Los Angeles Superior Court

(a) Applicability of Rules. The rules of this Chapter apply to all actions and proceedings to which the Probate Code applies and, unless they are elsewhere specifically made applicable, do not apply to any other action or proceeding.

(b) Rules of Construction. To the extent that the rules in this Chapter may add to existing statutory provisions relating to the same subject matter, they must be construed so as to implement the purposes of those statutes.

(c) Jurisdiction. The rules in this Chapter are not intended to expand or restrict the jurisdiction of the court in proceedings under the Probate Code.

(Rule 10.0 [~~1/1/95~~, ~~1/1/98~~] amended and effective 1/1/08.)

10.1 EXCUSE FROM COMPLIANCE

The court for good cause may waive the application of the rules in this chapter in an individual case.

(Rule 10.1 [~~1/1/95~~, ~~1/1/98~~] amended and effective 1/1/08.)

10.2 PROBATE COURT INFORMATION

(a) District Courts Hearing Probate Matters. The following Los Angeles Superior Court districts accept for filing and hear Probate matters:

District Case Number Prefixes

Central District (Los Angeles) BP/P

East District (Pomona) KP/EAP

Northeast (Pasadena) GP/NEP/NCP/EP/EP-B

North (Antelope Valley) MP/NOP

Northwest (Van Nuys) LP/PP/NWP/NVP

South Central (Compton) TP/SCP

Southeast (Norwalk) VP/SEP

South (Long Beach) NP/SOP

Southwest (Torrance) YP/SWP

West (Santa Monica) SP/WEP

(b) Addresses and Telephone Numbers and Calendaring Information. Addresses, telephone numbers and calendaring information for each Probate Court can be found on-line at www.lasuperiorcourt.org or by calling the court.

(Rule 10.2 [previously as, 10.6] new and effective 1/1/08.)

10.3 PROBATE ATTORNEY'S NOTES

(a) Probate Notes Available on the Web. Probate notes are available in advance of the hearing at www.lasuperiorcourt.org.

(b) Clearing Probate Notes. Counsel or parties must file additional documents as necessary to justify approval of the petition as stated in "Matters To Clear" section of the Probate Notes. Items noted under the "Matters To Clear" must be cleared by the party no later than 3:30 p.m. of the second court day preceding the hearing date.

(c) Updated Probate Notes. It is the responsibility of counsel or parties to confirm that Probate Notes have been updated after the filing of additional documents. If the Probate Notes have not been updated, it is recommended that counsel contact the Probate Attorney via email in Central District and the District Courts where available.

(d) Failure to Clear Probate Notes. If Probate Notes are not cleared, the Court will continue the hearing, place the matter off calendar, deny the matter without prejudice, or take other action it deems necessary.

(Rule 10.3 [previously as, 10.31.1] new and effective 1/1/08.)

10.4 PROBATE NOTE ABBREVIATIONS

The abbreviations adopted for use in Probate notes are set forth in Appendix A.

(Rule 10.4 [previously as, Rule 10.32] new and effective 1/1/08.)

HEARINGS, EX PARTE PROCEDURES AND TRIALS

10.5 SETTING OF PROBATE MATTERS

Petitions filed in Probate cases requiring a hearing will be assigned a hearing date by the clerk at the time of filing. Parties should insure, prior to leaving the filing window, that a hearing date has been assigned. Requests for early settings must be presented in the office of the Probate Attorney and must be accompanied by a declaration of urgency. Requests will be granted for good cause only; convenience of counsel or parties does not constitute good cause.

(Rule 10.5 [previously as, 10.15] new and effective 1/1/08.)

10.6 RESETTING PETITIONS

A request to reset a petition that was placed off calendar must be made in the office of the Probate Attorney. A supplement setting forth the current status must be presented at the time of the request.

(Rule 10.6 [previously as, 10.15.1] new and effective 1/1/08.)

10.7 CENTRAL DISTRICT - PROBATE LAW AND MOTION MATTERS

(a) Setting for Probate Law and Motion Matters. Probate Law and Motion and Discovery matters in cases pending in the Central District will be set for hearing at 10:30 a.m., Mondays through Wednesdays.

(b) Filing Oppositions, Joinders and Replies to Opposition in Law and Motion Matters. In Central District proceedings, opposition or joinders to law and motion matters must be filed at the Probate filing window. Replies to opposition papers must be filed in the department assigned to the case for hearing. The Court will not, without good cause, consider surreply papers.

(Rule 10.7 [previously as, 10.195] new and effective 1/1/08.)

10.8 EX PARTE PROCEDURES

(a) Time for Ex Parte Matters in Central District. In the absence of exceptional circumstances, all ex parte matters for Probate cases assigned to the Central District shall be presented to the Probate Attorneys Office at 8:30 a.m. daily.

(b) Time for Ex Parte Matters in District Courts. Ex parte matters concerning district court cases shall be heard at the time and place designated by that district. Information concerning ex parte matters may be posted on the Court's website www.lasuperiorcourt.org or may be obtained by calling the district.

(c) Preliminary Considerations:

(1) Payment of Filing Fees. Court filing fees shall be paid and the Court file secured prior to presenting the ex parte matter to the Probate Attorney for review.

(2) Special Notices. The ex parte application, petition or motion must include an allegation that special notice has not been requested or a written waiver of special notice has been filed.

(d) Ex Parte Procedures. California Rules of Court, Title 3, Division 11, Rule 3.1200 et seq. shall be followed for all ex parte applications, motions and petitions.

(1) Emergency Ex Parte Matters. Applications for ex parte relief shall be presented by the petitioner or their attorney. When there is opposition, the Court may set the matter for hearing.

(2) Drop-off Ex Parte Matters. In addition to the ex parte procedures provided in California Rules of Court, ex parte applications, motions and petitions will be accepted for review as permitted by statute. These ex parte matters may be delivered to the Probate Attorney's Office at any time and will be reviewed by the Probate Attorney within five court days.

(3) Temporary Conservatorships and Guardianships. Petitions for appointment of temporary conservators and guardians, absent exigent emergency circumstances, will be set for hearing not less than five court days after filing. Hearing dates are assigned in the Probate Attorney's Office.

(4) Applications for Nunc Pro Tunc Orders. Applications for Nunc Pro Tunc orders may be presented ex parte.

(Rule 10.8 [previously as, 10.37] new and effective 1/1/08.)

10.9 PROBATE HEARINGS CANNOT BE ADVANCED

When a trust or decedent's estate matter has been set for hearing, or when it has been noticed and then continued to a definite date, the hearing cannot be advanced to an earlier date. Additionally, the matter cannot be heard on an earlier date by filing a new petition or an amended petition.

(Rule 10.9 [previously as, 10.17] new and effective 1/1/08.)

10.10 CONTINUANCES OF NON-TRIAL MATTERS

(a) Continuances of Matters Not Ready for Hearing. If there has been no prior continuance, the Court will usually continue a matter not ready for hearing at least four weeks. A matter is notready for hearing when there are unresolved issues, procedural or factual, raised in the Probate Notes, other than matters designated for the Court to determine ("JTD").

If there are unresolved matters appearing in the Probate Notes on the second continued date, the matter will be placed off calendar or denied without prejudice, unless an oral motion for continuance is granted by the Court upon the personal appearance by counsel or the party.

(b) Continuances Pursuant to Stipulation. Matters will not be continued by stipulation of counsel without order of the Court or recommendation of the Probate Attorney.

(c) Continuance To Permit Filing of Objections/Responses. See Rule 10.7.

(d) Notice of Continued Matters. If a petition was properly noticed, new notice of the continued date is not required, unless specifically ordered by the Court. This rule does not apply to notice by citation.

(Rule 10.10 [previously as, 10.19] new and effective 1/1/08.)

10.11 CONTINUING PROBATE LAW AND MOTION MATTERS

Probate Law and Motion and Discovery matters may be continued only with approval of the Court.

(Rule 10.11 [previously as, 10.194] new and effective 1/1/08.)

10.12 TRIALS ON CONTESTED MATTERS IN CENTRAL DISTRICT

(a) Trial Setting. A contested matter which is at issue will be set for trial.

(b) Joint Trial Statements for All Contested Matters. All counsel and parties appearing in propria persona (pro per/self represented) must comply with the Mandatory Joint Trial Statement Policy.

(c) Continuances. Trials may be continued for good cause only by order of the Court. If all parties waive notice, a Motion for Continuance may be presented ex parte. Such motions must be made at the earliest possible time and in no event less than one week prior to trial. Further trial preparation or settlement of a case, without a settlement agreement, does not constitute good cause.

(d) Motions in Limine. Motions in limine must comply with the notice provisions of the Code of Civil Procedure. The motions must be set for hearing no later than the first day of trial.

(Rule 10.12 [previously as, 10.20] new and effective 1/1/08.)

TRANSFERRING, CONSOLIDATING, AND RELATING CASES

10.13 TRANSFERS FROM ONE DISTRICT TO ANOTHER

A motion to transfer from one district to another must be filed in the Probate Department of the district where the case is pending.

(Rule 10.13 [previously as, 10.192] new and effective 1/1/08.)

10.14 CONSOLIDATION AND/OR TRANSFER OF CASES

When two or more petitions with different case numbers have been filed, with reference to the same decedent's estate, conservatee, minor or trust, the Court may, on its own motion, consolidate all matters with the case number assigned to the lowest case.

When two or more petitions have been filed in different districts, the proceedings will be transferred to the district in which the first petition was filed.

When a consolidation and/or transfer of proceedings is ordered, subsequent documents shall be filed using the case number designated by the Court in the consolidation and/or transfer order.

(Rule 10.14 [previously as, 10.4] new and effective 1/1/08.)

10.15 RELATED CASES

(a) Related Probate Cases. Related probate cases, for purposes of this section, are Los Angeles Superior Court cases which involve the same decedent, conservatee, ward, settlor/trustor or other parties which are substantially affected, and concern issues governed by the Probate Code. Counsel for any party and self-represented parties in such cases shall inform the Court of all such related cases by filing and serving notice of related cases in each such case or by orally informing the Court on the record.

Related Probate Cases shall be transferred, except for good cause, to the department to which the lead case is assigned. The first filed Probate Case shall be the lead case.

(b) Relating Probate Cases To Non-Probate Cases. Relating non-probate cases to probate cases is governed by Rule 7.3(f) of the Los Angeles Superior Court Rules.

(Rule 10.15 [previously as, 10.5] new and effective 1/1/08.)

PLEADINGS

10.16 DOCUMENT FILINGS REQUIRE DEPARTMENT NUMBER AND HEARING DATE

All documents filed in connection with matters already set for hearing must contain the hearing date, time and department below the case number in the caption section of the document. Documents that do not conform to this rule may be rejected for filing by the clerk.

(Rule 10.16 [previously as, 10.10] new and effective 1/1/08.)

10.17 DOCUMENT FILING REQUIREMENTS

(a) Reproducing Judicial Council Forms. When Judicial Council forms are reproduced on the front and back of a single sheet, they must be reproduced exactly and therefore the back sheet must be inverted ("tumbled") so that it can be read when placed in the court's file jacket.

(b) Filing Requirements to Facilitate Document Scanning. Documents filed with the court must be assembled as follows:

(1) Page Numbers. Each page must contain the case number, either at the top or the end of page

(2) Tabs. Tabs must appear at the end of the page (not on the side of the page)

(3) Backings and Separators. Bluebacks, or other colored backs, card stock separators and "Post a Notes" may not be used

(4) Staples. Staples may be used at the top of pleadings only

(5) Securing Documents to Pleadings. Documents that are secured to pages of a pleading (pictures, receipts, etc.) must be securely taped (not stapled)

(6) Confidential Documents. Confidential documents, including but not limited to Court Investigator's Reports, Confidential Screen forms, financial statements with social security numbers must not be attached to pleadings that will be part of the public file.

(Rule 10.17 [previously as, 10.11] new and effective 1/1/08.)

10.18 SUPPLEMENTAL AND AMENDED PLEADINGS

(a) Supplemental Pleadings. A supplement to a pleading must provide additional or clarifying information in support of the pleading it supplements. A supplement to a pleading must be captioned "Supplement to ...". Timely service of a copy of the supplement is required when service of a copy of the initial pleading was required.

(b) Amended Pleading. An amended pleading, as distinguished from a "supplement" to a pleading, requires the same notice (including publication) as the pleading it amends and must be filed and set for hearing as though an original petition. When a Judicial Council form was used for the original pleading, the amended pleading must also use a Judicial Council form on which the word "Amended" is added to the caption.

(Rule 10.18 [previously as, 10.14] new and effective 1/1/08.)

10.19 OPPOSITION AND REPLY PLEADINGS

The Probate Code allows any interested person to appear and make a response or objection orally or in writing at or before the hearing. If a response or an objection is made at the time of the first hearing on a petition, the court will ordinarily continue the hearing to allow objections or a response to be filed and to allow the petitioner to file a reply to the response or the objections.

If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.

(Rule 10.19 [previously as, 10.13.1] new and effective 1/1/08.)

10.20 ORDERS

(a) Orders in Contested Proceedings. Orders must be prepared in accordance with Civil Law and Motion Rules.

(b) Use of Judicial Council Form Orders. The attorney or a self represented party must, when no Judicial Council form order is available, prepare proposed orders and decrees of the Court.

(c) Probate Volunteer Panel (PVP) Attorney's Approval of Orders. In all matters where there is a PVP Attorney, the PVP Attorney must indicate approval as to form and content by signing at the end of the proposed order. After approval, the proposed order must be lodged with the Court.

(d) Material To Be Included In Probate Orders:

(1) Contents of Order. Orders must contain the name of the judicial officer presiding, the date of the hearing, the department, and the names of all persons appearing at the hearing. Orders must set forth, with the same particularity required of judgments in civil matters, all matters ruled upon by the Court. No text may appear after the signature of the judicial officer.

(2) Orders for Probate of Lost Wills. Judicial Council form "Order for Probate" must be used with an attachment setting forth the terms of the lost will and/or codicil.

(3) Orders Involving Real Property. Orders affecting real property must include: a full legal description of the real property; street address, if applicable; and Assessor's Parcel Number (APN).

(4) Orders Settling Accounts. Orders settling accounts must state the beginning and ending dates of the account period and contain general language approving the account, report and the acts reflected therein. These orders must contain a statement as to the balance of the property on hand as reflected in the Summary of Account and the amount of cash included in the balance.

(5) Orders Providing for Periodic Payments. Orders providing for periodic paymentsmust contain the following language "commencing ________ and continuing not to exceed ____ months."

(e) Riders and Exhibits. When orders include attachments, the place for execution by the court must appear at the end of the last attachment and an appropriate notation must be made indicating the order is signed at the end of the last attachment.

(f) Nunc Pro Tunc Orders:

(1) Nunc Pro Tunc Orders. When a signed order contains a clerical error it may be corrected by filing an application and presenting a proposed nunc pro tunc order correcting the error. The application for a nunc pro tunc order must include a declaration in support thereof and the proposed order. The documents must be presented to the Probate Attorney with the court file.

(2) Format of Order. The nunc pro tunc order must not take the form of an amended order and must be substantially in the following format: "Upon the consideration of the application of _____________, to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected, by striking the following (set forth the portion to be corrected) and by inserting in lieu thereof the following (set forth the corrected language)".

To prevent confusion, a complete clause or sentence should be stricken and correctly restated.

(Rule 10.20 [previously as, 10.36, 10.41, 10.42 & 10.44] new and effective 1/1/08.)

10.21 ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF DECEDENTS' ESTATES

(a) Issuance of Letters. The order of appointment, bond (if ordered), the Duties and Liabilities of the Personal Representative form and the Confidential Supplement To Duties and Liabilities of Personal Representative form, together with executed Letters must be submitted to the Court to be issued by the clerk.

(b) Multiple Representatives. When the court appoints multiple representatives, the court will issue Letters (Testamentary/Administration) jointly to all of the personal representatives appointed.

(c) Confidential Supplement To Duties and Liabilities of Personal Representative. The Confidential Supplement To Duties and Liabilities of Personal Representative must be submitted by each personal representative and must contain the personal representative's date of birth and driver's license number. This form is confidential and is not placed in the public court file.

(Rule 10.21 [previously as, 10.59 & 10.63] new and effective 1/1/08.)

PROVISIONS COMMON TO VARIOUS CASE TYPES AND MISCELLANEOUS PROCEEDINGS

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

When an attorney files a motion to withdraw as attorney of record for a fiduciary, service must be made by citation. The citation must be served in the manner provided in section 415.10 or 415.30 of the Code of Civil Procedure. If the fiduciary resides outside of this state, service may also be made in the manner provided in section 415.40 of the Code of Civil Procedure.

(Rule 10.22 [previously as, 10.197] new and effective 1/1/08.)

10.23 PARTY TO GIVE NOTICE

(a) Party To Give Notice. The responsibility is on the party or his/her attorney to cause notice to be given and to file the notice form and proper proof of service with the Court.

(b) Undelivered Notice. When notice is returned as undeliverable, the envelop containing such notice must be placed in the court's file.

(Rule 10.23 [previously as, 10.50] new and effective 1/1/08.)

10.24 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY

(a) Caption and Setting. The caption of the petition must reference Probate Code section 850. Because of the 30 day notice requirement, petitions will not be set for hearing sooner than six weeks from the date of filing. If it is anticipated there may be difficulties in completing the required service, a later date should be requested to avoid continuances.

(b) Notice of Hearing. Notice of hearing must contain the following:

(1) A description of the subject property sufficient to provide adequate notice to any party who might be interested in the property, and with respect to real property, the street address, or if none, description of the location of the property.

(2) A statement advising that any person interested in the property that is the subject of the petition may file an answer to the petition.

(Rule 10.24 [previously as, 10.73] new and effective 1/1/08.)

10.25 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE

When a party requests an order for confirmation or approval of sale of personal property, an appraisal of the property must be filed with the Court.

The appraisal requirement may be satisfied by an Inventory and Appraisal or a letter appraisal from the probate referee.

Rule 10.25 [previously as, 10.96] new and effective 1/1/08.)

10.26 SALES OF REAL PROPERTY

(a) Published Notice for Private Sales of Real Estate:

(1) Terms of Sale. The published notice of sale of real property constitutes a solicitation of offers and there cannot be a substantial variance in the terms of sale as between the published notice and the petition. When an executor publishes a notice of sale and later a technical defect appears, the defect cannot be cured by the executor's power of sale given in the will. The publication constitutes an election to sell by means of published notice.

(2) Time. If the Report of Sale and Petition for Order Confirming Sale of Real Property alleges the private sale took place prior to the date stated in the published notice, the sale will not be confirmed. In addition, if the Report of Sale and Petition for Confirmation is filed prior to the date of sale stated in the notice, the court must deny the petition without prejudice.

(b) Sale of Specifically Devised Real Property. When a Report and Petition for Confirmation of Sale of Real Property is filed, notice of the time and place of hearing must be given to the specific devisee(s), unless the devisee(s)'s consents to the sale are filed with the Court.

(c) Increased Bid Forms. When there is a successful overbid in open court on a sale of real property, counsel must complete and the successful bidder must sign and file a "Bid In Open Court on Sale of Real Property" form.

(d) Real Estate Commissions. The Court will not allow commissions in excess of five percent (5%) to an agent, broker or auctioneer, unless justified by exceptional circumstances, for the sale of improved real property. A commission not to exceed ten percent (10%) may be allowed for the sale of raw land.

(Rule 10.26 [previously as, 10.89, 10.93, 10.95 & 10.99] new and effective 1/1/08.)

10.27 BORROWING AND REFINANCING

(a) Petition. The petition must include allegations concerning the following:

(1) Existing encumbrances, including whether there is a purchase money mortgage

(2) Efforts to obtain the most favorable financing

(3) The estate's ability to service the debt

(4) All costs related to obtaining the loan, including but not limited to, loan discount points and broker's commission/fee

(5) The sufficiency of the existing bond and the need for additional bond, if any.

(b) Inventory and Appraisal. If a loan is to be secured by property of the estate, an inventory of said asset must be filed prior to the hearing.

(Rule 10.27 [previously as, 10.77] new and effective 1/1/08.)

10.28 REDUCTION AND WAIVER OF BOND

(a) Court Order Required to Increase or Decrease Bond or Substitute Surety. A court order is required to reduce the amount of the bond or to substitute a surety.

(b) Description of Bonds in Accounts. The total amount of the bond posted must be set forth in the petition that accompanies an account current. A statement concerning the sufficiency of the bond and whether additional bond or a reduction is needed must also be included in the petition.

(c) Request for Bond Waiver In Decedents' Estates Proceedings. In all cases where bond is not waived in the will, or the proposed personal representative resides out-of-state, and a waiver of bond is being requested, the petitioner must submit a declaration which states: (1) the number of unsecured creditors of the estate and the estimated estate liability to such creditors; (2) whether the estate is solvent; (3) all estimated tax liabilities, if any; (4) the amount of any known contingent liabilities; and, (5) the due diligence performed to ascertain the above information.

(d) Appearance Required In Decedents' Estate Proceedings. When a bond is not waived in the will for the proposed personal representative, the Court may require an appearance. When the proposed personal representative is a non-California resident, an appearance is required if a bondwaiver is requested in the petition.

(Rule 10.28 [previously as, 10.57] new and effective 1/1/08.)

10.29 BANK STATEMENTS AND BLOCKED ACCOUNTS

(a) Decedents' Estates and Trusts. In decedent's estate and trust proceedings, all interim accounts must include original bank statements showing the balance as of the ending date of the account period.

(b) Reconciliation. If the balance shown in the bank statement does not agree with the account balance as reported in the account, then the fiduciary must provide a written reconciliation.

(c) Confidential Financial Statements. If a bank account statement contains the estate's or trust's tax identification number or other personal information that would not ordinarily be disclosed in the account, inventory and appraisal or other non-confidential pleading filed in the action, the account statement must be filed under a separate case cover sheet and the caption must state "CONFIDENTIAL FINANCIAL STATEMENT" in capital letters so that it can be kept separately from the public record.

(d) Blocked Accounts. When the Court has ordered estate or trust assets deposited in a blocked account in a financial institution or trust company, the bank account statement, or separate letter from the financial institution, must be provided confirming that no funds may be withdrawn except upon court order.

(Rule 10.29 [previously as, 10.113] new and effective 1/1/08.)

10.30 ACCOUNTS AND REPORTS SUFFICIENCY OF BOND TO BE STATED

The petition for approval of accounts must state whether an additional bond or reduction of bond is necessary and whether bank accounts or securities are on deposit in blocked accounts. Proof of deposit and block account status must be filed.

(Rule 10.30 [previously as, 10.155] new and effective 1/1/08.)

10.31 PAYMENT AND REIMBURSEMENT OF COSTS

(a) Non-reimbursable Costs. The following costs may not be reimbursed to the attorney or the personal representative:

(1) Photocopies

(2) Postage

(3) Secretarial services

(4) Local telephone expense

(5) Local travel and mileage

(b) Discretionary Reimbursement. The following costs may be approved by the Court for reimbursement:

(1) Air courier and local messenger services

(2) Long distance telephone expenses

(3) Long distance travel

(4) Extraordinary postage and copying

(5) Parking

(6) Interpreter and translation services

(Rule 10.31 [previously as, 10.109] new and effective 1/1/08.)

10.32 FINDINGS AS TO CHARACTER OF PROPERTY

(a) Facts Establishing Community or Quasi-community Property Character of Assets. A Spousal or Domestic Property Petition or a Petition for a Particular Transaction filed per Probate Code section 3100 et seq., that seeks a determination of the community or quasi-community property character of property must contain the following information:

(1) Date and place of marriage.

(2) Description and approximate values of real and personal property owned by the decedent or person lacking legal capacity on the date of marriage and a statement concerning the disposition, if any, of same.

(3) Decedent's or person lacking legal capacity's net worth at the time of marriage.

(4) Description and approximate values and dates of receipt of all property received by the decedent or person lacking legal capacity, by gift, devise, joint tenancy, proceeds of life insurance, and other beneficiary designation, after the date of marriage and a statement concerning the disposition, if any, of same.

(5) Dates of decedent's or person lacking legal capacity's residency in California and supporting information regarding petitioner's claim of character of property acquired during periods of non-residency.

(6) When the petition affects title to real property, a statement concerning the status of record title to real property at the decedent's date of death or at the date of filing the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq.

(7) When the petition concerns Individual Retirement Accounts (IRA), life insurance policies or other assets that have a beneficiary designation taking effect on death or a pay on death designation, the status of that designation as of the decedent's date of death or at the date of filing the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq., including the names of beneficiaries or payees.

(8) Facts upon which the claim of community or quasi-community property is based.

(b) Documents Supporting Community or Quasi-community Property Character of Assets. Copies of documents supporting a claim of community or quasi-community character of subject property must be attached to the petition. Also, copies of written agreements between the decedent and the surviving spouse or between the spouses, for purposes of proceeding brought pursuant to Probate Code section 3100 et seq. providing for a non-prorata division of the aggregate value of the community property or quasi-community property, or both, must be attached, or in the alternative, a statement that such an agreement does not exist.

(c) Copies of Deeds To Be Attached. When the Petition affects title to real property, a copy of the deed(s) showing vesting at the decedent's date of death or at the time of filing of the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq. must be attached to the petition.

(d) Will as Basis for Passing Decedent's Property. When the surviving spouse's or domestic partner's entitlement to the decedent's interest in property is based upon the decedent's will, and the will has not been offered for or admitted to probate, the petitioner must allege that the will has been filed with the court for safekeeping.

(e) Petitioner Is Not the Spouse or Domestic Partner. When the petitioner is the personal representative or the conservator of the spouse or domestic partner, a copy of letters evidencing the appointment must be attached to the petition.

(f) Spousal or Domestic Property Petitions, Findings Regarding Character of Property.

(1) Unless alleged and proved, the court will make no findings as to whether the property is community or quasi-community.

(2) Unless alleged and proved, the court will make no finding as to whether the property is separate property.

(Rule 10.32 [previously as, 10.65, 10.66 &10.68] new and effective 1/1/08.)

10.33 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE PROBATE CODE SECTION 13200 ET SEQ.

When an Affidavit for Real Property of Small Value, pursuant to Probate Code section 13200, is filed with the Court there must be attached to the affidavit one of the following:

(a) Decedent Died Testate. If the decedent died testate, a statement that the decedent died testate and an executed copy of the will;

(b) Decedent Died Intestate. If the decedent died intestate, a statement identifying the relationship of the heir(s) which establishes the affiant's claim to entitlement.

(Rule 10.33 new and effective 1/1/08.)

DECEDENTS' ESTATES PROCEEDINGS

10.34 APPOINTMENT OF SPECIAL ADMINISTRATORS

(a) Notice. Unless good cause is shown, petitions for special letters of administration will not be granted without notice to the surviving spouse, domestic partner, the person nominated as executor, and any other person whom the Court in its discretion determines is entitled to notice.

(b) Preference. In making the appointment, preference is given to the person(s) entitled to letters testamentary or of administration. If a contest is pending, the Court may appoint a disinterested person or the Public Administrator as special administrator, upon the filing of a proper petition.

(c) Bond. The Court will require the special administrator, including a named executor, to post bond unless sufficient allegations are set forth to justify waiver.

(Rule 10.34 [previously as, 10.45 & 10.58]new and effective 1/1/08.)

10.35 DECLINATIONS AND CONSENTS TO ACT

(a) Declination of Named Executor. If a named executor declines to act, a written declination to act, signed by that person, must be filed with the court.

(b) Consent to Act. If the Petition for Probate requests appointment of someone other than the petitioner, or someone in addition to the petitioner, a consent to act signed by the non-petitioning executor/administrator for whom letters are sought, must be filed with the Court.

(Rule 10.35 [previously as, 10.28 & 10.60] new and effective 1/1/08.)

10.36 APPOINTMENT OF PUBLIC ADMINISTRATOR

(a) Appointment. Persons interested in having the Public Administrator appointed as personal representative should contact the Office of the Public Administrator and County Counsel's Office.

(b) Notice. In cases where it appears the Public Administrator has priority, notice to the Public Administrator and County Counsel must be given.

(Rule 10.36 [previously as, 10.46 and 10.47] new and effective 1/1/08.)

10.37 PROOF OF WILLS AND CODICILS

(a) Self Proving Wills and Codicils. In an uncontested proceeding, if the attestation clause is signed under penalty of perjury, or subscribed and sworn to before a notary, the will or codicil may be admitted to probate without a separate affidavit or declaration of subscribing witness.

(b) Non-Self Proving Wills. Non-self proving wills must be proved as follows:

(1) Proof of Witnessed Wills. Evidence of one or more of the subscribing witnesses may be presented by filing Judicial Council Proof of Subscribing Witness form.

(2) Proof of Holographic Wills or Codicils. A holographic will or codicil must be proved by filing of Judicial Council Proof of Holographic Instrument form.

(3) Certification of Wills or Codicils. Wills and codicils that are not self-proving must be certified as follows:

(i) Self Represented Parties. Self-represented persons must attach a copy of the will or codicil showing the clerk's filing stamp. Self-represented persons may not certify the photographic copy of the instrument by completing the Attorney Certification.

(ii) Attorney Certifications. The Attorney Certification must be dated on or after the date the Petition for Probate is filed.

(Rule 10.37 [previously as, 10.54] new and effective 1/1/08.)

10.38 FOREIGN LANGUAGE WILL

If the will or codicil is in a foreign language a translation of the document, authenticated by a declaration by a Judicial Council certified translator, must be attached as an exhibit to the petition.

(Rule 10.38 [previously as, 10.53] new and effective 1/1/08.)

10.39 SUBSEQUENT PETITIONS FOR PROBATE

Wills and codicils not included in a Petition for Probate of Will must be presented for probate in an amended or subsequent petition and new notice must be published and served.

(Rule 10.39 [previously as, 10.49] new and effective 1/1/08.)

10.40 INCORPORATED CITIES IN LOS ANGELES COUNTY

Appendix B to this Chapter Ten lists all incorporated cities in the County of Los Angeles.

(Rule 10.40 [previously as, 10.29] new and effective 1/1/08.)

10.41 NOTICE TO CREDITORS

(a) Notice To Known and Reasonably Ascertainable Creditors. All known and reasonably ascertainable creditors must be notified of the administration of the estate. Judicial Council Notice of Administration To Creditors form must be used for this purpose. The notice(s) with proof of service shall be filed with the court.

(b) Claims by Public Entities. Claims by Public Entities, Medi-Cal and Director of the California Victim Compensation and Governmental Claims Board may be barred only after actual notice is sent to the entity and the applicable claim period has expired.

(Rule 10.41 [previously as, 10.79] new and effective 1/1/08.)

10.42 CREDITOR'S CLAIMS

(a) Creditor's Claims of Personal Representatives or Their Attorneys:

(1) Personal Services. A creditor's claim of a personal representative or his/her attorney for fees for services personally rendered to the decedent must attach detailed invoices or other itemization of such services.

(2) Reimbursement for Debts. A creditor's claim of a personal representative or his/her attorney for reimbursement of debts or funeral expenses of the decedent must attach detailed invoices or other evidence of payment.

(b) Funeral and Interment Claims. Interest on creditor's claims for funeral interment will be allowed commencing 60 days after the date of death.

(Rule 10.42 [previously as, 10.82 & 10.84] new and effective 1/1/08.)

10.43 NOTICE OF PROPOSED ACTION

(a) A Notice of Proposed Action. A Notice of Proposed Action must contain a description of the proposed action in reasonably specific terms. If the proposed action involves a sale or exchange of real property or option to purchase real property the notice must include the material terms of the transaction including the sales price and commission(s) payable to the broker(s).

(b) Notice Filed with the Court. The Notice of Proposed Action, together with the proof of service, must be filed with the Court.

(c) Petitions for Distribution. Petitions for distribution must contain a description of the actions taken by the personal representative under the Independent Administration of Estates Act. The personal representative must allege whether Notice of Proposed Action was given or waived or that consents were given by all affected parties.

(Rule 10.43 [previously as, 10.71] new and effective 1/1/08.)

10.44 PETITION FOR FAMILY ALLOWANCE

(a) Ex Parte Petitions. When a petition for family allowance is presented ex parte, and the petitioner is not the personal representative, the consent to the allowance or waiver of notice by the personal representative must be filed with the petition.

(b) Limitation on Period of Family Allowance. An order for family allowance will not be made for a period exceeding six months unless good cause is shown, if filed before the Inventory and Appraisal.

(c) Reasonableness and Eligibility. The petition for family allowance must state:

(1) The estimated monthly income of the proposed recipient, including any government benefits.

(2) When the surviving spouse is the petitioner, the spouse's income from sources other than the estate and an itemization of the spouse's separate property.

(3) An itemized estimate of monthly expenses in petitions seeking payments of $1,000 or more per month.

(4) A statement showing how title to subject real property is vested when itemized expenses include payments for real property.

(Rule 10.44 [previously as, 10.75] new and effective 1/1/08.)

10.45 HEIRSHIP DETERMINATIONS

(a) Notice of Hearing. Notice of hearing together with a copy of the petition must be served on the affected parties and their attorneys of record.

(b) Notice to Attorney General. When notice to the Attorney General is required, notice of hearing together with a copy of the petition must be sent to the Attorney General, Charitable Trusts Section 1515 K. Street, Sacramento, CA 94244-2550.

(c) Contents of Petition. The petition must identify (by name, address and relationship to the decedent) the persons entitled to distribution of the decedent's estate. If the personal representative is the petitioner, the petition may propose alternative entitlements.

(d) Genealogical Chart. The petition must include a genealogical chart establishing the relationships between the decedent and the decedent's heirs.

(e) Escheat. When the petition for probate states that heirs are unknown, there is a presumption of a possible escheat, and notice to the California Attorney General is required.

(Rule 10.45 [previously as, 10.74] new and effective 1/1/08.)

10.46 PETITIONS FOR INSTRUCTIONS

(a) Limitations. The use of petitions for instructions by personal representatives is limited to those matters for which no other procedure is provided by statute.

(b) Specifying Instruction. The petition should state the instruction requested and should not be stated in the alternative.

(Rule 10.46 [previously as, 10.72] new and effective 1/1/08.)

10.47 COLLECTION OF DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR PROPERTY DAMAGE

(a) Wrongful Death Damages. Damages for wrongful death are held by the personal representative for the benefit of the statutory beneficiaries and are not part of the estate.

(b) Physical Injury or Property Damages. Damages for physical injury to the decedent or property damage are part of the estate. The cause of action or the settlement proceeds must be inventoried.

(c) Court Approval Required. Compromise or settlement of wrongful death or injury claims of the decedent must be approved by the court.

(Rule 10.47 [previously as, 10.117] new and effective 1/1/08.)

10.48 PETITIONS FOR PRELIMINARY AND FINAL DISTRIBUTION

(a) Schedule of Creditors' Claims. Petitions for preliminary and final distribution must state, for each claim presented:

(1) Claimant's name;

(2) Date of filing of the claim;

(3) Nature of the claim;

(4) Amount of the claim;

(5) Disposition of the claim;

(6) If the claim was rejected, the date of service of the rejection and whether or not a lawsuit was filed.

(b) Medi-Cal Recipient. Petitions for distribution must contain allegations regarding whether or not the decedent received Medi-Cal benefits or was the surviving spouse of a person who received Medi-Cal benefits. If such benefits were received, notice must be given to the Director of Health Services and the claim period must have expired.

(c) Heir Confined In a Correctional Facility. Petitions for distribution must contain allegations regarding whether or not, the general personal representative or estate attorney knows or has reason to believe that an heir is confined in a prison or facility under the jurisdiction of the Department of Corrections or Department of Youth Authority or confined in any county or city jail, road camp, industrial farm, or other correctional facility. If distribution will be made to such person, the petition for distribution must state that notice was given as provided in Probate Code, and whether or not the Director of the California Victim Compensation and Government Claims Board has demanded collection of any outstanding restitution fines or orders.

(Rule 10.48 [previously as, 10.69] new and effective 1/1/08.)

10.49 PAYMENT OF COSTS OF ADMINISTRATION

A petition for final distribution or to terminate the proceeding must state that all charges for legal advertising, bond premiums, probate referee's services and costs of administration have been paid.

Rule 10.49 [previously as, 10.108] new and effective 1/1/08.)

10.50 ALLEGATIONS REGARDING CREDITORS

Petitions for approval of accounts, waivers of account or requesting distribution must state the efforts to locate known or reasonably ascertainable creditors and whether actual notice was given or required.

If actual notice to creditors was given the completed form of Notice of Administration To Creditors together with the proof of service must be filed with the Court. If there were no known or reasonably ascertainable creditors the petition must so state.

Rule 10.50 [previously as, 10.107] new and effective 1/1/08.)

10.51 MEDI-CAL NOTIFICATION

Petitions containing a request for distribution must allege compliance with notice to the Director of Health Services. Notice is not required when neither the decedent nor the decedent's predeceased spouse received Medi-Cal benefits, or when no claim will be made by the Department of Health Services because (1) the decedent died before June 28, 1981, (2) the decedent was under age 65 at date of death, (3) the decedent was survived by a spouse, minor child, or disabled child, or (4) the decedent's predeceased spouse died before June 30, 1993.

(Rule 10.51 [previously as, 10.116] new and effective 1/1/08.)

10.52 INHERITANCE TAXES FOR DECEDENTS DYING BEFORE JUNE 8, 1982

When the decedent died before June 8, 1982, either an Inheritance Tax Report or a Certificate of No Tax Due is required.

Notice of filing of inheritance tax report must be given to those against whom a tax has been fixed and all beneficiaries of the estate.

An order fixing inheritance tax may be vacated as provided in Code of Civil Procedure section 473. After six months, the court is generally without jurisdiction to vacate the order except as provided in Revenue and Taxation Code section 13985 (repealed 1982), relating to allowance of deductions established or paid after the order fixing tax is made and Revenue and Taxation Code section 14672 (repealed 1982) relating to the correction of erroneous orders fixing tax occasioned by mistake, inadvertence or excusable neglect.

(Rule 10.52 [previously as, 10.127 & 10.129] new and effective 1/1/08.)

10.53 GUIDELINES FOR ATTORNEY COMPENSATION

Appendix C to Chapter 10 constitutes a compilation of statutory and case law concerning attorneys' compensation.

(Rule 10.53 [previously as, 10.142] new and effective 1/1/08.)

10.54 ALLEGATION RE CHARACTER OF PROPERTY

In addition to those allegations required by California Rules of Court, Title 7, a petition for distribution must contain the allegations set forth in Rule 10.32(a) through (c) of this Chapter to establish the community or quasi-community character of assets. This rule may also apply when distribution is being made under Probate Code section 6402.5 when a portion of the estate is attributable to the decedent's predeceased spouse.

The allegations set forth in Rule 10.32(a) through (c) of this Chapter are not required if the surviving spouse is the sole heir or devisee.

(Rule 10.54 [previously as, 10.114] new and effective 1/1/08.)

10.55 PROVISIONS RE SURVIVORSHIP

When a spouse's or domestic partner's right to take under a will is conditioned on survival for a specified period of time, no property will pass to the spouse or domestic partner until the expiration of the survivorship period. A Spousal Or Domestic Partner Property Petition may be filed prior to the expiration of the survivorship period. However, no order passing the property to the surviving spouse or domestic partner will be made prior to the expiration of the survivorship period.

(Rule 10.55 [previously as, 10.67] new and effective 1/1/08.)

10.56 DESCRIPTION OF DISTRIBUTEES

(a) Names and Addresses. The names and addresses of all persons who are present and future distributees of the estate, and whether they are adults or minors, must be stated in all petitions for distribution. If distribution will not be made directly to the beneficiary, the name, address and fiduciary capacity of the recipient must be stated.

(b) Age of Minors and Others. In all cases where property will be distributed to a minor, the age and birth date must be stated in the petition and the order thereon. See Local Rule for distribution to minors.

If a trust beneficiary will receive distribution upon reaching a specific age, the petition and order thereon must state the age and birth date of the beneficiary.

(Rule 10.56 [previously as, 10.115] new and effective 1/1/08.)

10.57 ORDERS ESTABLISHING TESTAMENTARY TRUSTS

(a) Appointment of Testamentary Trustee Prior To Distribution. Upon filing of a proper petition, the Court may appoint a testamentary trustee before the decree of distribution is made.

(b) Orders Establishing Testamentary Trusts. An order establishing a testamentary trust must incorporate the terms of trust in its entirety. The terms of the trust must be set forth in the present tense and in the third person instead of quoting from the will.

(Rule 10.57 [previously as, 10.121 & 10.184] new and effective 1/1/08.)

10.58 DOCUMENTS TO BE ON FILE BEFORE ORDER FOR DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY

(a) Distributions To Minors. When a minor is to receive a distribution from a decedent's estate the following must be filed in the decedent's estate proceeding prior to the hearing on the petition for distribution:

(1) When a guardian of the estate is required, a certified copy of Letters of Guardianship and a declaration concerning the adequacy of the guardian's bond.

(2) When the distribution does not exceed $5,000 and the property is to be delivered to the minor's parent, the written assurance of such parent that the value of minor's estate does not exceed $5,000 is required.

(3) When the transfer is to be made to a Custodian under the California Uniform Transfers To Minors Act, the written consent of the Custodian is required. The petition must state the minor's date of birth and if the distribution is to be delayed beyond the age of majority, the age for delivery of property to the minor.

(b) Distribution To Court Appointed Fiduciary. If beneficiary's distribution will be made to a court appointed fiduciary, a certified copy of the fiduciary's letters must be attached to the petition.

(Rule 10.58 [previously as, 10.120] new and effective 1/1/08.)

10.59 POST DECEASED DISTRIBUTEES, DISTRIBUTION PURSUANT TO PROBATE CODE SECTION 13100 ET SEQ.

When distribution will be made to the successors in interest of a post deceased distributee pursuant to Probate Code section 13100 et seq., an affidavit or declaration, executed as required by Probate Code section 13101, must be filed with the Court which includes the following:

(a) Post Deceased Distributee Died Testate. If a post deceased distributee died testate, a statement that the decedent died testate and attaches an executed copy of the will;

(b) Post Deceased Distributee Died Intestate. If the post deceased distributee died intestate, a statement identifying the relationship of the heir(s) which establishes the affiant's or declarant's claim to distribution.

(Rule 10.59 [previously as, 10.125] new and effective 1/1/08.)

10.60 ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE

(a) Notification To Court. If the personal representative knows of the existence of an assignment or transfer of an interest in the estate by an heir or devisee, any petition for distributioneffecting that heir or devisee's interest in the estate must include an allegation concerning the specifics of the assignment or transfer.

(b) Written Assignment or Transfer of Interest. The written assignment or document of transfer, signed by the heir or devisee, must be filed with the Court.

(c) Distribution Care-of Attorney. The Court will not order distribution of an heir's or devisee's interest in the estate care-of his or her attorney, unless the written consent of the heir or devisee is filed with the Court.

(Rule 10.60 [previously as, 10.118] new and effective 1/1/08.)

10.61 RECEIPTS OF DISTRIBUTION

(a) Distributee Receipts. A receipt of distribution shall be signed by the distributee personally. A receipt signed by an attorney-in-fact must have attached an executed copy of the power of attorney and a certification under penalty of perjury by the attorney-in-fact that the power of attorney is in full force and effect and authorizes said action.

(b) Recorded Deed or Order In Lieu of Distributee's Receipt. For real property, recordation of the order for distribution or the deed suffices as a receipt for distribution of the property.

(Rule 10.61 [previously as, 10.124] new and effective 1/1/08.)

GUARDIANSHIP PROCEEDINGS

10.62 APPOINTMENT OF GUARDIANS

(a) Single Petition for Multiple Minors. A single petition for appointment of guardian must be used for multiple minors, if the minors are siblings and the same guardian(s) will be appointed for all minors.

(b) PRO 003 Must Be Filed with Petition. Los Angeles Superior Court form PRO 003, Notification to Court of Address on Conservatorships/Guardianship, must be submitted with the petition for appointment of guardian (or successor guardian), and at the time letters of guardianship are presented for issuance.

(c) Appointment of Non-Relative Guardians. When the petition requests the appointment of a non-relative as guardian of the person, notice of hearing with a copy of the petition shall be mailed, at least 15 days prior to the hearing date, to:

Department of Children and Family Services
201 Centre Plaza Drive
Monterey Park, CA 91754

California Department of Social Services
744 P Street
Sacramento, CA 95814-6413

(Rule 10.62 [previously as, 10.157 & 10.158] new and effective 1/1/08.)

10.63 GUARDIANSHIP ACCOUNTS OR WAIVERS OF ACCOUNTS

(a) Separate Accounting for Each Minor. When a guardian is appointed for more than one minor, the guardian must file a separate accounting for each minor.

(b) Waiver of Accounting When a Ward Reaches Majority. When a former ward, who has reached the age of majority, waives the final accounting of the guardian, the waiver may not be approved unless the ward is present at the hearing.

(Rule 10.63 [previously as,10.161 & 10.162] new and effective 1/1/08.)

CONSERVATORSHIP PROCEEDINGS

10.64 APPOINTMENT OF CONSERVATORS

(a) PRO 003 Must Be Filed with Petition. Los Angeles Superior Court form PRO 003, Notification to Court of Address on Conservatorships/Guardianship and its Addendum, must be submitted with the petition for appointment of conservator (or successor conservator), and at the time letters of conservatorship are presented for issuance.

(b) Appointment of Private Professional Conservators. When appointment of a Private Professional Conservator is sought, the petition must include the fiduciary's registration number and that a current registration form is on file with the Los Angeles Superior Court.

(Rule 10.64 [previously as, 10.168] new and effective 1/1/08.)

10.65 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIP

(a) LPS Conservatorship Proceedings. If the conservatee or proposed conservatee is currently under an LPS conservatorship, the petition must state the county where the LPS proceeding is or is pending, the case number and the name and address of the LPS conservator.

(b) Notice to LPS Conservator. Notice must be given to the LPS conservator in the same manner as required for relatives within the second degree.

(Rule 10.65 [previously as, 10.169] new and effective 1/1/08.)

10.66 NOTICE OF ESTABLISHMENT OF CONSERVATORSHIP

The conservator of the estate must record a certified copy of letters of conservatorship with the county recorder in each county where real property of the estate is located, unless (a) in the case of a limited conservatorship, the conservator does not have the power to contract, or (b) the rights of the conservatee have been broadened pursuant to Probate Code section 1873 to include the power to enter into transactions, without prior order, concerning real property.

(Rule 10.66 [previously as, 10.174] new and effective 1/1/08.)

10.67 CONSERVATORSHIP CARE PLAN

(a) LASC Form Care Plan. The Los Angeles Superior Court form "Conservatorship Care Plan" must be used when a conservator files his or her personal care plan as required by Probate Code section 2352.

(b) Mailing Copy of Conservatorship Care Plan to Court Investigator. When the Conservatorship Care Plan is filed with the Court, a copy must be mailed to the Court Investigator's Office, 111 N. Hill Street, Room 250, Los Angeles, CA 90012.

(Rule 10.67 new and effective 1/1/08.)

10.68 COURT INVESTIGATOR'S ASSESSMENTS

The conservator's account and/or report shall state whether all court investigator's assessments have been paid. No final discharge will be granted until proof of payment is filed with the Court or payment of the assessments have been waived.

(Rule 10.68 [previously as, 10.178] new and effective 1/1/08.)

10.69 RESIGNATION OF CONSERVATOR

(a) Effective Date of Resignation. A conservator may resign at any time. However, the resignation is not effective until approved by the Court and will not be approved until a successor conservator is appointed.

(b) Final Account of Resigning Conservator. A final account of a resigning conservator shall not be approved until a successor conservator is appointed and is served with notice of hearing and copy of the account and/or petition for its approval.

(Rule 10.69 [previously as, 10.179] new and effective 1/1/08.)

10.70 NOTICES RE FINAL ACCOUNT UPON DEATH OF CONSERVATEE

Notice of hearing and a copy of the petition for settlement of a final account, upon the death of the conservatee, must be given to the personal representative, if any, of the deceased conservatee, and if none, to all known heirs at law, devisees and other successors in interest.

(Rule 10.70 [previously as, 10.170] new and effective 1/1/08.)

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

10.71 CONSERVATOR'S OR GUARDIAN'S INDEPENDENT POWERS

A request for Probate Code section 2591 independent powers must justify the necessity for each power requested.

When the power to sell real property is granted, the sale must be returned to the Court for confirmation.

(Rule 10.71 [previously as, 10.153] new and effective 1/1/08.)

10.72 INVENTORY AND APPRAISAL OF BENEFITS

If the ward or conservatee receives pension, Veterans, Social Security, welfare or other periodic benefits, such benefits must be included in the inventory.

(Rule 10.72 [previously as, 10.154] new and effective 1/1/08.)

10.73 ACCOUNTS, REPORTS AND CONSERVATOR/GUARDIAN COMPENSATION

(a) Reconciliation of Financial Statements. When a closing balance reported in the "Property on Hand" schedule (at end of the accounting period) and/or an Inventory and Appraisal (for first accountings) does not agree with the balance reported in its corresponding financial statement, the account must include a schedule with a detailed reconciliation, including calculation and description of the reason for the difference.

(b) Allegation Regarding Sufficiency of Bond. The petition for approval of an account must state the amount of the current bond, if any, and whether an additional bond or reduction of bondis necessary.

(c) Allegation Regarding Blocked Accounts. The petition for approval of an account must state when funds are on deposit in a blocked account(s). Proof of deposit and the blocked account status must be filed.

(d) Insured Accounts. No account balance may be larger than the amount insured.

(e) Vesting of Accounts. Financial institution accounts must be vested in the name of the fiduciary (e.g., Joe Smith as conservator of the estate of Margaret Smith).

(f) Court Investigator's Assessments. Petitions for approval of accounts must state whether or not the court investigator's assessments have been paid and if there are amounts unpaid, the amount due and owing. A receipt for payment must be filed before the account is approved unless the conservator has obtained an order deferring or waiving payment of the assessment.

(g) Conservator Compensation. When the conservator requests compensation, whether requested in a petition for approval of an account or in a separate petition, justification for the fees requested must be in the format set forth in Appendix D.

(h) Hearings for Approval of Conservatorship/Guardianship Accounts To Be Coordinated With Hearings For Approval of Trust Accounts. When the conservatee/ward is the settlor or a beneficiary of a trust that is subject to the Court's continuing jurisdiction and the conservator/guardian is the trustee or co-trustee of the trust, the trustee's accounting must be set for hearing on the same day as the conservatorship/guardianship accounting.

(Rule 10.73 [previously as, 10.155] new and effective 1/1/08.)

10.74 ACCOUNTS AND INVENTORIES AND APPRAISALS - CONSERVATORS AND TRUSTEES OF TRUSTS SUBJECT TO THE COURT'S CONTINUING JURISDICTION

(a) Mailing Copies to the Court Investigator's Office. Conservators of the estate and trustees of trusts funded by court order, or trusts otherwise subject to the Court's continuing jurisdiction (but not including testamentary trusts subject to the Court's jurisdiction pursuant to Probate Code section 17300), must mail, or cause to be mailed, copies of all accountings and Inventories and Appraisals filed with the Court to the Court Investigator's Office, 111 N. Hill Street, Room 250, Los Angeles, CA 90012. Copies of the financial statements, escrow statements and billing statements from residential care or long term care facilities, required by Probate Code section 2620, need not be attached to the mailed copies to the Court Investigator.

(b) Lodging Original Financial Statements with the Court. All original financial account statements submitted by Private Professional Fiduciaries in support of their accountings, as required by Probate Code section 2620, must be lodged with the Court separately from the accounting. When lodging these documents with the Court a caption page must be affixed to the documents. The caption page must include: the case name; the case number; the date, time, and place of the hearing; the name and address of the fiduciary and his or her attorney; a statement regarding the total number of pages (including the cover sheet) submitted; and a declaration, under penalty of perjury, stating the financial statements attached are the originals . Several documents may be filed under a single captioning page. To facilitate return of the original documents, the fiduciary must submit, at the time of filing, a self addressed postage pre-paid envelope or written instructions or authorization for pick-up by the fiduciary or his or her designee. Retention and return of financial documents shall be as follows:

(1) Districts with Probate Scanning. Statements scanned by the Court shall constitute the Court's permanent record of such documents. After the financial statements are scanned, theClerk is authorized to return these documents to the Private Professional Fiduciary. To facilitate scanning the documents must be loosely bound and not stapled.

(2) Districts without Probate Scanning. The Court will return the financial statements to the Private Professional Fiduciary after the order approving the fiduciary's accounting becomes final. At that time, the original documents will be returned to the depositing fiduciary or any successor appointed by the Court.

(Rule 10.74 [previously as, 10.180.1] new and effective 1/1/08.)

TRUST PROCEEDINGS

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

All petitions filed under Probate Code section 17200 et seq., which relate to the same trust, must be filed under the same case number.

Each petition filed under Probate Code section 17200 et seq., whether or not filed in the same case file, must contain facts necessary to support the jurisdiction of the Court and requires a new initial filing fee for each petition.

(Rule 10.75 [previously as, 10.181.1] new and effective 1/1/08.)

10.76 PETITIONS TO CONFIRM SALE OF TRUST REAL PROPERTY

When a trustee seeks court confirmation of sale of trust real property, the sale must comply with the provisions of Probate Code section 10300 et seq.. The trustee is required to publish notice of intention to sell real property unless: the trust gives the trustee the power to sell real property; the trust directs the property to be sold; or, the value of the property does not exceed $5,000 (Prob. Code, § 10301).

(Rule 10.76 new and effective 1/1/08.)

10.77 SETTLEMENTS INVOLVING CHARITABLE TRUSTS

The Attorney General must be a party to a petition to modify or terminate a trust for charitable purposes.

(Rule 10.77 [previously as, 10.78] new and effective 1/1/08.)

10.78 TESTAMENTARY TRUSTEES' ACCOUNTS

The starting balance of the first account of a testamentary trustee must conform to the trustee's receipt(s) on file in the decedent's estate proceeding.

(Rule 10.78 [previously as, 10.181] new and effective 1/1/08.)

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

10.79 SETTLEMENTS OR JUDGMENTS RELATING TO CLAIMS OF MINORS OR PERSONS WITH DISABILITIES (INCLUDING ESTABLISHMENT AND FUNDING OF TRUSTS)

When there is a judgment or settlement of claim(s), including a covenant not to sue, relating to a minor or person with a disability, as defined by Probate Code section 3603, the procedures set forth in this rule shall apply. (Also see Code Civ. Proc., § 372; Prob. Code, § 2500 et seq.; Prob. Code, § 3500, Prob. Code, §§ 3600 to 3612; Title 7, Section 7.10 of the Standards of Judicial Administration; and, California Rules of Court, tit. 3, div. 12, rule 3.1384 and tit. 7, chap. 20).

(a) Proper Court To Approve Settlement.

(1) No Civil Action Pending. If no civil action is pending, the settlement must be approved by the Probate Court as provided in Probate Code sections 2505(b) and 3500.

(2) Pending Civil Action. If settlement for a minor or a person with a disability is reached in a pending civil action, the settlement must be approved in the court in which the action is pending (see Prob. Code, § 2505(a).).

(b) Disposition of Proceeds. Proceeds from a settlement or judgment may be handled in the following manner [except for settlements made pursuant to Probate Code section 3500(d)]:

(1) Distribution to a parent of a minor. Probate Code sections 3611(e) and 3400 et seq.;

(2) Distribution to one or more insured blocked accounts deposited in financial institutions in this state, Probate Code section 3602(c)(1). Deposits in financial institutions covered by FDIC insurance must not exceed the amount covered;

(3) Distribution to a guardian or conservator of the estate after filing of appropriate bond. Probate Code sections 3602(b) and 3611(a);

(4) Distribution to a custodian under the Uniform Transfers to Minors Act, who may be required to place the funds into a blocked account or be bonded in the amount required by Probate Code section 2320 et seq. Probate Code sections 3602(c) and 3611(f);

(5) Purchase of a single-premium deferred annuity. Probate Code sections 3602(d) and 3611(b);

(6) Creation and distribution to a Special Needs Trust. Probate Code sections 3602(d) and 3611(c);

(7) Creation and distribution to a trust for a minor that is revocable at age 18. Probate Code sections 3602(c)(3) and 3611(g).

(c) Petition to Compromise Claim:

(1) Petition to Comply With California Rules of Court. A petition for approval of the compromise of a claim of a minor or a person with a disability is subject to the provisions of California Rules of Court, title 7, rules 7.950 and 7.951. Use of Judicial Council forms is required; see California Rules of Court, title 7, rule 7.101.

(2) Appointments of Guardians Ad Litem. The Court may appoint a guardian ad litem for the minor or person with a disability to review the settlement (Code Civ. Proc., § 373 and Prob. Code, §1003).

(3) Attorney's Fee, Costs and Expenses. At the time of hearing, the Court shall determine the amounts of attorneys fees, costs and expenses to be allowed from the proceeds of the settlement, see California Rules of Court, title 7, rule 7.955. Except where good cause is shown, the attorney's fees shall not exceed an amount equal to twenty-five percent (25%) of the gross proceeds of settlement, or, if applicable, the amount determined under Business and Professions Code section 6146, whichever is less. When attorney's fees are requested, a declaration from the attorney explaining the basis for the requested fees must be attached to the Petition to Approve the Compromise. The declaration must be in the form required in California Rules of Court, title 7, rule7.702 subdivisions (1) to (6). If the settlement includes the purchase of a single-premium deferred annuity, attorney's fees shall be calculated based on the premium amount of the annuity and not the total payments to be made.

(4) Annuities. When the settlement includes the purchase of a single-premium deferred annuity, an exemplar of the proposed annuity contract and schedule of payments to be made pursuant to the contract shall be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor's or the person with a disability's estate. The rating of the company issuing the annuity shall be disclosed in the petition.

(5) Establishment of Special Needs or Other Trusts. When the settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust shall be reviewed by the Probate Department. The terms of the trust shall include the provisions required in California Rules of Court, title 7, rule 7.903, and Los Angeles Superior Court Local Rules, chapter ten, rule 10.80.

(d) Orders:

(1) Order Approving Compromise of Claim. Judicial Council form "Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Adult Person with a Disability" is required.

(2) Orders Establishing Trusts. When the order establishes a trust, the order shall be a long form attorney order, setting forth the provisions of the trust in their entirety.

(e) Post Judgment Procedures:

(1) Commencement of Trust Proceeding. The order approving the settlement shall provide, as a condition to final approval of the settlement, that the trustee(s) commence a separate trust proceeding with a probate case number in this county. A certified copy of the order establishing the trust, together with a copy of the trustee's bond(s), shall be filed with the court by presenting said documents with a caption page, identifying the trust, for assignment of a probate case number.

(2) Establishment of Blocked Accounts: A certified or file endorsed copy of the Judicial Council form "Order To Deposit Money Into Blocked Account" must be delivered to the financial institution. The Judicial Council form "Receipt and Acknowledgment of Order for the Deposit of Money to Blocked Account" shall be signed by the depository and promptly filed with the court, California Rules of Court, title 7, rule 7.953. It is the duty of the attorney to assure that funds are deposited in accordance with the order. Attorney's fees shall not be paid until the money is deposited in the blocked account and the receipt is filed with the court.

(3) Withdrawal of Funds from Blocked Account: A Judicial Council form "Petition for Withdrawal of Funds from Blocked Account" shall be filed and presented to the Probate Department of the Superior Court. Petitions may be presented ex parte. Contact The Minor's Account Section, located in the Stanley Mosk Courthouse, 111 N. Hill Street, Room 260, Los Angeles, CA 90012 or (213) 974-5519 concerning Central District cases.

When withdrawal is sought because the minor has reached majority and the "Order To Deposit Money Into Blocked Account" is self executing, i.e., provides for release when minor attains the age of 18, the court has no further involvement. The former minor must contact the financial institution directly for release of funds.

(Rule 10.79 [previously as, 10.186.2, 10.187, 10.188, 10.188.1 &10.189] new and effective 1/1/08.)

10.80 TRUSTS CREATED OR FUNDED PURSUANT TO COURT ORDER INCLUDING CIVIL JUDGMENT

(a) Trusts Created or Funded By Court Order. Trusts created or funded by court order, including trusts created pursuant to Probate Code sections 2580 et seq. ("substituted judgment"), 3100 et seq. (relating to particular transactions for disabled spouses or registered domestic partners), and 3600 et seq. (relating to the compromises of claims of minors and persons with disabilities) are subject to California Rules of Court, title 7, rule 7.903. All such trusts shall include provisions for protection of the trust assets against misuse and for continuing supervision by the court. Except as provided in subsection (c) herein, unless the court otherwise orders for good cause shown, trusts created or funded by court order must:

(1) not contain a no-contest provision;

(2) prohibit modification or revocation without court approval;

(3) clearly identify the trustee and any other person(s) with authority to direct the trustee to make disbursements;

(4) prohibit investments by the trustee other than those permitted under Probate Code section 2574;

(5) require persons identified in subdivision (3) to post bond in the amount required under Probate Code section 2320 et seq.;

(6) require the trustee to file accounts and reports for court approval in the manner as frequency required by Probate Code sections 1060 et seq. and 2320 et seq.;

(7) require court approval of changes in trustees and a court order appointing any successor trustee;

(8) require compensation of the trustee, the members of any advisory committee and the attorney for the trustee to be just and reasonable amounts, to be fixed and allowed by prior order of court. The trust may provide for periodic payments of compensation on account, subject to the requirements of Probate Code section 2643 and California Rule of Court, title 7, rule 7.755.

(b) Additional Trust Requirements. The court may also require that the trust include the following provisions:

(1) When the trustee is a trust company (as defined in Financial Code section 107) and it petitions for fees, the petition shall include a complete disclosure of any fees paid to a fiduciary and/or any affiliate as required by Probate Code section 16015 and Financial Code section 1561.1;

(2) Any purchase of a personal residence for a beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships, Probate Code section 2571;

(3) Any sale of a personal residence of the beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships, Probate Code section 2540(b). Such sales must be returned to court for confirmation [See Probate Code section 10300 et seq.];

(4) The trustee may not borrow money, lend money, give security, lease, convey, or exchange any property of the estate without prior authorization by order of the court, Probate Code section 2550.

(c) Rule Does Not Apply to Trusts Under $20,000. Unless the court otherwise orders for good cause shown, the requirements of subdivision (a) paragraphs (5) to (8) and subdivision (b) of this rule do not apply to trust instruments or trusts that will have a total asset value of $20,000 orless, after receipt of the net proceeds of the proposed settlement or judgment.

(Rule 10.80 [previously as, 10.186] new and effective 1/1/08.)

10.81 SPECIAL NEEDS TRUST CREATED BY COURT ORDER/JUDGMENT

A special needs trust is intended to allow the beneficiary to continue to maintain eligibility for certain needs-based government benefits, such as SSI or Medi-Cal. Special needs trusts typically contain limitations on the ability to use trust assets to pay for the food, shelter, clothing and utilities of the beneficiary, so that eligibility for government benefits will not be impaired (see, 20 C.F.R. section 416.1130 et seq., and 22 Cal. Code Regs. section 50509 et seq.).

When special needs trusts are established by court order, federal law generally requires that the trust provide that upon termination, Medi-Cal or any other Medic-aid agency which has paid benefits to the beneficiary shall receive all amounts remaining in the trust up to an amount equal to the benefits paid (42 U.S.C. 1396p(d)(4)(A)). The Department of Health Services promulgates general guidelines regarding special needs trusts. These guidelines can be obtained by contacting the Department of Health Services.

(Rule 10.81 [previously as, 10.186 & 10.186.1] new and effective 1/1/08.)

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

When a trust is created under Probate Code section 2580 et seq. in a conservatorship proceeding, or Probate Code section 3100 et seq., all future proceedings relating to that trust must be filed as a new separate case.

(Rule 10.82 [previously as, 10.181.1(a)] new and effective 1/1/08.)

PROBATE VOLUNTEER PANEL ATTORNEYS

10.83 PROBATE VOLUNTEER PANEL GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR APPOINTMENT TO THE PANEL

All Probate Volunteer Panel (PVP) Attorneys must meet the following General Requirements:

(a) Active Status with the State Bar. PVP Attorneys must have maintained active status with the State Bar of California for each of the preceding three years and have no disciplinary proceedings pending and none filed against him/her during the preceding twelve months.

(b) Submit Application and Compliance Statement. PVP Attorneys must complete and submit the following:

(1) An Application for Appointment to the Probate Volunteer Panel.

(2) A Compliance Statement with the Application, and annually thereafter.

These forms may be obtained on-line at www.lasuperiorcourt.org, see "Probate", from the Superior Court Probate Department, located at 111 N. Hill Street, Room 258, Los Angeles, California, or by calling (213) 974-5471.

(c) Educational and MCLE Requirements.

(1) All Attorneys must complete at least twelve hours of MCLE, during his/her State Bar reporting period, in areas of decedent estates, conservatorships/guardianships or trust administration.

(2) Completion of the mandatory Probate Volunteer Panel training course(s) within one year from submission of his/her application.

(d) Professional Liability Insurance. All Probate Volunteer Panel Attorneys must carry Professional Liability Insurance with policy limits consistent with the value of the matters handled, and at a minimum an amount of $100,000 per claim and $300,000 per year.

(Rule 10.83 [previously as, 10.173.4] new and effective 1/1/08.)

10.84 PROBATE VOLUNTEER PANEL - REQUIREMENTS FOR SPECIFIC AREAS OF INTEREST

(a) General Requirements for Specific Areas of Interest. PVP Attorneys must meet the following general requirements for specific area(s) of interest:

(1) Decedent Estate and Trust Administration. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least six different probate or trust administration court proceedings, including three decedent estate or trust proceedings from inception through final account and/or order for distribution.

The Attorney must have experience and/or training in tax-related issues sufficient to enable the Attorney to identify tax issues from the facts of the case and to competently represent the client's interests concerning the potential tax consequences of the particular matter.

(2) Conservatorships and Guardianships of Estates. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least four conservatorship/guardianship of estate matters, including at least two proceedings from inception, which involve securing the appointment and qualification of the conservator or guardian of the estate.

(3) Guardianships of the Person. Prior to filing the application and within the past five years, the Attorney must have represented parties in at least four guardianship of the person matters or, in the alternative, have participated as a volunteer in a Superior Court Guardianship Clinic on a regular basis. It is suggested that the Applicant have experience in family law custody matters.

(4) Conservatorships of the Person. Prior to filing the application and within the past five years, the Attorney must have represented parties in at least four conservatorship of the person matters, including at least two proceedings from inception, which involve securing the appointment and qualification of the conservator of the person.

(5) Limited Conservatorships/Conservatorships for Adults with Developmental Disabilities. Prior to filing the application and within the past three years, the Attorney must have comprehension of the legal and medical issues arising out of developmental disabilities and an understanding of the role of the Regional Center.

(6) Estate Planning and Taxation. Prior to filing the application and within the past three years, the Attorney must have extensive experience in matters regarding estate planning, estate, gift, or income tax or related tax matters pertaining to trusts and decedent estates. The Attorney must have represented parties in at least three substituted judgment (Prob. Code, § 2580 et seq.) or particular transactions matters (Prob. Code, § 3100 et seq.)

(7) Medi-Cal Planning. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least three Probate Code section 3100 petitions, including at least two in which there was a request to increase either the Community/Spouse Resource Allowance and/or increase the Minimum Monthly Maintenance Need Allowance. The Attorney must be familiar with the laws and regulations relating to Medi-Cal eligibility, andspecifically shall be knowledgeable and up to date on the rules regarding the increase of the CSRA/MMMNA, exempt assets, gifting rules, and tax ramifications related to Medi-Cal planning.

(8) Compromises/Judgments and Special Needs Trusts for Minors/Persons with Disabilities. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least three petitions for approval of compromise under Probate Code section 3500 or Code of Civil Procedure section 372, three of which involved creation of special needs trusts. The Attorney must be familiar with the advantages and disadvantages of the various funding alternatives available under Probate Code section 3600 et seq., and with the application of MICRA to medical malpractice settlements. Applicants may be expected to appear in civil proceedings.

(9) Fiduciary Appointments/Guardians ad Litem. The Attorney must have at least ten years in practice, with recent experience serving as a fiduciary or guardian ad litem.

Warning: Professional Liability Insurance coverage may not cover an attorney who acts as a guardian ad litem or fiduciary. Although professional liability insurance is not a requirement while acting as a guardian ad litem, PVP attorneys may wish to consult their professional liability insurance carrier to determine coverage prior to accepting such appointments.

(10) Evidence Code Section 730 Experts/Referees/Special Masters. The Attorney must have at least ten years in practice, with experience serving as an Evidence Code section 730 expert, or CCP 638 referee or special master. The Applicant also must have substantial expertise in the substantive area of the law involved in the matter.

(11) Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. Prior to filing the application and within the past three years, the Attorney must have extensive experience in matters relating to medical treatment and bio-ethical issues. The Attorney must be familiar with Probate Code section 3200 or Health and Safety Code section 121365 proceedings. Because these cases often involve complex treatment issues, the Attorney is expected to become familiar with the medical parameters underlying these issues in order to adequately represent the client's interests. These cases often involve medical emergencies with complex bio-ethical issues, and may require immediate attorney response.

(b) MCLE Requirements for Specific Areas of Interest. PVP Attorneys must meet the following MCLE requirements for specific area(s) of interest:

(1) Conservators or Guardians of Estate. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Applicant's State Bar reporting period.

(2) Conservatorship of the Person. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Applicant's State Bar reporting period.

(3) Estate Planning and Taxation. The Attorney must have at least ten hours of MCLE in the areas of estate planning and taxation during the Attorney's State Bar reporting period.

(4) Limited Conservatorships/Conservatorships for Developmentally Disabled Adults. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period, and have attended the Limited Conservatorships PVP Training Program.

(5) Medi-Cal Planning. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period.

(6) Compromises/Judgments and Special Needs Trust for Minors/Incompetent Adults. The Attorney must have at least three hours of MCLE in the areas ofguardianships/conservatorships during the Attorney's State Bar reporting period.

(7) Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period.

(Rule 10.84 [previously as, Appendix E] new and effective 1/1/08.)

10.85 ETHICAL GUIDELINES

Court appointed counsel's (PVP counsel's) primary duty is to represent the interests of his/her client in accordance with applicable laws and ethical standards. The PVP attorney's secondary duty is to assist the court in the resolution of the matter to be decided. The PVP attorney must, if practical, ensure that the client is afforded an opportunity to address the court directly.

(Rule 10.85 [previously as, Appendix E] new and effective 1/1/08.)

10.86 PVP ATTORNEY APPOINTMENTS ARE PERSONAL

PVP Attorney appointments are personal and cannot be delegated. Only the panel attorney appointed by the Court may render legal services to the client and appear at the court hearing.

(Rule 10.86 new and effective 1/1/08.)

10.87 WRITTEN REPORTS AND COMPENSATION FOR COURT-APPOINTED ATTORNEYS

(a) Written Reports. Court-appointed counsel must file a written report with the Court, the report shall include a statement, verified by counsel stating:

(1) That the PVP attorney is an active member of the State Bar of California and no disciplinary actions are pending and none were filed against him/her during the past twelve months.

(2) That the PVP attorney has professional liability insurance coverage in effect with policy limits consistent with the value of the matter being handled.

(3) That the PVP attorney does not, or has not, represented any party to the proceeding, except as otherwise stated in the report. The statement must include the name of the party and a brief explanation. Note: include cases where PVP counsel represents or has represented a private professional conservator.

(b) Compensation for PVP Attorneys. Requests for compensation of court-appointed attorneys should be made as part of the written report filed with the Court or otherwise orally in Court at the hearing.

(1) If the request for compensation is for services in excess of five hours, it must be supported by a written fee declaration and served upon the appearing parties. The request for fees must contain a schedule of services rendered specifying each date, nature of the service rendered, and the time devoted to that service.

(2) The Court appointed attorney will be awarded compensation at a reduced hourly rate, except in cases involving unusual problems requiring extraordinary expertise.

(3) The Court may order the fees to be paid by the estate or party(ies) or, when authorized by statute, by the county to the extent the Court determines the person is unable to pay. A form request for the PACE county-paid compensation may be obtained from the courtroom clerk.

(4) If no court appearance is required of the Court-appointed attorney, a petition for compensation should be filed and set for hearing in the ordinary manner.

(Rule 10.87 [previously as, 10.173.1 & 10.173.2] new and effective 1/1/08.)

APPENDIX A
COMMONLY USED ABBREVIATIONS

APPENDIX B
TABLE OF INCORPORATED CITIES

APPENDIX C
LOS ANGELES SUPERIOR COURT GUIDELINES ON ATTORNEY COMPENSATION AND COSTS IN DECEDENTS' ESTATES

APPENDIX D
REQUESTING COMPENSATION FOR THE PROFESSIONAL CONSERVATOR