the real property, the
petition must state whether the sale by the estate is conditioned upon
closing of a sale of the unowned fraction.
RULE 8 PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS
A. PETITION FOR INSTRUCTIONS
In decedents' estates, guardianships, and conservatorships, a petition for

instructions is available only when no other procedure is provided by statute. For
example, the Court will not determine how a will should be interpreted or the
manner in which an estate should be distributed on a petition for instructions.
Such direction can be obtained only by a petition for distribution or by a petition
to determine persons entitled to distribution.
B. APPOINTMENT OF SUCCESSOR TRUSTEE
A petition seeking appointment of a successor trustee or co-trustee should include

a description of the procedure required by the trust instrument for such
appointment, detailed information demonstrating that the proposed trustee is
qualified to be appointed as a trustee of the trust, whether some or all of the
beneficiaries of the trust have been consulted about the appointment of the
proposed trustee, and a recommendation for the amount of the bond of the
proposed trustee or a showing of good cause why a bond should not be required.
16
PROBATE RULES
RULE 9 ACCOUNTS, REPORTS, FEES, COMMISSIONS, AND DISTRIBUTION
A. FORM OF ACCOUNTS
(1) ACCOUNTS IN DECEDENTS’ ESTATES AND IN TRUSTS
All accounts filed in decedents' estates and in trusts, must follow the
format described in Probate Code § 1061:
(Eff. 7/01/08)
a. TIME PERIOD
All accounts must set forth specifically the period covered by the
account.
b. SUMMARY OF ACCOUNT
Accounts must contain a summary or recapitulation in substantially

the following format:
SUMMARY OF ACCOUNT
The petitioner is chargeable, and is entitled to the credits, respectively, as

set forth in this Summary of Account. The attached supporting schedules
are incorporated by reference.
CHARGES
Amount of Inventory and Appraisal (or if subsequent account,
amount chargeable from prior account) $_________________
Additional Property Received $_________________

(or supplemental inventories)
Receipts during Account Period Other

than Principal (Schedule ___) $_________________
Gains on Sales (Schedule ___) $_________________

Net Income from Trade or Business $_________________
(Schedule ___)
Total Charges: $_________________
CREDITS
Disbursements during Account Period (Schedule ___)
$_________________
Losses on Sales (Schedule ___) $_________________
(e.g., property distributed, homestead or other property set apart)
Net Loss from Trade or Business (Schedule ___) $_________________
17
PROBATE RULES
Distributions (Schedule ___) $_________________
Property on Hand (Schedule ___) $_________________
Total Credits: $_________________
c. SEPARATE SCHEDULES
Each figure on the summary of the account must be supported by

separate schedules. These must include schedules of receipts and
disbursements showing the date, amount, payor, payee, and nature
or purpose of each item. Whenever possible, disbursements must
show check numbers. The gain and loss schedules must reflect the
sales price, the inventory or carrying value, and resultant gain or
loss. The schedule of assets on hand must be itemized showing the
inventory or acquisition value. For all accounts, there must be an
additional schedule showing estimated market value of assets on
hand as of the end of the accounting period, and a schedule of the
estimated market value of the assets on hand as of the beginning of
all accounting periods subsequent to the initial account. The
fiduciary may provide a good faith estimate for the value of real
estate, a closely held business, or other assets without a ready
market.
(Eff. 7/01/07)
Whenever an accounting period exceeds one year, or whenever
income is received from any particular source more than twelve
times in an accounting period, or whenever payments are disbursed
to a particular payee more than twelve times in an accounting
period, it is required that the schedules for receipts and for
disbursements be categorized into subschedules reflecting the
particular income sources or payees for whom there are more than
twelve entries per accounting period. See 2 California Decedent
Estate Practice §§ 19.19 and 19.22 (Cal CEB 1986).
When a trust accounting submitted for approval by the Court

contains disbursements for trustee or attorney fees, the trustee or
attorney must furnish evidence to support the disbursements for
fees in a manner consistent with the requirements of the trust
instrument. If the trust permits “reasonable fees” without court
approval, for instance, the trustee shall furnish an explanation of
how the “reasonable fee” was calculated.
(Eff. 7/01/02)
d. INCOME AND PRINCIPAL ACCOUNTING
All accounts for entities that have separate principal and income
beneficiaries must allocate receipts and disbursements between
principal and income.
18
PROBATE RULES
e. WAIVER OF ACCOUNT
The petition for final distribution on waiver of account must

contain the information required in CRC 7.550, as well as the fair
market value of assets on hand, and must comply with CRC 7.551-
7.552.
(Eff. 7/01/08)
(2) ACCOUNTINGS IN GUARDIANSHIPS AND CONSERVATORSHIPS
(Eff. 7/01/08)
a. All accountings in guardianships and conservatorships filed on or
after January 1, 2008, must follow the content and format required
in CRC 7.575. Accountings are designated as either standard or
simplified. All accountings must use Judicial Council Form
GC-400 (SUM)/GC-405 (SUM) for the Summary of Account.
Guardians and conservators presenting standard accounts may, but
are not required to, use the optional Judicial Council forms
designated as GC-400. Those guardians and conservators
presenting standard accountings who do not use the optional
Judicial Council forms are required to use the content and format
called for in those forms, but may submit accountings prepared on
conventional accounting programs. Guardians and conservators
presenting simplified accounts must use the Judicial Council forms
designated as GC-405.
b. Organization of Schedules: All accountings must provide all

information required in Probate Code §§ 1060 – 1064.
Receipts schedules must use the categories and format used by the
optional judicial forms:
• Dividends; Interest; Pensions, Annuities, other Periodic

Payments; Rent; Social Security, Veterans Administration, and
Other Public Benefits; Other Receipts.
Schedules for Receipts of Principal, Gains on Sales, Income from

Business, and Loss on Sales do not have a mandated format.
Disbursements schedules must use the categories used by the

optional Judicial Council forms:
• Caregiver Expenses; Residence or Long Term Care Facility

Expenses; Ward’s Educational Expenses; Fiduciary and
Attorney Fee Expenses; General Administration Expenses;
Investment Expenses; Living Expenses; Medical Expenses;
Property Sale Expenses; Rental Property Expenses; and Other
Expenses. See CRC 7.575 (e).
(Eff. 7/01/08)
19
PROBATE RULES
c. At the time the Court appoints a conservator or guardian, and
unless the court waives the requirement of the conservator or
guardian to file periodic accountings with the Court, the court must
set a compliance date for the conservator or guardian to file his or
her first account and report, which must be on the Friday calendar
at 9:30 a.m. no later than 60 days after the first year anniversary of
the appointment of the conservator or guardian. If the conservator
or guardian has filed the accounting, this will be a nonappearance
matter. At the time the court hears an account and report, it must
set a compliance date for the next account and report, which must
be on the Friday calendar at 9:30 a.m. no later than 60 days after
each subsequent biennial anniversary of the conservatorship or
guardianship.
d. Pursuant to Probate Code § 2620, the guardian or conservator may

elect to lodge with the Court the originals of the account
statements and all other documents referenced in § 2620(c). The
originals of all such documents shall be released by the Court as
provided in § 2620(c)(8).
(Eff. 1/01/11)
(3) STATEMENT RE SUFFICIENCY OF BOND IN REPORTS
ACCOMPANYING ACCOUNTINGS
Fiduciaries must allege in all reports accompanying accountings whether
or not the bond in the case is sufficient under Probate Code § 2320 and
CRC 7.207, and, if not, what steps are being taken to comply with the law
and rule.
(Eff. 1/01/10)
B. ALLEGATIONS REGARDING CREDITOR'S CLAIMS AND REPORT

OF ACTIONS TAKEN UNDER IAEA
It is not sufficient in any petition for distribution to allege merely that all claims
have been paid. Petitioners must provide all information required under CRC
7.403. The allegations regarding disposition of all claims must appear in the
petition for final distribution even though they may have appeared in whole or in
part in prior petitions. See 5.C for report of actions taken under IAEA.
C. FRANCHISE TAX BOARD CERTIFICATE
Where an estate's inventory is appraised at $1,000,000.00 or more and

$250,000.00 or more is distributable to beneficiaries not residing in California, an
estate income tax certificate must be obtained from the Franchise Tax Board
before the court will order final distribution. See Revenue and Taxation Code
§ 19513 and Title 18 CCR § 19513 and CRC 7.551.
(Eff. 7/01/04)
20
PROBATE RULES
D. STATUTORY COMMISSIONS AND FEES
(Eff. 1/01/04) All parties and counsel are directed to CRC 7.700 and 7.701.
(1) PAYABLE AFTER COURT ORDER
Statutory commissions and fees (herein "statutory compensation") are

payable only after a Court order authorizing them.
(2) BOTH HALVES OF COMMUNITY PROPERTY PROBATED
If both halves of the community property are properly included in the

probate proceeding, statutory compensation calculated on both halves of
the community property will be allowed.
(3) CALCULATION
Unless statutory compensation is waived, calculation of the statutory

compensation (including calculation of the fee base) and any prior
payments of statutory compensation must be included in the petition for
compensation.
(4) ALLOWANCE ON ACCOUNT
Allowances on account of statutory compensation will generally be

allowed in proportion to the work completed.
(5) ACCOUNTING WAIVED
Where the accounting is waived, the basis of the statutory compensation

shall be the inventory value of the estate plus, if applicable, receipts, gains
on sales, less losses on sale, as provided in CRC 7.550 and 7.705. Such
receipts and gains or losses must be reflected in the report of the personal
representative.
(Eff. 1/01/09)
(6) PAYMENT OF COSTS, FEES, AND COMMISSIONS WHERE
CASH INSUFFICIENT
Where the estate at final distribution has no cash or insufficient cash to

pay costs, attorney’s fees, and/or personal representative's commissions,
an explanation of the source of payment of these obligations must be
submitted.
E. COMPENSATION FOR EXTRAORDINARY SERVICES
(1) EXPLANATION REQUIRED
A detailed explanation of the extraordinary services performed and the
21
PROBATE RULES
amount of compensation requested for such services must be separately
stated in a declaration under penalty of perjury executed by the person
rendering the services. See also the standards set forth in Section 9.G.
The explanation must include the statement of facts required by CRC
7.702.
(Eff. 1/01/04)
The Court may consider the amount of statutory fees when determining
compensation for extraordinary services.
(2) COURT APPEARANCE
In all cases in which there is a request for compensation for extraordinary

services, the attorney for the personal representative or the personal
representative must be present at the hearing, unless the matter is on the
approved calendar.
(3) ALLOWANCE ON ACCOUNT
Allowances on account of compensation for extraordinary services

ordinarily will not be allowed.
F. COSTS
Where reimbursement for costs incurred is requested by the personal

representative or attorney, the cost items advanced by such party must be
separately stated with a description of each cost item.
G. COMPENSATION FOR GUARDIANS, CONSERVATORS, TRUSTEES,

AND THEIR COUNSEL, AND FOR COUNSEL FOR A CONSERVATEE
OR WARD
A petition for compensation of a guardian, conservator, trustee, and counsel, or

for counsel for a conservatee or ward, must be accompanied by a complete
statement of the services rendered, an explanation of the value or benefit of those
services to the estate, and the total amount requested for such services, made
under penalty of perjury and executed by the person rendering the services. The
nonexclusive factors the Court may consider in determining the fees of a guardian
or conservator are listed in CRC 7.756. The nonexclusive factors the Court may
consider in determining the fees of a trustee are listed in CRC 7.776. Where a
trust accounting that is submitted for court approval shows payments made to the
trustee, guardian, conservator, or his or her counsel, or counsel for a ward or
conservatee, it must be accompanied by the information described in this
paragraph, even though the trust instrument may provide for such payments
without requiring court approval. All petitions for compensation to a conservator,
guardian, or counselor for a conservator, guardian, conservatee, or ward, or for
compensation to a trustee or counsel for a trustee in a matter where a trust has
been created to hold the assets of a conservatee or ward, must be served on the
22
PROBATE RULES
Court Investigator as well as on all persons required under the law to be served.
(Eff. 1/01/09)
A conservator or guardian who is a professional may not necessarily be
compensated for all services rendered at that person's ordinary professional rate.
Requests for fees by family-member conservators, including registered domestic
partners, for visits to the conservatee will ordinarily not be approved.
(Eff. 7/01/08)
H. NO COMPENSATION WITHOUT COURT ORDERS
There is no authority for paying any compensation to an executor, an

administrator, a guardian, a conservator, or an attorney for any such fiduciary, or
an attorney for the conservatee or ward, from the estate in advance of a court
order authorizing such payment. There is no authority for paying any
compensation to the trustee or the attorney for the trustee from a trust to which
CRC 7.903 applies in advance of a Court order authorizing such payment.
(Eff. 7/01/05)
I. PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE

LISTED
A petition for distribution must describe in detail all property to be distributed as

set forth in CRC 7.651-652.
(Eff. 7/01/04)
An order of distribution must be drafted so that it is complete without reference to
the petition, and without reference to any documents that are not part of the order.
Complete legal descriptions of all assets (e.g., real property, securities, and
security interests) and the full names of all distributees must be set forth in the
order. It is suggested that an order of distribution include the current address of
devisees of real property and the assessor's parcel number of the property.
J. AGREEMENTS FOR DISTRIBUTION OF ASSETS
If distribution is to be other than according to the terms of the will or the laws of
intestate succession, there must be on file a written agreement signed by all
parties affected by the distribution.
K. FILING OF RECEIPTS FOR PRELIMINARY DISTRIBUTIONS
Receipts for property distributed pursuant to a petition for preliminary distribution

must be on file before the Court will approve a petition for final distribution.
(Eff. 7/26/00)
23
PROBATE RULES
RULE 10 SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY
PETITIONS
A. WHEN FILED WITH PETITION FOR PROBATE
A spousal or registered domestic partner property petition must be filed separately

from a petition for probate of the will or for administration of the estate, as set
forth in CRC 7.301. If the two are filed simultaneously, or if probate proceedings
are already pending, an additional filing fee for the spousal or registered domestic
partner property petition will not be required. Both petitions must be filed under
the same case number.
(Eff. 1/01/05)
B. SURVIVORSHIP CONDITION IN WILL
If the right of a spouse or registered domestic partner to take under a will is

conditioned on survival for a specified period of time, no property will be set
aside or confirmed to the spouse or registered domestic partner until the
expiration of the time period. If the petition is filed before the expiration of the
survivorship period, a separate declaration executed by the petitioner after the
survivorship period has expired must be filed with the Court.
(Eff. 1/01/05)
RULE 11 CONSERVATORSHIPS
A. PETITION FOR APPOINTMENT OF CONSERVATOR
(1) BONDS
Bond will ordinarily be required for the first year for the conservator of
the estate, even though the conservatee has signed a nomination of
conservator waiving bond. The provisions of Sections 4.C through 4.F of
these rules apply to conservators. The amount of the bond must include
one year's income from all sources of income of the conservatee, any sums
required under Probate Code § 2320(c), and the fair market value of real
property for conservators authorized to sell or encumber such property
pursuant to Probate Code § 2590.
(Eff. 7/1/10)
(2) INDEPENDENT POWERS
A request for independent powers under Probate §§ 2590 and 2591 will
not be granted without specifying each power requested and the specific
reasons for the need for each power requested.
(Eff. 1/01/08)
24
PROBATE RULES
(3) MEDICAL TREATMENT POWER
A petition seeking authorization to give informed consent for medical

treatment of a conservatee must be supported by an appropriate
declaration on the Judicial Council form as described below, furnishing
evidence required by Probate Code § 813, stating that there is no form of
medical treatment for which the conservatee has the capacity to give
consent and the reasons therefore and signed by a medical practitioner or
licensed psychologist, which must be filed with the Court prior to the
hearing. This form may be filed as an attachment to the Petition for
Appointment of Conservator and served upon all persons who receive the
Petition. If this form is not attached to the Petition, it must be served
separately by mail or personally, at the option of petitioner, upon the
proposed conservatee. The petitioner may designate the legal capacity
form as confidential by attaching two Confidential Document Cover
Sheets (see Attachment PB-4003) to it at the time it is filed. It is required
to use Judicial Council form GC-335, “Capacity Declaration-
Conservatorship,” as described below:
(Eff. 1/01/09)
a. For a Conservatorship of the Person only, In Which No Dementia
Powers Are Being Sought: California Rules of Court require the
use of Judicial Council form GC-335 to provide the evidence
necessary to support a finding by the Court that a conservatee lacks
the capacity to give an informed consent for any form of medical
treatment.
b. For a Conservatorship of the Person only, With Request for

Dementia Powers: Attach Judicial Council form GC-335A to
Judicial Council form GC-335.
(Eff. 7/01/04)
If the Petitioner is not able to obtain the cooperation of an authorized
declarant to complete the Capacity Declaration form, petitioner or counsel
may apply for an Ex Parte Order by submitting a completed Judicial
Council form GC-333, “Ex Parte Application for Order Authorizing
Completion of Capacity Declaration – HIPAA,” and also Judicial Council
form GC-334, “Ex Parte Order Re Completion of Capacity – HIPAA” to
the Probate Counter Clerk for issuance. It is recommended to have the
signed order certified.
(Eff. 1/01/06)
25
PROBATE RULES
(4) FILING PROCEDURES FOR CONSERVATORSHIP/
GUARDIANSHIP CALENDAR
All orders for appointment of conservator or guardian must be delivered to

the Probate Examiner's office four court days prior to the date of the
appointment hearing. All other papers (e.g., proofs of service) must be on
file or delivered to the Probate Examiner's office by 4 p.m. on the Friday
prior to the hearing.
(Eff. 1/01/09)
(5) EVIDENCE REQUIRED TO SUPPORT PETITION FOR
CONSERVATORSHIP OF ESTATE OR PERSON AND ESTATE
(Eff. 1/01/09)
Because a Conservatorship of the Estate or of the Person and Estate is an
adjudication that the conservatee lacks the legal capacity to enter into or
make any transaction that binds the estate, a petitioner who seeks
appointment of a conservator of the estate and is using a medical or
psychological professional as declarant must submit a Judicial form GC-
335, “Capacity Declaration – Conservatorship” with Attachment PB-4015,
“Capacity Declaration – Conservatorship of the Estate Attachment”
attached, to provide evidence establishing that the proposed conservatee
suffers from a deficit in mental functions that significantly impairs the
proposed conservatee’s capacity to make decisions, consistent with the
requirements of Probate Code § 811.
(Eff. 1/01/09)
If the petitioner who is not relying upon a medical or psychological
professional to complete the Capacity Declaration wishes to seek
appointment of a conservator of the estate, the petitioner must have a lay
declarant complete the “Layperson’s Declaration re Legal Capacity”
shown as Attachment PB-4016 to these Local Rules.
(Eff. 7/01/06)
The Capacity Declaration may be filed as an attachment to the Petition for
Appointment of Conservator and served upon all persons who receive the
Petition. If the Capacity Declaration is not attached to the Petition, it must
be served separately by mail or personally, at the discretion of the
petitioner, upon the proposed conservatee. The petitioner may designate
the legal capacity form as confidential by attaching two completed
Confidential Document Cover Sheets (see attached form PB-4003) to it at
the time it is filed.
(Eff. 7/01/06)
26
PROBATE RULES
(Eff. 1/01/06)
B. REFERRAL FOR INVESTIGATOR'S REPORT; TRANSMITTAL OF
DOCUMENTS TO COURT INVESTIGATOR
A local form entitled "Referral for Investigator's Report--Conservatorship"

(attached form PB-4002) must be completed and signed under penalty of perjury
by the proposed conservator and submitted at the time the petition is filed. This
form shall be confidential. The proposed conservator shall submit with the
referral a color photograph of the proposed conservatee. The petitioner must
provide copies of the following documents, for use by the Court Investigator, with
the Referral form: (1) Petition for Appointment of Conservator and attachments;
(2) Confidential Supplemental Information Form; (3) Legal Capacity Declaration;
(4) all other documents submitted to the court as evidence in the matter. All
persons objecting to an appointment must submit a copy of the objections and any
other evidence to be filed in the matter to the Court Investigator.
(Eff. 1/01/11)
C. NOTICE OF HEARING
The petitioner should determine how much time will be required for any agency
(e.g., Court Investigator's office, San Andreas Regional Center, etc.) to complete
its report or evaluation and set the petition for hearing accordingly.
D. DUTIES OF CONSERVATOR
To assure that their duties and obligations are understood, all proposed
conservators must file with the Court, before Letters of Conservatorship are
issued, the Judicial Council form entitled "Duties of Conservator." The form may
be signed and submitted prior to the date set for hearing. It is not necessary for
proposed conservators to check boxes on page 4 of the form relating to
acquisition of the handbook. See Section 11.G.
E. ATTENDANCE AT THE HEARING
The proposed conservatee, if located in California, must attend the hearing for
appointment of a conservator unless:
(1) The proposed conservatee states to the Court Investigator that he or she
approves both the conservatorship and the proposed conservator(s) and
does not wish to attend; or
27
PROBATE RULES
(2) The proposed conservatee states to the Court Investigator that he or she
objects either to the conservatorship or the proposed conservator but
chooses not to attend; or
(Eff. 1/01/09)
(3) Judicial Council form GC-335, indicating a medical inability to attend, has
been filed. When filing a Judicial Council form GC-335 to provide
evidence of a medical inability to attend, such reasons as "senility," "hard
of hearing," or "confused" are insufficient. Any condition that would
result in pain or potential medical harm to the conservatee is acceptable, as
is incontinence.
(Eff. 1/01/09)
(Eff. 1/01/06)
If the petitioner is represented by an attorney, the attorney must always attend the
hearing.
If the proceeding is for the establishment of a limited conservatorship, the

proposed conservatee should arrive one-half hour before the hearing to be
interviewed by the Public Defender.
(Eff. 7/01/02)
F. CONTESTED MATTERS
When a party becomes aware that a matter will be contested, that party must
advise the Court of the estimated time necessary to hear the matter.
The Court's primary concern is the health and welfare of the conservatee. Parties
in a contested matter should be prepared to proceed on the day set for hearing.
The Court will ordinarily hear brief testimony of the objecting parties and render
a decision forthwith.
G. PURCHASE OF HANDBOOK AND VIEWING OF FILM
Before letters of conservatorship are issued, all conservators (except corporate or

institutional conservators) must obtain a copy of the Handbook for Conservators
published by the Judicial Council of California and view a film on the duties and
responsibilities of a conservator. Proper proof of the purchase of the handbook
and attendance of the film viewing will be required. The handbook and local
supplement will be available for purchase at the Probate Clerk's office. The cost
of the handbook may be reimbursed from the conservatorship estate.
28
PROBATE RULES
Viewing of the film is free of charge and is scheduled at the court courthouse on
the day of the hearing to appoint conservator. A conservator who resides out of
the County of Santa Clara may arrange with his/her attorney to view the film
through the attorney's office, or may make arrangements to view the film through
the Court Investigation office of the conservator's county of residence.
H. ORDER APPOINTING CONSERVATOR
On the Judicial Council form entitled "Order Appointing Probate Conservator,"

paragraphs 7 and 21 concerning ability to vote should be left blank. The Court
will make its own determination at the hearing based upon the Court
Investigator's report. Paragraphs 9 and 20 concerning fees refer only to Court-
appointed counsel for the conservatee. These paragraphs do not apply to the
attorney for the conservator. In all cases, the following information should be
inserted at paragraph 11: Court Investigations Unit, 191 North First Street, San
Jose, California 95113, telephone (408) 882-2761.
(Eff. 7/01/07)
I. FILING OF INVENTORY AND APPRAISAL
The Inventory and Appraisal and the Notice of How to File an Objection must be
filed and served within 90 days of appointment pursuant to Probate Code § 2610.
A copy must also be served on the Court Investigator. Where the conservatorship
estate consists of community property managed by a nonconservatee spouse or
registered domestic partner, who either is or is not the conservator, the community
property is not administered as part of the conservatorship estate, should not be
part of the inventory, and should not be accounted for. (See Probate § 3051.)
(Eff. 1/01/08)
At the time of appointment, the Court will set a compliance review approximately
94 calendar days after the appointment to confirm that the Inventory and
Appraisal and Notice of How to File an Objection have been filed and served. If
the Inventory and Appraisal is not on file at that time, the Court may issue an
order to produce the Inventory and Appraisal, which will be served by certified
mail on the conservator and on the attorney for the conservator.
(Eff. 7/01/08)
J. LETTERS OF CONSERVATORSHIP OF THE ESTATE
The conservator is advised to record letters of conservatorship of the estate in any

county where real property belonging to the conservatee is located. (Probate
Code § 1875.)
K. ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR
At the time of filing of the conservator's accounting, a "Referral for Investigator's

Report" form (attached form PB-4002) must be submitted, attached to a copy of
the accounting, for review by the Court Investigator. See also Section 9.A. (1)
and (2) on the format of accountings and on accounting compliance dates.
(Eff. 7/01/10)
29
PROBATE RULES
L. SALE OF CONSERVATEE'S RESIDENCE
The sale of the conservatee's residence (including a mobile home) will not be
approved by the Court until a Court Investigator's report showing the necessity for
the sale is on file. The conservator must file a declaration complying with
Probate Code § 2540(b) whenever the conservator seeks authorization to sell the
conservatee's present or former personal residence. A copy of the notice of the
hearing and the required declaration, as well as any petition filed regarding the
sale, must be sent to the Court Investigator with the required "Referral for
Investigator's Report" form.
Sale of the residence must comply with the procedures required for sale of real or
personal property and Probate Code § 2591.5.
(Eff. 1/01/08)
M. CHANGE OF RESIDENCE OF CONSERVATOR OR CONSERVATEE
When the address of the conservatee will be changed, the Pre-move Notice of
Proposed Change of Personal Residence of Conservatee or Ward (JC form GC-
079), and also the Post-Move Notice of Change of Residence of Conservatee or
Ward (JC form GC-080) must be filed with the Court and a copy mailed to the
Court Investigator. This is in addition to the Notice requirements of Probate Code
§ 2352 and CRC 7.1063.
When the address of the conservator will be changed, the Notification of Change
of Address of Conservator/Guardian (attached form PB-4047) must be filed with
the Court and a copy mailed to the Court Investigator.
(Eff. 1/01/11)
N. REMOVAL OF CONSERVATEE FROM CALIFORNIA
A conservatee who is under a conservatorship of the person and who is a

California resident may be moved from California only upon first obtaining the
permission of the Court. Unless a longer period is otherwise specified by the
Court, the conservatee must be returned to California within four months unless a
conservatorship proceeding (or its equivalent) is commenced in the place of the
new residence. If a conservatee is not returned to California, the conservator must
file a declaration showing proof of the establishment of the conservatorship (or its
equivalent) in the new jurisdiction. (See Probate Code § 2352.) Petitioner must
submit a local form entitled “Referral for Investigator’s Report” (Attachment PB-
4002) upon the filing of a petition to move a conservatee from California and
must attach a copy of the notice of hearing and a copy of the petition to the
referral form for review by the Court Investigator.
(Eff. 7/01/06)
30
PROBATE RULES
O. APPOINTMENT OF LIMITED CONSERVATOR FOR THE
DEVELOPMENTALLY DISABLED
If the requested conservatorship is for a developmentally disabled adult, the

proceedings must comply with the limited conservatorship code sections, even
though the petition requests establishment of a general conservatorship as an
alternative.
A copy of the notice of hearing and the petition must be sent to the Public
Defender assigned to the conservatorship calendar and to the appropriate Regional
Center. The addresses for the local agencies are:
Probate Deputy San Andreas Regional Center

Office of the Public Defender Attn: Regional Center Psychologist
120 W. Mission Street P.O. Box 50002
San Jose, California 95110 San Jose, California 95150
P. REMOVAL OF CONSERVATOR
Individuals requesting removal of a conservator may petition the Court for an

order for removal. The petitioner may use the local form entitled Petition to
Remove Conservator (attached form PB-4040). Anyone objecting to a petition to
remove the conservator may use the local form entitled Objection to Petition to
Remove Conservator (attached form PB-4035).
(Eff. 1/01/08)
Q. TERMINATION OF CONSERVATORSHIP
Petitioner must submit a local form entitled "Referral for Court Investigator -
Conservatorship" (attached form PB-4002) upon the filing of a petition to
terminate a conservatorship and must attach a copy of the notice of hearing and a
copy of the petition to the referral form for review by the Court Investigator.
(Eff. 1/01/08)
Upon termination of a conservatorship, all claims filed by the Court Investigator's
unit for its services, unless waived, must be paid before the Court will sign an
order settling the final account. See CRC 7.1052 and 7.1054.
(Eff. 7/01/04)
R. DEATH OF CONSERVATEE
(1) TERMINATION UPON DEATH WHEN ACCOUNT IS DUE
Upon the death of the conservatee, the conservator shall turn over the
conservatee’s assets to the appointed personal representative or, if none, to
the person or persons entitled thereto, less a reasonable reserve for closing
expenses and attorney and conservator fees.
(Eff. 7/01/05)
The conservator’s final account shall include an account for the period
ending on the date of death of the conservatee, and shall show all property
on hand as of the date of death of the conservatee. Additionally, pursuant
to Probate Code § 2620 (b), a supplemental accounting, to be incorporated
31
PROBATE RULES
in the final account and report, shall reflect all post-death transactions and
show property on hand as of the filing of the accounting. If a personal
representative has been appointed in a probate proceeding following the
death of the conservatee, then the probate case number must be set forth in
the final report and account.
(Eff. 1/01/09)
(2) TERMINATION UPON DEATH WHEN NO ACCOUNT IS DUE
Upon the death of the conservatee, if no account is due, the conservator

must file a notice of death of conservatee with a photocopy of the
conservatee's death certificate attached and must serve a copy of the notice
on the Court Investigator.
S. CONFIDENTIAL SUPPLEMENTAL INFORMATION
(Eff. 1/01/09)
The supplemental information required of conservators by Probate Code
§ 1821(a) at appointment must be filed on Judicial Council form GC-312
(“Confidential Supplemental Information”) separately from the petition and must
have two completed Confidential Document Cover Sheets (see attached form PB-
4003) attached. This Confidential Supplemental Information form must be
verified (Probate Code § 1021).
(Eff. 1/01/09)
T. TEMPORARY CONSERVATORSHIPS
(1) PETITION FOR APPOINTMENT
The petition for appointment of a temporary conservator may be filed only

with or after the filing of a petition for appointment of a permanent
conservator. The petition must state facts establishing the urgency
requiring the appointment of a temporary conservator. A situation
requiring immediate action to protect the health, welfare, or the estate of
the proposed conservatee will be sufficient. Ordinarily, a situation
requiring immediate action constitutes good cause.
(Eff. 1/01/09)
(2) IMMEDIATE NOTIFICATION OF COURT INVESTIGATOR
Petitioner or petitioner’s attorney should contact the Court Investigator’s

Office at (408) 882-2761 as soon as possible when it appears that a
temporary conservatorship may be requested in order that the Investigator
can begin the investigation and report necessary for the appointment of a
temporary conservator.
(Eff. 1/01/09)
(3) PRIOR REVIEW OF PETITION
All petitions for a temporary conservatorship must be presented to the

Probate Examiner's office for review before presentation to the Court.
32
PROBATE RULES
(4) NOTICE
Since a petition for temporary conservatorship is ordinarily filed only in

cases requiring immediate action, the Court may dispense with the five
day notice requirement. Petitioner must comply with the requirements of
CRC 7.1062. If notice is dispensed with by the Court, the petition may be
heard on an ex parte basis.
(Eff. 7/01/08)
(5) LETTERS OF TEMPORARY CONSERVATORSHIP
Letters of temporary conservatorship expire on the appointment of a

general conservator. Letters of temporary conservatorship should be
recorded in counties where conservatees possess real property. (See
Probate Code § 1875.) When the temporary conservator will come into
possession of personal property of the conservatee, bond as provided in
Rule 11.A.(1) of these rules must be posted before temporary letters of
conservatorship of the estate can be issued.
(Eff. 7/01/07)
(6) POWERS OF TEMPORARY CONSERVATOR
The temporary conservator has only those powers allowed by the Probate
Code or specifically granted by the Court. The Court generally grants
only the powers necessary to meet the situation that has caused the
application for a temporary conservatorship. There is no provision in the
law for granting exclusive medical powers under a temporary
conservatorship, absent a hearing for a grant of powers under Probate
Code § 1880, et seq. A temporary conservator may also seek
authorization to give consent for treatment under Probate Code § 2357.
The court requires that there be a grant of exclusive medical powers under
section 1880 for there to be a grant of powers under Probate Code
§ 2356.5.
(Eff. 7/26/00)
(7) CHANGE OF RESIDENCE OF TEMPORARY CONSERVATEE
When the residence of a temporary conservatee is proposed to be changed,

the hearing must be calendared for the first Tuesday afternoon
conservatorship appointment calendar following the date of filing of the
petition. A "Referral for Court Investigator - Conservatorship” form
(Attachment PB-4002) must be submitted when the petition is filed, and a
copy of the petition must be attached to the referral and submitted to the
clerk at that time. See Probate Code § 2253.
(Eff. 1/01/08)
33
PROBATE RULES
U. PRIVATE PROFESSIONAL CONSERVATORS
(1) APPOINTMENT OF PROFESSIONAL FIDUCIARY AS
CONSERVATOR
(Eff. 1/01/09)
A person seeking appointment as a professional conservator must be
licensed as a professional fiduciary as defined in Business & Professions
Code §§ 6500 et seq. before the Superior Court can make such
appointment. All pleadings filed by a professional fiduciary must include
the fiduciary’s license number as issued by the Professional Fiduciary
Bureau.
(Eff. 1/01/09)
(2) DISCLOSURE OF FEE SCHEDULE
At the time a private professional conservator is nominated to serve as

conservator, the petitioner must attach the private professional’s fee
schedule to the petition for appointment of conservator and must serve the
fee schedule as part of the petition upon all persons entitled to service of
the petition under Probate Code § 1822 and also to the Court Investigator.
If the Court appoints a private professional fiduciary who was not
nominated in the petition as a temporary conservator, the private
professional must attach his/her fee schedule to the order appointing
temporary conservator at the time the order is filed with the Court and
must mail a copy of the fee schedule to all persons entitled to service of
the petition under Probate Code § 1822 and also to the Court Investigator.
(Eff. 7/01/08)
(3) FILING OF ESTIMATED FEES; COMPLIANCE HEARING
Unless the Court otherwise orders, at the time of the appointment, the
Court must order the private professional conservator to file with the
Court a plan of estimated fees of the private professional conservator, his
or her staff, and his or her counsel, to cover the first year of the
conservatorship, and to serve a copy of the plan of estimated fees on all
persons entitled to notice of the original petition under Probate Code
§ 1822, the Court Investigator, and any persons who have requested
special notice. The Court must set a date not more than 94 calendar days
after the appointment for a compliance hearing, which shall be a
nonappearance matter if the plan of estimated fees has been filed. If the
plan of estimated fees is not on file at that time, the Court must issue an
order to produce the plan of estimated fees, which must be served by
certified mail on the conservator and on the attorney for the conservator.
The plan of estimated fees is not binding upon the conservator and/or
counsel. All conservator fees and attorney fees are subject to review and
approval by the Court, pursuant to Probate Code § 2640 et seq.
(Eff. 7/01/08)
V. CONSERVATEES’ TRUSTS
(1) When a conservator or some other person seeks an order under the
34
PROBATE RULES
doctrine of substituted judgment to create a trust that contains assets of the
conservatee, the petition should provide detailed information
demonstrating that the proposed trustee is qualified to be appointed as a
trustee of the trust. In addition, the proposed trust must comply with all
provisions required in CRC 7.903, including but not limited to requiring a
bond for the trustee and periodic accountings to the Court. The proposed
trust should be attached to the petition as an exhibit. At the time of filing
of the trustee's accounting, a "Referral for Investigator's Report" form
(attached form PB-4002) must be submitted, attached to a copy of the
accounting, for review by the Court Investigator. See also Section 9.A. (1)
and (2) on the format of accountings and on accounting compliance dates.
(Eff. 7/01/10)
If the conservator of the estate is named trustee, the conservator may elect
to treat the trust estate as part of the conservatorship estate for purposes of
bond and accounting and shall not be required to post a separate bond as
trustee. The trustee must file the trust, the court order approving
establishment of the trust, and the trustee's bond, if applicable, in a new
file with a probate file number, and the filing should take place within 30
days after court approval of the trust. The trust may be filed as a
confidential document by attaching two copies of the Confidential
Document Cover Sheet. (See attached form PB-4003.)
(Eff. 1/01/10)
(2) When a conservator or some other person seeks appointment of a successor
trustee of the conservatee's existing living trust, the court may require the
successor trustee to post a bond, place the trust under court supervision,
and provide accountings for the trust parallel to the accounting schedule of
the conservatorship. In such case, the trustee must file the trust, the court
order approving the trust, and the bond, in a new file with a probate file
number, and the filing should take place within 30 days after court
approval of the appointment of the successor trustee. The trust may be
filed as a confidential document by attaching two copies of the
Confidential Document Cover Sheet. (See attached form PB-4003.)
(Eff. 7/01/06)
W. NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED
JUDGMENT PETITIONS
Whenever a petition for substituted judgment is brought, the petitioner shall

complete the local form entitled "Referral for Court Investigator -
Conservatorship” (attached form PB-4002) and must attach a copy of the notice of
hearing and a copy of the petition to the referral form for review by the Court
Investigator.
(Eff. 1/01/08)
35
PROBATE RULES
RULE 12 GUARDIANSHIPS
A. GUARDIAN OF MINOR’S ESTATE

(1) INVESTIGATION
The proposed guardian must complete and sign under penalty of perjury a
"Referral for Court Investigator & Questionnaire – Guardianship”
(attached form PB-4005) at the time the petition for establishment of
guardianship is filed. This form is confidential. Together with the
“Referral for Court Investigator & Questionnaire – Guardianship” the
proposed guardian must present a signed Authorization for Release of
Information form (attached form PB-4014) to enable court investigators to
access the information required in Probate Code § 1513.
(Eff. 1/01/09)
(2) BOND REQUIRED
Bond will ordinarily be required for the first year for the guardian of a
minor's estate even if a nomination of guardian has been signed waiving
bond. The provisions of sections 4.C through 4.F of these local rules
apply to guardianships. The amount of the bond must include one year's
income from all sources of income of the ward, any sums required under
Probate Code § 2320(c), and the fair market value of real property for
guardians authorized to sell or encumber such property pursuant to
Probate Code § 2590.
(Eff. 7/01/10)
(3) INDEPENDENT POWERS
A request for independent powers under Probate Code §§ 2590 and 2591
will not be granted without specifying each power requested and the
specific reason for the need for each power requested.
(Eff. 1/01/08)
(4) FILING OF INVENTORY AND APPRAISAL
The Inventory and Appraisal and the Notice of How to File an Objection
must be filed and served within 90 days of appointment pursuant to
Probate Code § 2610. A copy must also be served on the Court
Investigator. At the time of appointment, the Court will set a compliance
review approximately 94 calendar days after the appointment to confirm
that the Inventory and Appraisal and Notice of How to File an Objection
have been filed and served. If the Inventory and Appraisal is not on file at
that time, the Court may issue an order to produce the Inventory and
Appraisal, which will be served by certified mail on the guardian and on
the attorney for the guardian.
(Eff. 7/01/08)
36
PROBATE RULES
B. PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR'S PERSON
(1) INVESTIGATION
The proposed guardian must complete and sign under penalty of perjury a
"Referral for Court Investigator & Questionnaire – Guardianship”
(attached form PB-4005) at the time the petition for establishment of
guardianship is filed. This form is confidential. Together with the
“Referral for Court Investigator & Questionnaire – Guardianship” the
proposed guardian(s) must present a signed Authorization for Release of
Information form (attached form PB-4014) to enable court investigators to
access the information required in Probate Code § 1513.
(Eff. 1/01/08)
(2) NOTICE
The following are the local addresses for notice according to Probate Code
§§ 1516 and 1542:
Program Manager, Emergency Response Services

Santa Clara County Social Services Agency
333 W. Julian Street San José, California 95110
Social Services Agency

Department of Family and Children's Services
333 W. Julian Street
San José, California 95110 (Non-relative guardians only)
The California Department of Social Services

744 P Street
Sacramento, California 95814 (Non-relative guardians only)
(Eff. 7/01/02)
(3) MINOR'S FATHER UNKNOWN
If it is alleged that the minor's father is unknown, a photocopy of the

minor's birth certificate should be attached to the affidavit or declaration in
support of an order dispensing with notice. Use of the terms "withheld" on
the birth certificate with reference to the father does not mean "unknown,"
and should be further explained in the allegation.
C. LOCATION OF GUARDIANSHIP HEARINGS WHERE THERE ARE

CASES IN BOTH PROBATE AND FAMILY COURT
(1) If there is an action pending in Family Court regarding the custody of a
minor child and a subsequent action for Guardianship of the Person or
Person and Estate of the minor child is filed in the Probate Court, the cases
should be coordinated for hearing purposes and assigned for hearing to the
Probate Court At the earliest opportunity, the cases shall be linked in the
calendar system, so that the judicial officer hearing the matter is made
37
PROBATE RULES
aware of the existence of the other case or cases. The Guardianship file
and the Family Court file or files shall be marked to clearly indicate the
existence of the other case or cases. Pursuant to California Rules of Court,
Rule 5.154, the proposed guardian, temporary guardian, or guardian, may
be joined into the Family Court action as a party.
(2) If there is a Guardianship of the Person or Person and Estate of a minor
child pending in the Probate Court and a subsequent action regarding the
custody of the child is filed in Family Court, the cases should be
coordinated for hearing purposes and assigned to the Probate Court Judge
for hearing in the Probate Court. At the earliest opportunity, the cases shall
be linked in the calendar system, so that the judicial officer hearing the
matter is made aware of the existence of the other case or cases. The
Guardianship file and Family Court file or files shall be marked to clearly
indicate the existence of the other case.
(3) Petitions for Guardianship of the Estate only of a minor child will be heard
in the Probate Court, even if there is a Family Court action on file. The
two files shall be coordinated and linked in the computer system, so that
both judges are aware of the other case.
D. LOCATION OF HEARINGS ON RESTRAINING ORDERS WHERE
THERE IS A PENDING GUARDIANSHIP
If there is an application for restraining orders under the Domestic Violence
Prevention Act or the Civil Harassment Prevention Act which involves a party to
a pending Guardianship matter and is related to the Guardianship matter, the
hearing on the restraining orders will be scheduled and heard in the Probate Court.
The Family Court and the Probate Court will coordinate scheduling these
hearings. The initial restraining order request and any temporary restraining
orders shall be filed at Family Court. Any Orders After Hearing that are a result
of a hearing at the Probate Court will be filed at the Probate Court Clerk’s Office.
(Eff. 7/01/10)
E. OBJECTION TO GUARDIANSHIP
Individuals objecting to a petition to establish a guardianship may use the local

form entitled Objection to Guardianship (attached form PB-4043). All persons
objecting to an appointment must submit a copy of the objections and any other
evidence to be filed in the matter to the Court Investigator.
(Eff. 1/01/08)
F. DUTIES OF GUARDIAN
To assure that their duties and obligations are understood, each guardian must file
with the Court, before letters of guardianship are issued, the Judicial Council form
entitled "Duties of Guardian” (Form GC-248). The form may be signed and
submitted prior to the date set for hearing.
(Eff. 1/01/08)
38
PROBATE RULES
G. ATTENDANCE AT THE HEARING
The proposed guardian, the petitioner, and the petitioner's attorney must attend the
hearing. The guardian will receive instructions concerning the guardian's duties
immediately following the hearing.
(Eff. 7/26/00)
H. CONTESTED GUARDIANSHIP
(1) Family Group Conferences/Mediation
If there is a contested Guardianship of the Person or a contested Petition
for Visitation in a Guardianship matter, the Court may order the parties to
participate in mediation or one or more Family Group Conferences
through Family Court Services (FCS) or a private mental health
professional agreed to by all parties. The referral to a Family Group
Conference will usually be made at the first hearing where any party
objects to the guardianship or a request for visitation. Mediation is
confidential, whereas Family Group Conferences are not confidential. All
parties and their counsel may participate in the conferences, along with
counsel for the minor(s). The minor(s) may be required to attend any
Family Group Conferences at the discretion of the person conducting the
conference or as ordered by the Court.
(2) Emergency Screenings
In any case in which an emergency exists, the Court may order a staff
member of FCS to conduct an “emergency screening” (a preliminary and
limited evaluation). The purpose of the screening shall be to provide the
Court with recommendations regarding the temporary custody, visitation,
and related conditions for the minor children who are the subject of the
guardianship.
When an emergency screening is ordered, the Order shall be made on a
Probate Order for Emergency Screening and the Emergency Screening
Instructions (attached form PB-4046) shall be served on all parties ordered
to the emergency screening.
(Eff. 1/01/11)
If the parties agree to and sign the screening recommendations, they shall
be submitted to the Court for review and signature.
If a party objects to the screening recommendations, a brief hearing,
generally less than 30 minutes, will be held on the day of the screening, or
as soon as possible.
Fees will be charged for emergency screenings by FCS, absent a Fee
Waiver.
39
PROBATE RULES
(3) Documents provided to evaluator or screener
Any documents provided to an evaluator or screener shall be accompanied
by either Judicial Council Proof of Service (POS-020 or POS—030) or the
FCS “Declaration of Mailing or Personal Service” form (FM-1061),
except for documents handed to an evaluator or screener in the presence of
the other party or counsel (in which case copies shall be provided at the
same time to the other party or counsel). Whichever form is used, the
number of submitted pages shall be stated. FCS may require a party to
index and prioritize the review of submitted documents.
(4) Miscellaneous
a. Complaints: A complaint may be submitted by letter to FCS with
proof of service of a copy to all other parties.
b. Challenges: Peremptory challenges to FCS evaluators, private
evaluators appointed by the Court, and mental health professionals
appointed by the Court to do psychological testing shall not be
permitted. Challenges for cause of such individuals shall first be
directed to the director of FCS. If that does not resolve the matter,
such a challenge shall be directed in writing to the Probate Judge.
Copies of any challenges for cause shall be provided to all counsel
and self-represented parties.
(5) Evaluations
a. The Court may, in its discretion, order an evaluation by FCS
regarding issues relating to a contested guardianship. Such an
evaluation shall be a supplement to the report of the Court
Investigator. All parties and their counsel, along with counsel for
the children, shall attend the initial appointment for the evaluation.
The evaluation report shall be completed within 90 days from the
initial appointment with the evaluator.
b. The director of FCS (or the director’s designee) shall have the
exclusive responsibility for case assignment to evaluators within
FCS.
c. Children must be present for the initial evaluation appointment
when (and only when) a party participating in the evaluation
resides more than 100 miles from San José, or the Court or the
evaluator directs that the children be available. When the children
are required to be present under this Rule, the custodial party shall
bring an adult who can care for the children. All parties shall
cooperate with an evaluator in arranging times for the evaluator to
see the children after the initial evaluation appointment, if
requested by the evaluator.
(Eff. 1/01/09)
40
PROBATE RULES
d. The evaluator will interview the parties, separately or jointly as
appropriate, and their attorneys, and may schedule additional
interviews with the parties, children, or others to complete the
evaluation. If one attorney fails to appear at the initial appointment,
as required, the evaluator has the discretion to proceed with the
parties only and to reschedule the appointment with all attorneys.
Sanctions may be imposed, upon notice, for the attorney’s failure
to appear.
e. Confidentiality of Evaluation Reports: Evaluation reports are
confidential and shall be sent to attorneys and self-represented
parties only. The confidential report shall not be duplicated,
disseminated, or in any other way provided or shown to any
individual not a party to the proceedings, except consulting
experts, court ordered therapists, and court ordered evaluators.
The evaluation report shall be placed in the confidential part of the
Court file. Evaluation reports, including psychological evaluations,
shall not be attached as exhibits to any papers filed with the Court.
f. Fees: Fees will be charged by FCS for evaluations, unless a waiver

is granted. When the Court orders a custody/visitation evaluation
through FCS, the parties shall submit deposits or fee waiver
requests to FCS within 5 court days of receipt of the Court’s order.
g. Any party shall have 15 calendar days after the date of mailing of
the evaluation recommendations to file and serve written
objections to the recommended order.
h. If objections are filed, the parties shall contact the evaluator to
schedule a meeting to discuss the objections. This meeting shall
take place before the Guardianship Settlement Conference (GSC).
If any party fails to cooperate in setting, or fails to attend, this
meeting after objections, the Court at the GSC may sign the
recommended order and may order sanctions.
i. Objections: Objections shall be in writing and shall include the
following:
i. the specific paragraphs and language to which the party
objects;
ii. the reasons for the objections; and
iii. the proposed modified language.
Objections shall be filed with the Court, along with a proof of
service on all counsel or self-represented parties. FCS or the
private evaluator must be served with an endorsed filed copy of the
objections, which must also be shown on a proof of service.
41
PROBATE RULES
If no objections are filed within 15 calendar days from the date of
the mailing of the evaluation recommendations, the recommended
order shall be submitted to the Court for review and signature.
(6) GUARDIANSHIP SETTLEMENT CONFERENCE (GSC)

a. If the parties are not able to resolve the objections in the meeting
with the evaluator following the filing of the objections, a GSC
shall be calendared with the Court. The GSC shall be set within 30
days of the meeting with the evaluator.
b. All attorneys and parties and the evaluator shall attend the GSC at
the scheduled time and place, to address the settlement of all
contested issues or the issues to be tried.
c. Statement of Issues: No settlement conference statement shall be
required for a GSC; however, each party shall file and serve a
Statement of Issues at least 10 calendar days before the GSC. The
Statement of Issues shall clearly set forth any remaining issues and
any proposed alternative language. Previously filed objections
may be attached and incorporated by reference. In addition, the
Statement of Issues shall state the time estimated for trial and
provide a list of witnesses anticipated to be called at trial. Each
party shall bring two copies of the Statement of Issues to the GSC.
d. If agreement is not reached at the GSC, the Court may set the case
for trial or hearing.
e. Failure to Appear: If a party fails to appear at the GSC, a hearing
may be held that day and custody/visitation orders may be made.
In addition, on notice to the parties, the Court may order sanctions
for the failure to appear.
(Eff. 1/01/09)
I. CHANGE OF RESIDENCE OF GUARDIAN OR WARD
When the address of the ward will be changed, the Pre-move Notice of Proposed
Change of Personal Residence of Conservatee or Ward (JC form GC-079), and
also the Post-Move Notice of Change of Residence of Conservatee or Ward (JC
form GC-080) must be filed with the Court and a copy mailed to the Court
Investigator. This is in addition to the Notice requirements of Probate Code
§ 2352 and CRC 7.1013.
When the address of the guardian will be changed, the Notification of Change of
Address of Conservator/Guardian (attached form PB-4047) must be filed with the
Court and a copy mailed to the Court Investigator.
(Eff. 1/01/11)
42
PROBATE RULES
J. USE OF WARD'S ASSETS FOR SUPPORT
If a ward has a living parent or receives or is entitled to support from another

source, prior Court approval must be obtained before using guardianship assets
for the ward's support, maintenance, or education. (See Probate Code § 2422.)
The petition must set forth the financial inability of the parent or parents or other
circumstances that would justify use of the guardianship assets. Such request for
Court approval may be included in the petition for appointment of guardian. An
order granting such petition should be for a limited period of time, usually not in
excess of six months or for a specific and limited purpose.
(Eff. 7/26/00)
K. ACCOUNTINGS
(1) REFERRAL TO COURT INVESTIGATOR
At the time of filing of the guardian's accounting, a Referral for

Investigator's Report form (attached form PB-4005) must be submitted,
attached to a copy of the accounting, for review by the Court Investigator.
See also Rule 9.A. (1) and (2) on the format of accountings and on
accounting compliance dates.
(Eff. 7/01/10)
(2) ACCOUNTING REQUIRED AT TERMINATION UNLESS
WAIVED; ACCOUNTING COMPLIANCE DATES
At termination of a guardianship of the estate, an accounting as required

by CRC 7.1004, must be filed unless waived by a ward who has reached
majority pursuant to Probate Code § 2627. See CRC 7.1007(a); see also
Section 9.A. (2) on the form of accounting and accounting compliance
dates.
(Eff. 1/01/09)
L. TERMINATION OF GUARDIANSHIP OF THE PERSON
Whenever a petition to terminate a guardianship is brought, the Petitioner must

complete the local form entitled Referral for Court Investigator & Questionnaire –
Guardianship (attached form PB-4005) and must attach a copy of the notice of
hearing and copy of the petition to the referral form for review by the Court
Investigator. Individuals objecting to a Petition to Terminate Guardianship may
use the local form entitled Objection to Petition to Terminate Guardianship
(attached form PB-4039).
(Eff. 1/01/09)
M. TEMPORARY GUARDIANSHIPS
(1) PETITION FOR APPOINTMENT
The petition for appointment of a temporary guardian must be filed with or

after the filing of a petition for appointment of a permanent guardian. The
43
PROBATE RULES
petition must state facts establishing the urgency requiring the
appointment of a temporary guardian. A situation requiring immediate
action to protect the health, welfare, or the estate of the proposed ward
will be sufficient. Ordinarily, a situation requiring immediate action
constitutes good cause.
(2) PRIOR REVIEW OF PETITION
All petitions for a temporary guardianship must be presented to the

Probate Examiner's office for review before presentation to the Court.
(Eff. 7/01/02)
(3) NOTICE
Since a petition for temporary guardianship is ordinarily filed only in

cases requiring immediate action, the Court may dispense with the five
day notice requirement. Petitioner must comply with the requirements of
CRC 7.1012. If notice is dispensed with by the Court, the petition may be
heard on an ex parte basis. Persons obtaining an ex parte order must
reserve a date for reconsideration within 30 days, pursuant to Probate
Code § 2250(d).
(Eff. 7/01/08)
(4) LETTERS OF TEMPORARY GUARDIANSHIP
Letters of temporary guardianship expire on the appointment of a general

guardian.
(Eff. 7/26/00)
(5) POWERS OF TEMPORARY GUARDIAN
The temporary guardian has only those powers allowed by the Probate
Code or specifically granted by the Court. The Court generally grants
only the powers necessary to meet the situation that has caused the
application for a temporary guardianship.
(Eff. 7/26/00)
N. REMOVAL OF GUARDIAN
Individuals requesting removal of a guardian may petition the Court for an order
for removal. The petitioner may use the local form entitled Petition to Remove
Guardian (attached form PB-4041). Anyone objecting to a petition to remove the
guardian may use the local form entitled Objection to Petition to Remove
Guardian (attached form PB-4036).
(Eff. 1/01/08)
44
PROBATE RULES
O. VISITATION
Individuals requesting visitation orders in guardianships may petition the Court

for an order or visitation. The petitioner may use the local form titled Probate
Petition for Visitation (attached form PB-4013), and the local form titled
“Visitation Order (Probate)” (attached form PB-4011) with Judicial Council Form
FL-341 titled “Child Custody and Visitation Order Attachment.”
(Eff. 7/01/06)
P. FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA
The residence of a ward who is under a guardianship of the person and who is a
California resident may be fixed outside of California only upon first obtaining
the permission of the Court. Unless a longer period is otherwise specified by the
Court, the ward must be returned to California within four months unless a
guardianship proceeding (or its equivalent) is commenced in the place of the new
residence. If a ward is not returned to California, a declaration must be filed
showing proof of the establishment of the guardianship (or its equivalent) in the
new jurisdiction. See Probate Code § 2352. Petitioner must submit a local form
entitled "Referral for Court Investigator & Questionnaire – Guardianship”
(attached form PB-4005) upon the filing of a petition to fix the residence of the
ward outside of California and must attach a copy of the notice of hearing and a
copy of the petition to the referral form for review by the Court Investigator.
(Eff. 1/01/07)
RULE 13 GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF
MINORS AND PERSONS WITH A DISABILITY
A. GUARDIAN AD LITEM
A guardian ad litem has no authority to accept funds on behalf of a minor or

person with a disability.
(Eff. 1/01/11)
B. WHERE PETITIONS ARE PRESENTED
Unless otherwise ordered by the Court, all claims of minors and persons with a
disability, both where an action is pending and where no action is pending, must
be heard by the judge assigned to hear compromises of claims of minors and
persons with a disability.
(Eff. 7/01/05)
C. CONTENTS OF PETITION
The petition to compromise a minor's claim must contain, in addition to those

matters required by statute and by CRC 7.950 to 7.955, the names and addresses
of the minor's parents.
(Eff. 1/01/04)
Where the minor's settlement is part of a larger settlement, the petition must state
in detail the factual basis for the proposed allocation to the minor or the person
with a disability.
(Eff. 7/01/05)
45
PROBATE RULES
For personal injury claims of minors and persons with a disability, unless waived
by the Court, the petition must have attached a current medical report (prepared
within 4 weeks of the date of the petition) that gives a diagnosis and a prognosis
of the condition of the individual. The report must be prepared by a licensed
physician who has treated the minor or person with a disability. It is not
permissible to substitute the medical records of the minor or the person with a
disability for this report.
(Eff. 7/01/05)
D. PRESENCE OF MINOR OR PERSON WITH A DISABILITY
Unless excused by the Court, the minor or person with a disability, the petitioner,
and at least one of the minor's parents or guardians must be present at the hearing.
(Eff. 7/01/05)
E. EX PARTE PETITIONS
In certain circumstances, in the Court's sole discretion, petitions may be presented

ex parte. These cases are only those in which the net settlement to the minor or
person with a disability, after deduction of attorney fees and costs, is less than
$5,000.
(Eff. 7/01/05)
F. ATTORNEY FEES
In any matter involving Court approval of the claim of a minor or a person with a
disability for property damage, personal injury and/or wrongful death, the Court
must allow the attorney a fee not in excess of 25% of the net amount received for
the minor or person with a disability (total recovery less costs incurred by the
attorney), unless the attorney by declaration establishes good cause for the Court,
in the exercise of its discretion, to allow a larger fee.
(Eff. 1/01/11)
G. MEDICAL MALPRACTICE MATTERS
Medical malpractice cases may justify a higher attorney fee than that commonly
awarded in compromises of claims of minors or persons with a disability. The
Court will, in an appropriate case, award the maximum fee permissible under
Business and Professions Code § 6146. The fee contract must be disclosed to the
Court upon request.
(Eff. 7/01/05)
H. DISTRIBUTION
Upon approval of the petition to compromise, the judge must direct whether the
funds are to be paid to a parent, to a blocked account, to a guardian or conservator
of the estate, or to some other appropriate fiduciary. When deposit in a blocked
account is ordered, parties must use the Judicial Council forms referred to in
section 4.E above.
It is the responsibility of the fiduciary to file a Receipt for the blocked account,
46
PROBATE RULES
signed by an officer of the financial institution accepting the deposit, within 15
days of the date of deposit. If the Receipt has not been filed within 45 days of the
order, the fiduciary must file a written explanation with the Court within 45 days
of the order, stating the reason the Receipt has not been filed and when the
fiduciary expects the Receipt to be filed.
I. FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES
A request for withdrawal of funds for the minor's support, maintenance, or

education may be made ex parte if accompanied by a sufficient showing of need.
However, where the minor has a living parent or the minor receives or is entitled
to support from another source, the petition must contain the allegations referred
to in Section 12.F above. In such cases the Court may require that the matter be
set for noticed hearing. A petition for withdrawal of funds must be made on
Judicial Council form “Petition For Withdrawal of Funds From Blocked Account
(form number MC 357), and the petitioner must submit for the Court’s signature
the Judicial Council form “Order For Withdrawal of Funds From Blocked
Account” (form number MC 358).
Where there is no prior Court record of the minor's date of birth, a petition to
release funds from the blocked account upon the minor's majority must be
accompanied with a copy of the minor’s birth certificate.
J. TRANSFER OF FUNDS OF A MINOR OR A PERSON WITH A

DISABILITY TO A TRUST
When it is proposed to put the funds of a minor or person with a disability in a

trust, including a special needs trust, the petition should provide detailed
information demonstrating that the proposed trustee is qualified to be appointed as
a trustee of the trust. In addition, the proposed trust must comply with all
provisions required in CRC 7.903, including but not limited to requiring a bond
for the trustee and period accountings to the Court. The proposed trust should be
attached to the petition as an exhibit. At the time of filing of the trustee's
accounting, a "Referral for Investigator's Report" form (attached form PB-4002)
must be submitted, attached to a copy of the accounting, for review by the Court
Investigator. See also Section 9.A. (1) and (2) on the format of accountings and
on accounting compliance dates.
(Eff. 7/01/10)
The trustee must file the trust, the court order approving establishment of the
trust, and the trustee's bond, if applicable, in a new file with a probate file number,
and the filing should take place within 30 days after court approval of the trust.
The trust may be filed as a confidential document by attaching two copies of the
Confidential Document Cover Sheet. (See attached form PB-4003.)
(Eff. 7/01/06)
47
PROBATE RULES
RULE 14 COMPENSATION OF REFEREES
The compensation of the referee must be subject to Probate Court authorization or

approval.
RULE 15 MINOR’S EMANCIPATION
A. DEPARTMENT
All petitions for minor’s emancipations are heard in the Probate Department of
the Superior Court.
(Eff. 7/01/02)
B. INVESTIGATION
An investigation into the circumstances surrounding the minor’s request for
emancipation will be conducted by the Court Investigator, who will prepare a
written report for the Court.
(Eff. 7/01/02)
C. REPRESENTATION
Where the minor is unrepresented, he/she must have the petition and
accompanying documents reviewed by an attorney. Written verification that the
minor has met with an attorney must be submitted to the Court when the petition
is filed.
(Eff. 7/01/02)
D. STATEMENT
The minor is to submit to the Court, with his/her petition, a personal statement,
under penalty of perjury, specifying in detail the reasons for the emancipation
request and describing the circumstances giving rise to the request.
(Eff. 7/01/02)
E. APPEARANCE
The minor must attend the hearing on the petition, and anyone who desires to be
heard on the emancipation petition may attend. The hearing is to be non-
adversarial.
(Eff. 7/01/02)
RULE 16 REMOVAL OF TRUSTEE
Individuals requesting removal of a trustee may petition the Court for an order for
removal. The petitioner may use the local form entitled Petition to Remove
Trustee (attached form PB-4034). Anyone objecting to a petition to remove the
trustee may use the local form entitled Objection to Petition to Remove Trustee
(attached form PB-4038).
(Eff. 1/01/08)
48
PROBATE RULES
RULE 17 NAME CHANGE
A. DEPARTMENT
All petitions for name changes are heard in the Probate Department of the
Superior Court.
(Eff. 7/01/02)
B. AGE OF MINOR
The age of the minor who is the subject of a name petition must be stated in the
petition.
(Eff. 7/01/02)
C. WRITTEN CONSENT
A minor, 12 years of age or older, who is the subject of a name change petition,
must give written consent to the name change and must be present in Court on the
date of the hearing to be questioned by the Court.
(Eff. 7/01/02)
49
PROBATE COURT RULES
ATTACHMENTS
ATTACHMENT PB-4000 Listing of Newspapers of General Circulation
ATTACHMENT PB-4002 Referral for Court Investigator - Conservatorship
ATTACHMENT PB-4003-1 Confidential Document Cover Sheet (Conservatorship)
ATTACHMENT PB-4003-1a Confidential Document Cover Sheet (Conservatorship-CSF)
ATTACHMENT PB-4003-2 Confidential Document Cover Sheet (Guardianship)
ATTACHMENT PB-4003-2a Confidential Document Cover Sheet (Guardianship-CSF)
ATTACHMENT PB-4003-3 Confidential Document Cover Sheet (Trust)
ATTACHMENT PB-4005 Referral for Court Investigator & Questionnaire -

Guardianship
ATTACHMENT PB-4011 Visitation Order (Probate)
ATTACHMENT PB-4013 Probate Petition for Visitation
ATTACHMENT PB-4014 Authorization for Release of Information
ATTACHMENT PB-4015 Capacity Declaration – Conservatorship of the Estate
Attachment
ATTACHMENT PB-4016 Lay Person’s Declaration Re Legal Capacity
ATTACHMENT PB-4034 Petition to Remove Trustee
ATTACHMENT PB-4035 Objection to Petition to Remove Conservator
ATTACHMENT PB-4036 Objection to Petition to Remove Guardian
ATTACHMENT PB-4037 Objection to Petition to Remove Personal Representative
ATTACHMENT PB-4038 Objection to Petition to Remove Trustee
ATTACHMENT PB-4039 Objection to Petition to Terminate Guardianship
ATTACHMENT PB-4040 Petition to Remove Conservator
ATTACHMENT PB-4041 Petition to Remove Guardian
ATTACHMENT PB-4042 Petition to Remove Personal Representative
ATTACHMENT PB-4043 Objection to Guardianship
ATTACHMENT PB-4045 Objection
ATTACHMENT PB-4046 Probate Order for Emergency Screening
ATTACHMENT PB-4047 Notification of Change of Address of
Conservator/Guardian
ATTACHMENT PB-4000
SANTA CLARA SUPERIOR COURT RULES

The following list is not intended to be an exclusive listing of newspapers of general circulation.
Newspaper Phone No. Fax No. Publishes Pickup Est. Fees
CAMPBELL EXPRESS 408-374-9700 408-374-0813 Wednesday No $185.00

Campbell Deadline: Friday by 5:00 p.m.
E-mail: legals@campbellexpress.com
CUPERTINO COURIER 408-200-1024 408-200-1010 Wednesday No $327.00

Cupertino Deadline: Friday at 12:00 noon
E-mail: legalads@SVCN.com
EL OBSERVADOR 408-938-1700 408-938-1705 Friday No $65.00

Santa Clara County Deadline: Wednesday at 5:00 p.m.
E-mail: maria@el-observador.com
GILROY DISPATCH 408-842-5079 408-842-3817 Tues./Fri. No $300.00

Gilroy Deadline for Tues.: Thurs. at 2:00 p.m.
San Martin Deadline for Fri.: Tues. at 2:00 p.m.
E-mail: legals@svnewspapers.com
LA OFERTA REVIEW 408-436-7850 408-436-7861 Friday No $250.00

Santa Clara County Deadline: Friday (1 week) prior
E-mail: legalads@laoferta.com
LOS ALTOS TOWN CRIER 650-948-9000 650-948-9213 Wednesday No $300-$325

Los Altos Deadline: Thursday at 12 noon
Los Altos Hills (unless holiday Friday or Monday)
E-mail: legals@latc.com
LOS GATOS WEEKLY TIMES 408-200-1024 408-200-1010 Tuesday No $327.00

Los Gatos Deadline: Friday at 12:00 noon
Monte Sereno E-mail: legalads@SVCN.com
MILPITAS POST 408-262-2454 x23 408-263-9710 Thursday No $338.00

Milpitas Deadline: Wednesday at 5:00 p.m. (8 days) prior
E-mail: postlegals@yahoo.com
MORGAN HILL TIMES 408-842-5079 408-842-3817 Tues./Fri. No $300.00

Morgan Hill Deadline for Tues.: Thurs. at 2:00 p.m.
San Martin Deadline for Fri.: Tues. at 2:00 p.m.
Coyote E-mail: legals@svnewspapers.com
MOUNTAIN VIEW VOICE 650-326-8210 x6578 650-326-3928 Friday No $441.00

Mountain View Deadline: Friday (1 week) prior
E-mail: asantillan@paweekly.com
PALO ALTO WEEKLY 650-326-8210 x6578 650-326-3928 Friday No $441.00

Palo Alto Deadline: Tues. at 12:00 noon
E-mail: asantillan@paweekly.com
SAN JOSE CITY TIMES 408-200-1024 408-200-1010 Wednesday No $117.00

San José Deadline: Friday at 12:00 noon
Eff. 7/01/10
ATTACHMENT PB-4000
SAN JOSE MERCURY NEWS 408-920-5332 408-920-1805 Daily No $150.00

San José Deadline: 10 a.m. 2 business days prior to publication
E-mail: legals@mercurynews.com
SAN JOSE POST-RECORD 408-287-4866 408-287-2544 Mon.-Fri. Yes $145.00

Mountain View Deadline: 3 days prior
San José E-mail: fay_locsin@dailyjournal.com
SANTA CLARA WEEKLY 408-243-2000 408-243-1408 Wednesday No $350.00

Santa Clara Deadline: Friday
E-mail: scweekly@ix.netcom.com
SARATOGA NEWS 408-200-1024 408-200-1010 Tuesday No $327.00

Saratoga Deadline: Friday at 12:00 noon
SUNNYVALE SUN 408-200-1024 408-200-1010 Wednesday No $327.00

Sunnyvale Deadline: Friday at 12:00 noon
Eff. 7/01/10
ATTACHMENT PB-4002
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NUMBER: FOR COURT USE ONLY
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

STREET ADDRESS: 191 North First Street
MAILING ADDRESS: 191 North First Street
CITY AND ZIP CODE: San Jose, California 95113
DIVISION: Probate Division
Conservatorship of (Name): Temp Hrg Date:
Person Estate Limited Perm Hrg. Date:
CASE NUMBER:
REFERRAL FOR COURT INVESTIGATOR -
CONSERVATORSHIP
Note: A fee may be assessed for Court Investigator Services – See Probate Code § 1851.5
This Referral is being sent to the Probate Investigator’s Office for an investigation regarding (check all that apply):
Appointment Accounting/Review Termination
Medical Powers Dementia Powers Other: (specify):
Sale of (former) Residence Substituted Judgment _____________________
Information about the (Proposed) CONSERVATEE

(Proposed) Conservatee’s CURRENT address:
Address:
Phone number:
(Proposed) Conservatee’s HOME address:
Address:
Phone number:
Birth Date:
Social Security number:
Marital Status: Single/Divorced Widowed Married Registered Domestic Partner
Special needs (i.e. language)?
Is (proposed) conservatee under an LPS Conservatorship now? Yes No
If yes, LPS #
(Proposed) Conservatee’s Attorney (name):

Address:
Phone number: Fax number:
CONFIDENTIAL – DO NOT PUT IN COURT FILE

PB-4002 REV 1/08 REFERRAL FOR COURT INVESTIGATOR - CONSERVATORSHIP Page 1 of 5
www.courtinfo.ca.gov
(PROBATE – SANTA CLARA COUNTY)
ATTACHMENT PB-4002
Conservatorship of (Name): Case Number:
General Hearing Date:
Information about the (Proposed) CONSERVATOR
All proposed Conservators must complete the information on this page. If there is more
than one proposed Conservator, attach a copy of this page for each person.
Name:
Relationship to Conservatee: Spouse Son/Daughter Registered Domestic Partner
Other (describe):
Home Address:
Home phone: Fax number:
Birth Date:
Social Security number:
Driver’s License number:
Work phone: Cell phone:
(Proposed) Conservator’s Attorney (name):
Address:
Phone number: Fax number:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Signature of Proposed Conservator
Information sheet(s) for (number) of (proposed) co-conservators is attached.

ATTACHMENT PB-4002
Information about (Proposed) Conservatee’s Relatives & Friends

List the spouse or registered domestic partner, 1st and 2nd degree relatives (these are parents,
children, brothers/sisters, grandparents and grandchildren), neighbors and close friends of the
(proposed) conservatee.
Name:
Relationship to (proposed) conservatee:
Home Address:
Home phone: Work phone: Cell phone:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:

ATTACHMENT PB-4002
Information about (Proposed) Conservatee’s Relatives & Friends
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:

ATTACHMENT PB-4002
Information about OTHER ADULTS (age18 or older) who reside with the proposed Conservatee
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:
Name:
Home Address:

ATTACHMENT PB-4003-1
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FOR COURT USE ONLY
COURT ADDRESS: 191 North First Street

CITY AND ZIP CODE: San José, California 95113
PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797
BRANCH NAME: Downtown Courthouse – Court Investigator’s Division
IN THE MATTER OF THE

Limited Conservatorship Conservatorship
RE:
CASE NUMBER:
CONFIDENTIAL DOCUMENT COVER SHEET
(Conservatorship)
RE: CONSERVATORSHIP:
The following documents shall be made available only to parties, persons given notice of the petition who have
requested the document or who have appeared in the proceedings, their attorneys, and the court. The court shall
have discretion at any other time to release the document, if it would serve the interests of the conservatee.
Probate Code §1821: Supplemental Information form.

Probate Code §2250.6: Court Investigator’s temporary appointment report.
Probate Code §2250.6: Court Investigator’s ex-parte temporary appointment report.
Probate Code §1826: Court Investigator’s appointment report.
Probate Code §1850(a): Court Investigator’s report six months after initial appointment of conservator.
Probate Code §1850(a)(2): Court Investigator’s first year review report with an accounting.
Probate Code §1850(a)(2): Court Investigator’s first year review report without an accounting.
Probate Code §1851: Court Investigator’s biennial review report with accounting.
Probate Code §1851: Court Investigator’s biennial review report without an accounting.
Probate Code §1850(a)(2): Court Investigator’s 12 month status report.
Probate Code §1850(b): Court Investigator’s report requested by court order.
Probate Code §2355: Court Investigator’s report regarding medical consent authority.
Probate Code §2356.5: Court Investigator’s report regarding dementia authority.
Probate Code §2540: Court Investigator’s report regarding sale of personal residence.
Probate Code §1827.5: Ltd. Conservatorship: Regional Center assessment.
Probate Code §1850.5: Ltd. Conservatorship Court Investigator’s appointment report.
Probate Code §1850.5: Ltd. Conservatorship first year Court Investigator’s review report.
Probate Code §1850.5: Ltd. Conservatorship Court Investigator’s biennial report.
COMPETING PETITION REPORT
Other:
PB-4003-1 REV 07/01/10 CONFIDENTIAL DOCUMENT COVER SHEET Page 1 of 1

(Conservatorship)
ATTACHMENT PB-4003-1a

PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797

Limited Conservatorship Conservatorship
RE:
CASE NUMBER:
(Conservatorship - CSF)
RE: CONSERVATORSHIP:
The following documents shall be made available only to persons who have been designated by the Court to assist
the Court in determining whether a proposed conservator should be appointed.
Cal. Rules of Court, Rule 7.1050: Confidential Conservator Screening Form.
Other:
PB-4003-1a REV 07/01/10 CONFIDENTIAL DOCUMENT COVER SHEET Page 1 of 1

(Conservatorship - CSF)

PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797
IN THE MATTER OF GUARDIANSHIP OF:
CASE NUMBER:
(Guardianship)
RE: GUARDIANSHIPS:
The following documents shall be made available only to parties, persons given notice of the petition
who have requested the document or who have appeared in the proceedings, their attorneys, and the
Court. The Court shall have discretion at any other time to release the document, if it would serve the
interests of the minor.
Probate Code §1513: Court Investigator/Family Court Services/Social Services Agency report for
appointment of Guardian.
Probate Code §1513.2: Confidential Guardianship Status report.
Review of Existing Guardianship Reports
Other:

(Guardianship)
ATTACHMENT PB-4003-2a

PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797
CASE NUMBER:
(Guardianship)
RE: GUARDIANSHIPS:
The following documents are confidential and shall be made available only to persons who have been
designated by the Court to assist the Court in determining whether a proposed guardian should be
appointed.
Cal. Rules of Court, Rule 7.1001: Confidential Guardianship Screening Form
Other:

(Guardianship)

PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797

Guardianship Limited Conservatorship
Conservatorship Trust
RE:
CASE NUMBER:
(Trust)
RE: ESTATE PLANNING DOCUMENTS:
The following estate planning documents shall be made available only to persons who have applied to
the court and have been granted permission to review the documents.
Estate Planning Documents:

(Trust)
ATTACHMENT PB-4005
For Court use only:
Temp hrg date: __________________

Perm hrg date: __________________
REFERRAL FOR COURT INVESTIGATOR & QUESTIONNAIRE -

GUARDIANSHIP
Case number (if you have one): ____________________________
Guardianship of (name): _________________________________________ Person Estate
Do you think anyone will disagree with the guardianship? Yes No

If yes, who? Name: ________________________________ Telephone number: _______________________
Has Child Protective Services (CPS) ever been called about the child(ren) in this case? Yes No
If yes, which County: Santa Clara Other (County name): _____________________________________
Are there any custody orders about the child(ren) in this case? Yes No
If yes, which County: Santa Clara Other (County name): _____________________________________
Information about the CHILD(REN) -
Child n Name: __________________________________________________________________________

Birth Date: ______________________
Social Security number: ________________________________
School, Grade, School Telephone number: ___________________________________________________
Child o Name: __________________________________________________________________________

Birth Date: ______________________
Child p Name: __________________________________________________________________________

Birth Date: ______________________
Check if there are more children in the case add information about them on another page.

_____________________________________________________________________________________
REFERRAL FOR COURT INVESTIGATOR & QUESTIONNAIRE - GUARDIANSHIP
(Probate)
Rev. 1/01/07 Page 1 of 4
PB-4005
Information about the PROPOSED GUARDIANS’S ATTORNEY -
Proposed Guardian doesn’t have an attorney
Name: __________________________________________________________________________________
Address: ________________________________________________________________________________
Phone number: ____________________________ Fax number: __________________________________
Information about the PROPOSED GUARDIAN(S) –
Proposed Guardian n:
Name: __________________________________________________________________________________
Relationship to child(ren): Grandparent Aunt/Uncle Other: ____________________________
Birth Date: ______________________
Driver’s License number: _________________________________
Home Address: __________________________________________________________________________
Home Phone number: _________________________ Cellphone number: __________________________
Work Address: ___________________________________________________________________________
Work Phone number: _________________________ Fax number: ________________________________
Proposed Guardian o:
Name: __________________________________________________________________________________
Relationship to child(ren): Grandparent Aunt/Uncle Other: ____________________________
Birth Date: ______________________
Driver’s License number: _________________________________
Home Address: __________________________________________________________________________
Home Phone number: _________________________ Cellphone number: __________________________
Work Address: ___________________________________________________________________________
Work Phone number: _________________________ Fax number: ________________________________
All proposed Guardians must answer these questions:

1. Have you ever been convicted of a misdemeanor or felony offense? Yes No
If yes, what offense(s): ___________________________ Date: _____________ County: ____________________
2. Is there a social worker, probation or parole officer supervising you or ANY person who lives with you?
Yes No
If yes, explain: _______________________________________________________________________________
_____________________________________________________________________________________
(Probate)
Rev. 1/.01/07 Page 2 of 4
PB-4005
___________________________________________________________________________________________
I/We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ________________ Proposed Guardian 1 signs here:
Date: ________________ Proposed Guardian 2 signs here:
Information about OTHER ADULTS (age 18 or older) WHO LIVE IN YOUR HOME –
Name: __________________________________________________________________________________
Birth Date: ______________________
Driver’s License number: _________________________________ State: _________
Name: __________________________________________________________________________________
Birth Date: ______________________
Name: __________________________________________________________________________________
Birth Date: ______________________
Name: __________________________________________________________________________________
Birth Date: ______________________
Name: __________________________________________________________________________________
Birth Date: ______________________

_____________________________________________________________________________________
(Probate)
Rev. 1/.01/07 Page 3 of 4
PB-4005
More adults live in my home. I’ve attached information about them on a separate page.

_____________________________________________________________________________________
(Probate)
Rev. 1/.01/07 Page 4 of 4
PB-4005
ATTACHMENT PB-4011
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State bar number, and address) FOR COURT USE ONLY
TELEPHONE NO.: FAX NO.:

PROBATE DIVISION
191 NORTH FIRST STREET
SAN JOSE, CA 95113
GUARDIANSHIP OF:
MINOR
CASE NUMBER
VISITATION ORDER
1. The petition to grant visitation came on for hearing as follows (check boxes c, d, e, f, g, h to indicate personal
presence):
a. Judge (name):
b. Hearing date: Time: Dept:
c. Petitioner (name):
d. Attorney for petitioner (name):
e. Minor:
f. Attorney for minor (name):
g. Guardian(s):
h. Attorney for guardian(s):
i. Other(s):
THE COURT FINDS

2. a. All notices required by law have been given
b. Notice of hearing to the following persons has been should be dispensed with (names):
c. Visitation by the petitioner is in the best interest of the child.
THE COURT ORDERS

3. Parties are ordered to orientation and mediation at Family Court Services (408) 534-5760 to determine a
visitation schedule.
a. Parties are ordered to appear for a review hearing:
Date: Time: Dept:
4. Parties are ordered to follow the attached visitation schedule.
5. Other (specify):
Date: _________________________________________________
JUDGE OF THE SUPERIOR COURT
VISITATION ORDER Page 1 of 1

(PROBATE) PB-4011
REV. 01/01/04
ATTACHMENT PB-4013
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State bar number, and address) FOR COURT USE ONLY
TELEPHONE NO.: FAX NO.:

PROBATE DIVISION
191 NORTH FIRST STREET
SAN JOSE, CA 95113
GUARDIANSHIP OF:
MINOR
CASE NUMBER
PETITION FOR VISITATION
1. Petitioner (name): requests
the following specific visitation schedule for the minor (name):
2. Petitioner is the minor’s parent grandparent other:
3. Name(s): was appointed guardian of the PERSON on (date):
4. Petitioner should be granted visitation for the reasons specified below specified in Attachment 4.
5. Notice to the persons identified in Attachment 5 should be dispensed with because
they cannot with reasonable diligence be given notice (specify names and efforts to locate them in
Attachment 5).
other good cause exists to dispense with notice (specify names and reasons in Attachment 5).
PETITION FOR VISITATION Page 1 of 2

(PROBATE)
REV. 01/01/04
ATTACHMENT PB-4013
GUARDIANSHIP OF THE PERSON OF (Name): CASE NUMBER:
MINOR
6. The names and residence addresses of the guardian, minor, and minor’s parents, brothers, sisters and
grandparents are as follows:
a. Guardian: f. Maternal grandfather:
b. Minor: g. Maternal grandmother:
c. Father: h. Paternal grandfather:
d. Mother: i. Paternal grandmother:
e. Brother(s) or Sister(s): j. Additional names and addresses

(12 years old or older) continued in Attachment 6.
7. Number of pages attached: _____________
Date: ► ______________________________________________
(SIGNATURE OF ATTORNEY)
Date:
………………………………………………… ► ______________________________________________
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
…………………………………………………. ► ______________________________________________
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
Consent to Visitation and Waiver of Notice
I consent to the attached visitation schedule and waive notice of the petition:
___________ .………………………………………………….. ____________________________________

(DATE) (TYPE OR PRINT NAME) (SIGNATURE OF GUARDIAN)
___________ .………………………………………………….. ____________________________________

I consent to attend orientation and mediation and waive notice of the petition:
___________ .………………………………………………….. ____________________________________

___________ .………………………………………………….. ____________________________________

PETITION FOR VISITATION Page 2 of 2

(PROBATE)
REV. 01/01/04
ATTACHMENT PB-4014
FOR COURT USE ONLY
PHONE NUMBER: (408) 882-2761
FAX NUMBER: (408) 882-2797
CASE NUMBER:
AUTHORIZATION FOR RELEASE OF INFORMATION
Probate Code Section 1513 requires that a probate court investigator conduct interviews and write a
report and recommendation to the Court concerning the appropriateness of establishing a guardianship
for the above-named child(ren). In order to assist in the gathering of pertinent information,
I/we, /
specifically authorize the release of school records, counseling records, probation records, public and
private social service records, summaries of medical and psychological records, and records from any
private or public agency which would assist in determination of our petition for guardianship.
Dated:
Dated:
Original to: Probate Court Investigator
PB-4014 REV 1/01/09 AUTHORIZATION FOR RELEASE OF INFORMATION Page 1 of 1

ATTACHMENT PB-4015
Conservatorship of the Person Estate of (Name) Case Number
Conservatee Proposed Conservatee
PROFESSIONAL DECLARANT'S ATTACHMENT TO FORM GC-335

ABILITY TO ENTER INTO FINANCIAL TRANSACTIONS
1. Based on the information on pages 1-3 of this declaration, it is my opinion that the (proposed) conservatee
a. has the capacity to enter into financial transactions and should not have his or her right to enter into contracts
terminated by the Court.
b. lacks the capacity to enter into financial transactions because the mental deficits indicated above significantly
impair the (proposed) conservatee’s ability to understand and appreciate the consequences of his or her actions
such that the (proposed) conservatee lacks the capacity to understand and/or enter into any contracts or
agreements regarding property. (If this paragraph applies, declarant shall initial here: .)
2. Additional Comments:
Date:
.............................................. 4
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
—————————————————————————————————————————————
CAPACITY DECLARATION—CONSERVATORSHIP OF THE ESTATE ATTACHMENT
PB-4015 REV. 7/04
Instructions to Counsel and Declarants
For Completing GC-335, GC-335A, and Conservatorship of Estate Attachments PB-4015 and PB-4016
Attachments PB-4015 and PB-4016 shall be used where the petitioner is seeking conservator of
the estate powers. Petitioners shall use Attachment PB-4015 when they request a medical or
psychological professional to complete Judicial Council Form GC-335. Petitioners shall use
Attachment PB-4016 for conservatorships of the estate when no orders regarding inability to
attend the hearing, medical consent powers, or dementia powers are being sought and where
petitioners wish to have a lay person complete a capacity declaration.
(1) For nonattendance of proposed conservatee at appointment hearing: Use page one
only of Form GC-335. Complete items 1-5. A lay person cannot complete form GC-
335.
(2) To support a petition for appointment of conservator of estate:
When a medical or psychological professional is used as a declarant, the declarant

must complete pages one to three of GC-335 and attach the Conservatorship of the
Estate Attachment (Attachment PB-4015). The declarant should sign the declaration
on page three and should sign the Conservatorship of the Estate Attachment.
Declarant must initial on the line in item 1 of the Conservatorship of the Estate
Attachment. Complete items 1-4 and item 6 of form GC-335. If proposed
conservatee is not to be excused from attendance, leave item 5 blank.
When a lay person is used as a declarant, the declarant must complete pages
one to three of Attachment PB-4016. A lay person cannot complete form GC-335.
(3) To support a petition for appointment of conservator of person with medical powers;
or for a subsequent grant of medical powers to a conservator of the person: Use
pages one to three of Form GC-335. Declarant should sign the declaration on page
three only. Complete items 1-4 and 6 and 7. Declarant must initial on the line in item
7b. If proposed conservatee is not to be excused from attendance, leave item 5
blank. A lay person cannot complete form GC-335.
(4) To support a petition for grant of dementia powers pursuant to Probate Code Section
2356.5, either at time of initial appointment or for a subsequent grant of dementia
powers: Complete pages 1 through 3 of declaration GC-335 and complete GC335A.
Declarant should sign the declaration Form GC 335A only. Use items 1-4, 6, 7, and
9. If the proposed conservatee is not to be excused from attendance, leave item 5
blank. A lay person cannot complete form GC-335.
Please note the following restrictions in the law governing who is authorized to prepare the
different portions of this declaration:
(1) Nonattendance at Hearing: May be executed only by a licensed medical practitioner,

including a psychologist acting in the scope of his/her licensure, and including an
accredited religious healing practitioner.
(2) Establishment of Conservatorship of Estate: May be executed by anyone with

knowledge of the circumstances of the proposed conservatee. A layperson cannot
complete form GC-335 but can complete Local Form "Lay person's Declaration Re
Legal Capacity," Attachment PB-4016.
(3) For grant of medical powers: May be executed by a licensed physician or a licensed
psychologist acting within the scope or his/her licensure.
(4) For grant of dementia powers under Probate Code Section 2356.5: May be executed
by a licensed physician or a licensed psychologist acting within the scope of his/her
licensure and who has at least two years experience in diagnosing dementia.
To the person preparing the Capacity Declaration form prior to sending it to declarant:
(1) Complete the box on page one that indicates for what purpose(s) you are having this
form completed and indicate in the space provided on page one, which pages of this
multipurpose declaration you are filing. If you are completing page one only, you
should not file pages two and three. If you are completing pages one to three only,
you should not file Form GC-335A.
(2) Judicial Council form GC-335 contains two declaration clauses, and GC-335A
contains a declaration clause. The Conservatorship of the Estate Attachment and the
Lay Person's Declaration re Legal Capacity also contain declaration clauses. Prior
to sending it to declarant, strike out the declaration clauses to be left blank. For
example, if you are seeking medical powers as well as a finding that the conservatee
should be excused because of medical inability from attending the hearing, strike out
the declaration clause on page one. If you are seeking dementia powers, strike out
the declaration clauses on pages one and three.
(3) Special instructions for Item 9, Form GC-335A: Declarant should refer to special
mental function deficits as noted in item 6, relevant to the need for secure placement
or need for administration of dementia medications, when completing item 9a1 and
9b1. Declarant should describe specific medical or behavior problems in items 9a
and 9b that secure placement or administration of dementia medications will address.
ATTACHMENT PB-4016
=Attorney or Party without Attorney (Name, state bar number and address): Telephone and Fax
FOR COURT USE ONLY
No.:
Attorney for (Name):

191 North First Street
San Jose, California 95113
Conservatorship of the Person Estate of

CASE NUMBER:
LAYPERSON’S DECLARATION RE LEGAL CAPACITY
TO LAYPERSON DECLARANT
The purpose of this form is to enable the court to determine whether the (proposed)
conservatee
has the capacity to enter into financial transactions.
GENERAL INFORMATION
1. (Name):
2. (Address and telephone number):
3. I am a layperson. I know the (proposed) conservatee in the following capacity (describe):
4. (Proposed) Conservatee:
I last saw the (proposed) conservatee on (date):
(Continued on next page) Page one of three

Prob. C. §811, 812, 1872 PB-4016 REV. 7/04
ATTACHMENT PB-4016
Conservatorship of the Person Estate of (Name): Case Number:
EVALUATION OF (PROPOSED) CONSERVATEE’S MENTAL FUNCTION.

5. Note to the Declarant: This form is not a rating scale. It is intended to assist you in recording your impressions of the
(proposed) conservatee’s mental abilities. Where appropriate, please feel free to refer to scores on standardized rating
instruments.
Instructions (Items A-C): Check the appropriate designation below: a = no apparent impairment; b = moderate impairment;
c = major impairment; d = so impaired as to be incapable of being assessed; e = I have no opinion.
A. Alertness and Attention

(1) Levels of arousal. (Lethargic, responds only to vigorous and persistent stimulation, stupor.)
a b c d e
(2) Orientation. Encircle each type of orientation which is impaired:
a b c d e Person
a b c d e Time [day, date, month, season, year]
a b c d e Place [address, town, state]
a b c d e Situation [why am I here?]
(3) Ability to attend and concentrate. (Give detailed answers from memory, mental ability required to thread a needle.)
a b c d e
B. Information Processing. Ability to:

(1) Remember. (Ability to remember question before answering, to recall names, relatives, past presidents, events of past
24 hours.)
i. Short-term memory:
a b c d e
ii. Long-term memory:
a b c d e
iii. Immediate recall:
a b c d e
(2) Understand and communicate either verbally or otherwise. (Deficits reflected by: inability to comprehend
questions, follow instructions, use words correctly or name objects; nonsense words.)
a b c d e
(3) Recognize familiar objects and persons. (Deficits reflected by: inability to recognize familiar faces, objects, etc.)
a b c d e
(4) Understand and appreciate quantities. (Perform simple calculations.)
a b c d e
(5) Reason using abstract concepts. (Grasp abstract aspects of his/her situation; interpret idiomatic expressions or
proverbs.)
a b c d e
(6) Plan, organize and carry out actions (assuming physical ability) in one’s own rational self interest. (Break
complex tasks down into simple steps and carry them out.)
a b c d e
(7) Reason logically.
a b c d e
C. Thought disorders.
(1) Severely disorganized thinking. (Rambling thoughts, nonsensical, incoherent or non-linear thinking.)
a b c d e
(2) Hallucinations. (Auditory, visual, olfactory.)
a b c d e
(3) Delusions. (Demonstrably false belief maintained without or against reason or evidence.)
a b c d e
(4) Uncontrollable or intrusive thoughts. (Unwanted compulsive thoughts, compulsive behavior.)
a b c d e
(Continued on next page) Page two of three

Prob. C. §811, 812, 1872 PB-4016 REV. 7/04
ATTACHMENT PB-4016
Conservatorship of the Person Estate of (Name) Case Number
D. Ability to modulate mood and affect. The (proposed) conservatee has does NOT have a pervasive and persistent
or recurrent emotional state that appears inappropriate in degree to his or her circumstances.
(If so, complete remainder of 5D.)
I have no opinion.
Instructions: Rate the degree of impairment of each inappropriate mood state (if any) as follows:
a = mildly inappropriate; b = moderately inappropriate; c = severely inappropriate
Anger a b c Euphoria a b c Helplessness a b c
Anxiety a b c Depression a b c Apathy a b c
Fear a b c Hopelessness a b c Indifference a b c
Panic a b c Despair a b c
E. The (proposed) conservatee’s periods of impairment from the deficits indicated in Items 5A-5D
(1) do NOT vary substantially in frequency, severity, or duration.
(2) do vary substantially in frequency, severity, or duration (explain):
F. (Optional) Other information regarding my evaluation of the (proposed) conservatee’s mental function (e.g., particular
observations, problems noticed):
Stated in Attachment 5F.
ABILITY TO ENTER INTO FINANCIAL TRANSACTIONS.

6. Based on the information above, it is my opinion that the (proposed) conservatee
a. has the capacity to enter into financial transactions and should not have his or her right to enter into contracts
terminated by the Court.
b. lacks the capacity to enter into financial transactions because the mental deficits indicated above significantly
impair the (proposed) conservatee’s ability to understand and appreciate the consequences of his or her actions
such that the (proposed) conservatee lacks the capacity to understand and/or enter into any contracts or
agreements regarding property. (If this paragraph applies, declarant shall initial here: .)
Date:
.............................................. 4
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page three of three

Prob. C. §811, 812, 1872 PB-4016 REV. 7/04
ATTACHMENT PB-4034
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address): FOR COURT USE ONLY
TELEPHONE NUMBER: FAX NUMBER (Optional):

IN RE (name of trust):
CASE NUMBER:
PETITION TO REMOVE TRUSTEE
I, (my name) , declare:
I am a: Beneficiary Settlor Other:
I am petitioning to remove (name) as trustee
of the estate of the (name of trust) for the
following reasons:
Check here if you need more space. Continue to explain on a separate piece of paper and attach it to this page.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct of my
own knowledge.
Today’s date Print your name here Sign your name here
PB-4034 REV 1/08 PETITION TO REMOVE TRUSTEE Page 1 of 2

(PROBATE)
ATTACHMENT PB-4034
IN RE (name of trust): CASE NUMBER:
PROOF OF SERVICE
1. I am over age 18 and am not a party in this case. I live or work in the county where the mailing occurred.
2. My (the server’s) home or business address is:

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Petition to Remove Trustee on each person named below by putting a copy in a sealed envelope
addressed as shown below AND
F depositing the envelope with the United States Postal Service on the date and at the place shown in item 4
with the postage fully prepaid.
F placing the envelope for collection and mailing on the date and at the place shown in item 4 following our
ordinary business practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
4. Date mailed: Place mailed (city, state):
own knowledge.
Date Signed Server Prints Their Name Here Server Signs Their Name Here
I Mailed this Notice to the Following People:
Names of people served: Addresses of People Served:

Name: Mailing Address:
City, State, Zip Code:
Additional people are listed on an attachment
PB-4034 REV 1/08 PETITION TO REMOVE TRUSTEE Page 2 of 2

(PROBATE)
ATTACHMENT PB-4035

CONSERVATORSHIP OF (name):
CASE NUMBER:
OBJECTION TO PETITION TO REMOVE
CONSERVATOR
I am a: Conservator Other:
I object to the Petition to Remove Conservator filed by (name)
for the following reasons:
own knowledge.
PB-4035 OBJECTION TO PETITION TO REMOVE CONSERVATOR Page 1 of 2

REV 1/01/08 (PROBATE)
ATTACHMENT PB-4035
CONSERVATORSHIP OF (name): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Petition to Remove Conservator on each person named below by putting a copy in a
sealed envelope addressed as shown below AND
own knowledge.
Date Signed Server Prints His/Her Name Here Server Signs His/Her Name Here

PB-4035 OBJECTION TO PETITION TO REMOVE CONSERVATOR Page 2 of 2

REV. 1/0108 (PROBATE)
ATTACHMENT PB-4036

GUARDIANSHIP OF (child’s name):
CASE NUMBER:
OBJECTION TO PETITION TO REMOVE GUARDIAN
I am a: Guardian Parent Other:
I object to the Petition to Remove Guardian filed by (name)
own knowledge.
PB-4036 OBJECTION TO PETITION TO REMOVE GUARDIAN Page 1 of 2

ATTACHMENT PB-4036
GUARDIANSHIP OF (child’s name(s)): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Petition to Remove Guardian on each person named below by putting a copy in a
own knowledge.

PB-4036 OBJECTION TO PETITION TO REMOVE GUARDIAN Page 2 of 2

REV. 1/01/08 (PROBATE)
ATTACHMENT PB-4037

ESTATE OF (name of deceased person):
CASE NUMBER:
OBJECTION TO PETITION TO REMOVE
PERSONAL REPRESENTATIVE
I am a: Personal Representative Other:
I object to the Petition to Remove Personal Representative filed by
(name): for the following reasons:
own knowledge.
PB-4037 OBJECTION TO PETITION TO REMOVE Page 1 of 2

REV 1/01/08 PERSONAL REPRESENTATIVE
(PROBATE)
ATTACHMENT PB-4037
ESTATE OF (name): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Petition to Remove Personal Representative on each person named below by putting
a copy in a sealed envelope addressed as shown below AND
own knowledge.

PB-4037 OBJECTION TO PETITION TO REMOVE Page 2 of 2

REV 1/01/08 PERSONAL REPRESENTATIVE
(PROBATE)
ATTACHMENT PB-4038

IN RE (name of trust):
CASE NUMBER:
OBJECTION TO PETITION TO REMOVE TRUSTEE
I am a: Trustee Beneficiary Settlor Other:
I object to the Petition to Remove Trustee filed by (name)
own knowledge.
PB-4038 OBJECTION TO PETITION TO REMOVE TRUSTEE Page 1 of 2

ATTACHMENT PB-4038
IN RE (name of trust): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Petition to Remove Trustee on each person named below by putting a copy in a
own knowledge.

PB-4038 OBJECTION TO PETITION TO REMOVE TRUSTEE Page 2 of 2

ATTACHMENT PB-4039

CASE NUMBER:
OBJECTION TO PETITION TO TERMINATE
GUARDIANSHIP
I am a: Guardian Parent Other:
I object to the Petition to Remove Guardian filed by (name)
own knowledge.
PB-4039 OBJECTION TO PETITION TO TERMINATE GUARDIANSHIP Page 1 of 2

ATTACHMENT PB-4039
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Petition to Terminate Guardianship on each person named below by putting a copy in
a sealed envelope addressed as shown below AND
own knowledge.

PB-4039 OBJECTION TO PETITION TO TERMINATE GUARDIANSHIP Page 2 of 2

ATTACHMENT PB-4040

CASE NUMBER:
PETITION TO REMOVE CONSERVATOR
I am a: Conservator Other:
I am petitioning to remove (name) as
conservator for the following reasons:
own knowledge.
PB-4040 PETITION TO REMOVE CONSERVATOR Page 1 of 2

ATTACHMENT PB-4040
CONSERVATORSHIP OF (children’s name/s): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Petition to Remove Conservator on each person named below by putting a copy in a sealed
envelope addressed as shown below AND
own knowledge.

PB-4040 PETITION TO REMOVE CONSERVATOR Page 2 of 2

ATTACHMENT PB-4041

CASE NUMBER:
PETITION TO REMOVE GUARDIAN
I, (my name) declare;
I am a: Parent Other:
I am petitioning to remove (name): as
guardian of the minor(s) in this case for the following reasons:
own knowledge.
PB-4041 PETITION TO REMOVE GUARDIAN Page 1 of 2

ATTACHMENT PB-4041
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Petition to Remove Guardian on each person named below by putting a copy in a sealed envelope
own knowledge.

PB-4041 PETITION TO REMOVE GUARDIAN Page 2 of 2

ATTACHMENT PB-4042

ESTATE OF (name of deceased person):
CASE NUMBER:
PETITION TO REMOVE PERSONAL REPRESENTATIVE
I am a: Beneficiary Heir Other:
I am petitioning to remove (name): as
personal representative of the estate of the above-named decedent for the following reasons:
own knowledge.
PB-4042 REV PETITION TO REMOVE PERSONAL REPRESENTATIVE Page 1 of 2

1/01/08 www.courtinfo.ca.gov
(PROBATE)
ATTACHMENT PB-4042
ESTATE OF (name): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Petition to Remove Personal Representative on each person named below by putting a copy in a
own knowledge.

PB-4042 PETITION TO REMOVE PERSONAL REPRESENTATIVE Page 2 of 2

REV.1/01/08 (PROBATE)
ATTACHMENT PB-4043

GUARDIANSHIP OF (name):
CASE NUMBER:
OBJECTION TO GUARDIANSHIP
I am related to the child as the Mother Father Other (describe):
I do not agree that should be guardian of the child/children because:

(NAME OF PROPOSED GUARDIAN)
own knowledge.
PB-4043 OBJECTION TO GUARDIANSHIP Page 1 of 2

ATTACHMENT PB-4043
GUARDIANSHIP OF (child/ren’s name(s)): CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to Guardianship on each person named below by putting a copy in a sealed envelope
own knowledge.

PB-4043 OBJECTION TO GUARDIANSHIP Page 2 of 2

ATTACHMENT PB-4045

(Please Check One:)

TRUST OF (name):
ESTATE OF (name):
GUARDIANSHIP OF (name):
OTHER (name):
CASE NUMBER:
OBJECTION
I, (my name): , declare:
I am a (check one): Trustee Beneficiary Heir Conservator
Other:
I object to
filed by (name):
own knowledge.
PB-4045 OBJECTION Page 1 of 2

EFF. 7/01/10 www.courtinfo.ca.gov
(PROBATE)
ATTACHMENT PB-4045
CASE NUMBER:
PROOF OF SERVICE

STREET ADDRESS
CITY, STATE, ZIP
3. I served the Objection to ____________________________________on each person named below by putting

a copy in a sealed envelope addressed as shown below AND
own knowledge.
I Mailed this Objection to the Following People:
Names of People Served: Addresses of People Served:

PB-4045 OBJECTION Page 2 of 2

EFF. 7/01/10 www.courtinfo.ca.gov
(PROBATE)
ATTACHMENT PB-4046

BRANCH NAME: Downtown Courthouse - Probate Division
Guardianship of:
1.
2.
3.
4.
CASE NUMBER:
PROBATE ORDER FOR EMERGENCY SCREENING
The Court finds that:

Good cause exists to order the people checked below participate in an Emergency Screening.
The Court orders that:

Mother Father
Maternal Grandmother (Mother’s Mother) Maternal Grandfather (Mother’s Father)
Paternal Grandmother (Father’s Mother) Paternal Grandfather (Father’s Father)
Other: (name) (relationship to child)
Not a relative: (name)
shall participate in an Emergency Screening with Family Court Services as follows:
Leave blank. The Court will fill out –

191N. First Street, Dept. 3 , San Jose, CA 95113 170 Park Avenue, 2nd Fl., San Jose, CA 95113
Date: Time:
***This form must be personally served on the people who are ordered
to come to the Screening before the Screening occurs.***
Please read the attached Emergency Screening Instructions for more information about what
you need to do and what you need to bring to the Screening. A map is on the back of this order
to help you find the building.
Date:
Judicial Officer
THIS IS A COURT ORDER
PB-4046 REV 07/01/10 ORDER FOR EMERGENCY SCREENING Page 1 of 4

(Probate – Guardianship)
ATTACHMENT PB-4046
MAP TO COURTHOUSE BUILDINGS
Law Library
Market St.
360 N. First St.
Juvenile Court Julian St. (approx. ¼ mile from
115 Terraine St. Civil Courthouse)
St. James St.
Terraine St.
Julian St.
Civil/ Probate Court
191 N. First St.
St. John St.

Hwy 87
Self-Service Center &

Notre Dame Ave
Family Law Facilitator’s Office

99 Notre Dame Avenue
1st St.
Santa Clara St.
Almaden Blvd.
Park Ave.
N
Family Court
170 Park Avenue
Hwy 280
PB-4046 REV 07/01/10 ORDER FOR EMERGENCY SCREENING Page 2 of 4

(Probate – Guardianship)
SUPERIOR COURT OF CALIFORNIA
EMERGENCY SCREENING INSTRUCTIONS
YOU HAVE BEEN ORDERED BY THE COURT TO GO TO AN EMERGENCY

SCREENING REGARDING GUARDIANSHIP OF A CHILD
to take place on the day of the hearing shown on your Court papers entitled
Order for Emergency Screening
YOU HAVE BEEN ORDERED TO APPEAR AT:
Where: 191 North First Street, San Jose, CA (Department 3)
170 Park Avenue, San Jose, CA (2nd Floor - Family Court Services)
When: See attached Order for Emergency Screening
1. Read the Court papers behind this form. You must obey all court orders on those papers, as well as any
earlier court orders which remain in effect. Your court date is located in the large box on the Order for
Emergency Screening. The Judge may also have made other orders, such as restraining orders, temporary
custody, visitation or placement orders.
2. If you have an attorney, let him or her know as soon as possible about this Emergency Screening (“Screening”)
order, since attorneys must appear at Emergency Screenings.
3. What to bring to the Screening:
• Copies of all of the forms attached to these instructions, including the forms that say you are ordered
to go to a Screening.
• If you are the party who asked the Court for the Screening, a filed-endorsed copy of the Proof of
Service form that shows that the other parties were served with the Court’s order to come to the
Screening.
• Any papers filed by another party in response to your papers, including, filed Answer, Objection,
Response, Responsive Declaration, or competing Petition.
• copies for the other parties of anything you are bringing for the Screener to read or see.
4. If you are ordered to go to 191 N. First Street, please go directly to Department 3 of the Superior Court, which is
on the 5thfloor. When you arrive at Department 3, please check in with the Deputy. Please show the Deputy your
copy of the Screening order. If you are ordered to go to Family Court Services, please go to 170 Park Avenue
and check in on the 2nd floor. A map is on the back of your order to help you find the buildings. Upon arrival, the
Screener may have you fill out or update forms required by Family Court Services (FCS). Be sure to arrive on
time for the Screening.
5. All attorneys and parties must be present and have turned in the paperwork given to them by FCS before an FCS
investigator (“Screener”) is assigned to the case. Attorneys must remain available throughout the Screening.
6. Children/Childcare for Screenings: All children (from age 0 to 18) who are the subject(s) of the Screening need
to be available within 15 minutes from the courthouse for possible interview or observation. Parties must have a
responsible adult (other than the parties) available to provide child care for their children. The Court may
cancel the Screening if the child(ren) are not supervised.\
7. The Screener will review the forms that the parties complete and interview the parties and counsel. The
Screener will decide the order of interviews and what additional witnesses and contacts are needed as part of the
screening.
8. FCS will not look at any papers you give them unless you have proof that you have given a copy to the other
parties, their attorney(s), and the child’s attorney, if there is one. Proof is a signed declaration made under
penalty of perjury or a proof of service form. A Declaration of Mailing or Personal Service form is available online
at www.courtinfo.ca.gov/forms or at FCS.
PB-4046 REV 07/01/10 EMERGENCY SCREENING INSTRUCTIONS Page 3 of 4

ATTACHMENT PB-4046
9. Please give notice and written permission to all social workers, teachers, doctors, or other people that have
important information about the Screening issues, so they are available by telephone on the day of the Screening.
Screenings will not be finished and court hearings may be rescheduled, if important information is not immediately
available.
10. ALL PARTIES AND THEIR ATTORNEYS MUST RETURN TO THE COURTROOM WHEN THE EMERGENCY
SCREENING IS FINISHED. If your Emergency Screening took place at 191 N. First Street, San Jose, CA, please
return to Department 15. If your Emergency Screening took place at Family Court Services 170 Park Avenue, 2nd
Floor, San Jose, CA, please return to the courtroom designated by your Screener.
WHAT IS AN EMERGENCY SCREENING? An Emergency Screening (“Screening”) is an emergency investigation

which helps the Court make an immediate decision about child custody and visitation based on the best interests, health,
and safety of the child.
HOW DOES A SCREENING WORK? – An investigator (the “Screener”) from Family Court Services (“FCS”) will learn
about the child’s living situation and other issues relating to custody and visitation. Most Screenings take a few hours and
are usually finished on the same day they are started. Some will take longer.
The Screener may:

Talk with the parties, their attorneys, and the child’s attorney, if s/he has one,
Read papers related to the emergency issues (see page 1 about giving papers to the other parties),
Look at criminal records of anyone living in the house with the child,
Talk to the child(ren) and watch how the child(ren) acts with the parties or family members,
Talk with other family members or witnesses by phone or in person,
Collect more information (such as: from school, daycare, a doctor, Child Protective Services (CPS), or the
police).
The Screener will then make written recommendations first to the parties and their attorney(s). If all of the parties agree
with the recommendations and the recommendations are approved by the court, the recommendations will become Court
Orders. If one or more of the parties does not agree with the recommendations, the Screener’s recommendation will be
presented to the Judge and the parties will have a brief hearing in court with the Judge. In either case, the Judge will
make immediate temporary orders.
WHAT DOES A SCREENING COST AND WHO PAYS? – An Emergency Screening costs $160 per hour with a deposit
of $250 due from each party. Fees are generally shared between the parties unless a judge decides otherwise. You can
ask for a fee waiver if you cannot afford to pay the Screening fees. The Application form number is FW-001 and the
Order form number is FW-003. You can get the fee waiver forms from www.courtinfo.ca.gov/forms , the Probate Clerk’s
Office, Room 107, at 191 N. First Street, or at FCS.
WHAT IF THERE IS DOMESTIC VIOLENCE? – If you are a victim of domestic violence, you have the right to have
separate interviews and to have a support person with you. You can get more information about these rights at FCS.
HOW DO I GET AN INTERPRETER? – If your Screening is a few days in the future, you can call 408-534-5705 to ask
the Court to get an interpreter for the screening. The Court will do its best to find one for you. You may also bring your
own interpreter with you. It should be an adult who is not related to the case. The children involved in the case cannot
act as interpreters in the case. If you need an interpreter, be sure to tell your Screener. FCS will try to get one for you, if
possible.
IS A SCREENING CONFIDENTIAL? - Information given to FCS during a Screening is not confidential from the Court (the
Judge). This information may be included in reports or the Screener may testify about it in Court. FCS may not release
information about the case to any other person except as authorized by the Court or by law.
WHERE DO I GET MORE INFORMATION? - More information about Screenings is on the Court’s website -
www.sccsuperiorcourt.org (click on “Probate” and then “Probate Rules” for the Local Rules) and www.scselfservice.org
(click on “Probate” and then “Guardianship”).
WHAT IF I WANT HELP IN PERSON? – You can contact a private attorney (Santa Clara County Bar Association, 408-
971-6822 for a low-cost attorney consultation), Pro Bono Project, 408-998-5298, the Court’s Restraining Order Help
Center (if there is a restraining order, 170 Park Avenue, San Jose, 408-534-5709), or the Court’s Self-Help Center and/or
Family Law Facilitator’s office (99 Notre Dame Avenue, San Jose, 408-882-2900 x-2926).
PB-4046 REV 07/01/10 EMERGENCY SCREENING INSTRUCTIONS Page 4 of 4

ATTACHMENT PB-4047

BRANCH NAME: Downtown Courthouse – Court Investigations Unit
Conservatorship of (Name):
Guardianship of (Name):
CASE NUMBER:
NOTIFICATION OF CHANGE OF ADDRESS OF
CONSERVATOR/GUARDIAN
Current address and telephone number of the:

Conservator Guardian
( )
(If there is more than one conservator/guardian, please update the telephone numbers and addresses of
all conservators/guardians who have moved.)
PB-4047 REV 07/01/10 NOTIFICATION OF CHANGE OF ADDRESS OF Page 1 of 1

CONSERVATOR/GUARDIAN
(Probate)

Santa Clara County Probate

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SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

1 ADMINISTRATION AND GENERAL POLICIES......................................................................1

2 NOTICES, PETITIONS, DECLARATIONS, AND ORDERS ....................................................6

3 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS…………………………….10

5 THE INDEPENDENT ADMINISTRATION OF ESTATES ACT............................................14

7 SALE UNDER COURT SUPERVISION .....................................................................................15

8 PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS......................................16

9 ACCOUNTS, REPORTS, FEES COMMISSIONS, AND DISTRIBUTION............................17

13 GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF MINORS

16 REMOVAL OF TRUSTEE ...........................................................................................................49

ATTACHMENTS PB-4000 to PB-4047

SANTA CLARA COUNTY

Probate Calendar (408) 882-2100 x2649

I. DEADLINE FOR SUBMITTING PROPOSED ORDERS IN

(2) Objection to Petition to Remove Guardian (attached form PB-4036)

(3) Objection to Petition to Remove Personal Representative (attached form

(4) Objection to Petition to Remove Trustee (attached form PB-4038).

(1) SUBMISSION ON THE PLEADINGS

If a party elects to file a trial brief relating to an evidentiary hearing set in

O. WITHDRAWAL OF ATTORNEY OF RECORD

P. COURT COMMUNICATION REGARDING RESTRAINING ORDERS

b. Any order of the Family, Juvenile, or Probate Court that permits

(1) Social Security Numbers

If an individual’s social security number must be included in a pleading or

R. COURT INVESTIGATOR REPORTS

RULE 2 NOTICES, PETITIONS, DECLARATIONS, AND ORDERS

A. PREPARATION OF NOTICES, PETITIONS, DECLARATIONS,

D. NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN

Where the address of a person to whom notice is required to be mailed or

E. PETITIONS FOR EX PARTE ORDERS

An ex parte petition or application must contain sufficient facts to justify the

(2) If there will be no objection, and the matter is:

• Not urgent: Submit the petition to the Probate Examiner’s office.

b. Urgent: Contact the Probate Examiner’s office to discuss how the

(5) Temporary guardianships and conservatorships: The above procedures do

(1) GENERAL POLICY

a. The Court elects to allow the filing of documents by facsimile

c. Automated fax filing service must be activated by calling (800)

d. In addition to filing and facsimile transmission fees, parties filing

RULE 3 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS

A. LETTERS OF SPECIAL ADMINISTRATION

If the will is in a foreign language, a translation by an expert must be submitted at

C. ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES

In a petition for letters testamentary, letters of administration, letters of

Where the will devises property to a fiduciary (e.g., trustee, custodian or

The publication of the Notice of Petition to Administer Estate is sufficient notice

F. DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM

Individuals requesting removal of a personal representative may petition the Court

A. AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION OF

If a bond is required of the personal representative, the amount of bond required

B. NON-RESIDENT PERSONAL REPRESENTATIVE

The Court will ordinarily require a non-resident personal representative to post

C. INCREASE OR DECREASE IN AMOUNT OF BOND

D. REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING

At any time, a fiduciary may request a reduction of bond or no bond if monies

A petition for withdrawal of funds must be made on Judicial Council form

F. BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS

When a trust company is serving as a guardian or conservator of the estate or as a

A. PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT

B. EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED

C. REPORT OF ACTIONS TAKEN UNDER THE IAEA

Gains on Sales (Schedule _) $_______________

Net Loss from Trade or Business (Schedule _) $_______________