Riverside — Probate — verbatim text

The Probate Code
Division 5, Part 1 of the Welfare & Institutions Code, also known as the Lanterman-Petris-Short Act
Division 5, Part 8 of the Welfare & Institutions Code, as known as the Community Assistance, Recovery, and Empowerment (CARE) Act
Division 9, Part 3, Chapters 11 (Elder Abuse and Dependent Adult Civil Protection Act) or 12 (Protective Placements and Custody of Endangered Adults) of the Welfare & Institutions Code
Division 7 (Dead bodies) or 102 (Vital Records and Health Statistics) of the Health and Safety Code

B. Sanctions

Sanctions may be imposed for violation of and/or failure to comply with the local court rules.
If a party or counsel fails to comply with any of these rules, the court on motion of a party or on its own motion may: a. Strike out all or any part of any pleading of that party; or b. Dismiss the action or proceeding or any part thereof; or c. Enter a judgment by default against that party; or d. Impose other penalties of a lesser nature as otherwise provided by law.

The court may order the party, or their counsel, to pay to the moving party reasonable expenses in making the motion, including reasonable attorney fees.

No penalty may be imposed without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed.

(Adopted 4-20-18, effective 7-1-18; amended 5-7-21, effective 7-1-21; amended 6-30-23, effective 9-29-23)

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RULE 7001 VENUE

I. Geographical Locations For Filing

In all actions and special proceedings in which the alleged cause of action occurred or the subject matter of the action is located in the geographical area of the Western Region, Mid County Region or Desert Region of the Riverside County Superior Court, the documents initiating the action or special proceeding shall be filed in the relevant region at the court facility as designated in the Administrative Order – Where to File Probate Documents. The order can be located on the court’s website at http://www.riverside.courts.ca.gov/ by clicking on Local Rules under the General Information tab. Except for documents pertaining to appeals, all subsequent documents related to that action or special proceeding shall also be filed in the specified courthouse within that region. Documents pertaining to appeals shall be filed as specified in Title 8.

Self-represented litigants may visit a self-help center at any court location in the county for assistance in filing documents at the proper courthouse.

Actions and proceedings shall usually be heard in the courthouse in which they were filed or in another courthouse in the same region. For good cause, and to maximize efficient use of court resources, actions or proceedings may also be assigned for hearings in other regions.

(Adopted 11-4-11, effective 1-1-12; amended 5-13-13, effective 7-1-13)

RULE 7010 APPEARING REMOTELY AT NON-EVIDENTIARY HEARINGS

This rule only applies to non-evidentiary hearings. Non-evidentiary hearings are those in which oral testimony will not be received, such as petitions with no filed or oral objections and no deficiencies or questions in the probate notes. Evidentiary hearings, for which remote appearances are not permitted, include those for an Elder Abuse Restraining Order, Temporary Conservatorship, Temporary Guardianship, Report of Sale, or appearances required by Probate Code 1825, 1851.5, 1860.5, 1863, 1893, 2250.4, or 3141.

Unless an in-person appearance is expressly ordered by the court or otherwise required by law, attorneys and self-represented parties are encouraged to appear at hearings via remote technology rather than in person. By doing so, those persons will be deemed to have requested a remote appearance. No written request to appear remotely is necessary.

Persons intending to appear remotely shall notify all opposing parties of their intention before the hearing. That notice may be given informally, including by telephone, email, or text message. No advance notice to the court of the intention to appear remotely is required prior to the date of the hearing.

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If for any reason the court denies the request to allow a remote appearance, the hearing shall be continued to a date at which the parties will be ordered to appear in person.

This rule shall be in effect until January 1, 2027.

(Adopted 3-16-22, effective 3-21-22; amended 6-30-23, effective 7-5-23; amended 5-2-25, effective 7-1-25)

RULE 7101 PLEADINGS AND PAPERS

A. .Form 1. California Rules of Court, Title 2, Division 2, commencing with Rule 2.100 shall apply to all probate filings. 2. All exhibits shall be typewritten or printed, or prepared by a photocopying or other duplication process that will produce clear and permanent copies equally legible to printing B. Caption of Petitions 1. The caption of petitions must be all-inclusive as to the nature of the petition and relief sought so that the matter may be properly calendared and noticed and filing fees, if any, determined. LPS cases shall indicate “W&I” after the case number. 2. Attorneys are encouraged to use subheadings in the body of the petition, particularly for required allegations. 3. All petitions, applications, reports, or accounts being filed in probate proceedings, which are not prepared on the form approved and required by the Judicial Council of California, shall bear pertinent code citation(s) beneath the nature or title of the paper. 4. All documentation pertaining to a hearing shall be filed with the Clerk at least four (4) court days before the hearing. Failure to comply with this rule will be cause for a continuance. 5. All pleadings and orders shall include in the caption the date, time and department of the matter heard or shall provide a space for the Clerk to insert this information. C. Proposed Orders 1. Proposed orders or judgments in proceedings scheduled on the regular probate calendar should be presented to the Clerk’s Office upon the filing of the petition. D. Certificate of Assignment 1. The first paper filed in an action or proceeding to which the Probate Code applies must be accompanied by a certificate of assignment. The certificate must be on the local from prescribed by the court. The party who files the certificate is not required to serve the certificate on any party. The certificate is used for statistical purposes and may affect the assignment of the case to the location specified by local rule where certain types of actions or proceedings may be tried.

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(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 3-16-91, effective 7-1-91; amended 4-4-92, effective 7-1-92; amended 4- 28-06, effective 7-1-06; amended 10-21-09, effective 1-1-10; amended 10-22-10, effective 1-1-11; Moved from Title 6 and renumbered from Rule 6.0101, 8-1-11, effective 1-1-12)

RULE 7102 ISSUANCE OF SUMMONS OR CITATION

When the Probate Code provides rules of practice for proceedings, the rules in the Code of Civil Procedure do not apply. See Probate Code 1000. Consequently, when the Probate Code requires notice of hearing for a proceeding under the Probate Code, the court cannot issue a summons.

A. Summons The clerk may issue a summons using Judicial Council form DE-125 for a hearing on a petition or order to show cause under one of the following statutes:

Contest of Will under Probate Code 8250 et seq.
Revocation of Probate under Probate 8270 et seq.
Proration of Estate Taxes under Probate Code 20120 et seq.
Proration of Generation-Skipping Transfer Taxes under Probate Code 20220 et seq.

No summons can be issued for a petition under Probate Code 850 or 17200.

B. Citation without order

The clerk may issue the type of citation indicated for a hearing on a petition or order to show cause under one of the following statutes without the need for a prior court order:

Appointment of Conservator (form GC-310)., Citation for Conservatorship (form GC-320)
A Particular Transaction under Probate Code 3100 et seq., Citation – Probate (form DE-122 / GC-322)
To Require the Personal Representative to Sell Property of the Estate Probate Code 10001, Citation – Probate (form DE-122 / GC-322)

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C. Citation after order A citation for a hearing on a petition or order to show cause under one of the following statutes may only be issued if ordered by the court. The citation must be presented on Judicial Council form DE-122 / GC-322:

Examination Concerning Assets of Estate under Probate Code 2616 et seq.
Enforcement of Support of a Spouse Who Has a Conservator under Probate Code 3080 et seq.
Removal from Office under Probate Code 8500 et seq.
Discovery of Property of Decedent under Probate Code 8870 et seq.
Status of Appraisal under Probate Code 8941.
Report of Sale Concerning Partnership Property under Probate Code 10261(c).
To Settle an Account under Probate Code 11002
Compelling an Accounting under Probate Code 11051
For the Personal Representative to Appear, Show the Condition of the Estate, and Reasons Why It Cannot Be Distributed and Closed under Probate Code 12202.

(Adopted 5-5-23, effective 7-1-23)

RULE 7103 HEARINGS

A. General Probate.

1. To the extent practicable, probate matters which require a hearing will, upon
being filed with the Court, be set by the Clerk for hearing within statutorily
prescribed time periods. For a good cause shown, by oral or written
application of petitioner, the Court may authorize the Clerk to assign an
earlier hearing date.

2. Unless the will (and codicil or codicils, if applicable) shall have previously
been deposited with the clerk for safekeeping, same shall be filed with the
petition for probate unless a judge shall order otherwise.

B. Contested Matters.

Contested matters normally will not be heard on the daily calendar. Attorneys shall either (1) appear at the time scheduled for hearing, advise the Probate Judge of the contest, obtain a trial date from the Probate Judge; or (2) obtain a trial date from the Probate Judge in advance of the time scheduled for hearing.
As to will contests, trial and pre-trial rules of the Court, if any, shall apply. Counsel should inquire of the trial judge if any rules are applicable to that department.

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C. Time Limits.

1. It is the practice of this Court to enforce Probate Code time limitations for
the filing of inventory and appraisals, accountings, petitions for distribution
and other required acts by the issuance of orders to show cause re
suspension of powers and for imposition of monetary sanctions, as against
either or both the attorney and the personal representative.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0103, 8-1-11, effective 1-1-12)

RULE 7104 ELDER OR DEPENDENT ADULT ABUSE RESTRAINING ORDERS

Requests for temporary restraining orders shall be issued or denied on the same day they are received if submitted to the court by 2:00 p.m. Requests for temporary restraining orders received after 2:00 p.m. may be issued the same day if the court has time for effective review. If the request is filed too late in the date to permit effective review, the order shall be granted or denied on the next day of judicial business.

Reference: Welfare and Institutions Code 15657.03(e)

(Adopted 10-27-23, effective 1-1-24)

RULE 7106 APPROVED MATTERS AND APPEARANCES

The Probate Examiner will ordinarily review the daily probate calendar approximately ten (10) days in advance of the date of hearing, and shall indicate thereon those matters which, procedurally and jurisdictionally, are either deficient or are recommended for approval by the Court. The examiners’ notes are finalized three (3) court days before the scheduled hearing date. Petitioner or their counsel of record may retrieve Probate Notes using the Court’s Internet website.

Probate Notes are for the Court's benefit in reaching its determination and decision. Deficiencies may be rectified by filing appropriate verified supplements and/or amendments, and providing appropriate notice of hearing of those documents as required by statute or rule. Supplements and amendments not received by the examiner prior to the three (3) day finalization of notes will not be reflected in the Probate Notes reviewed

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by the Court. The Court, in its discretion, may consider such late-filed supplements and amendments.

If a matter is recommended for approval, the petitioning party or counsel may elect not to appear at the hearing. In all other instances, the petitioning party or counsel must appear at the hearing.

A petitioner or their counsel of record may contact the Probate Examiners with questions concerning Probate Notes by email at probate.examiners@riverside.courts.ca.gov. The court cannot respond to inquiries from other individuals concerning Probate Notes. The Probate Examiners cannot provide legal advice. The Clerk's office is not authorized to answer questions regarding probate notes.

RULE 7109 CONTINUANCES

A. Matters Not Approved. At the call of the calendar, if the matter is not ready for hearing, it will be continued for at least four (4) weeks, unless good cause is shown otherwise. Any matter continued two (2) times may be ordered off calendar or denied. B. Objections to Matters Recommended for Approval. At the call of the calendar if petitioner is not present and the matter has been recommended for approval by the probate examiners:

1. If objection or exception is taken to the matter, the Court shall continue the
matter to allow for the filing of written objections or exceptions and the giving
of notice thereof to petitioner, or

2. If the Court proposes to make a change in the relief prayed for, the matter
shall be continued and petitioner shall be notified of the continuance and
proposed change by the minute order.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 10-18-02, effective 1-1-03; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0105, 8-1-11, effective 1-1-12; amended 10-30-15, effective 1-1-16; amended 5-7-21, effective 7-1-21; amended 5-8-26, effective 7-1-26)

RULE 7112 LODGING OF REQUIRED DOCUMENTS FOR ACCOUNTINGS

All original documents submitted by fiduciaries in support of their Inventory and Appraisals or accountings as required by Local Rules 7129 or 7162, Probate Code 2620(c), including financial account statements, original closing escrow statements, and original residential care facility or long-term care facility bills must be lodged separately from the Inventory and Appraisal or accounting as a confidential document complying with California Rules of Court, Rule 2.100 et seq. To facilitate scanning, the document must be loosely bound

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and not stapled. The caption page for the document must be the mandated local form RI- PR060 “Financial Document(s) Cover Sheet,” and must include a statement regarding the total number of pages (including the cover sheet) submitted and a declaration by the fiduciary under penalty of perjury stating the documents attached are the originals. To facilitate return of the original document, the fiduciary must submit, at the time of filing, a self-addressed envelope with sufficient postage for mailing the documents or an attorney service pick up slip. Documents scanned by the Court shall constitute the Court's permanent record of such documents. After the documents are scanned, the Clerk is directed to return the documents to the fiduciary. The court will retain the documents in electronic form only. The fiduciary must retain the originals until the order approving the final account is final.

(Added 4-21-10; effective 7-1-10; moved from Title 6 and renumbered from Rule 6.0107, 8-1-11, effective 1-1-12; amended 11-8-14, effective 1-1-15; amended 4-30-20, effective 7-1-20)

RULE 7115 REQUESTS TO WAIVE COURT FEES AND COSTS BY A FIDUCIARY

For purposes of this rule, the following are considered appointments in a fiduciary capacity: Conservator or Guardian of the Person or Estate, Trustee of a Trust, Personal Representative of a Decedent’s Estate, or Guardian Ad Litem.

(a) A request to waive court fees and costs filed under Title 8, Chapter 2, Article 6 of the Government Code (commencing with section 68630) for a petition for appointment in a fiduciary capacity will be based on the personal financial condition of the petitioner in their own individual capacity.

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(b) After a party has been appointed in a fiduciary capacity by order of the court, the person whose financial condition will be considered in a request to waive court fees and costs is that of the person or estate that the fiduciary represents and not the personal financial condition of the fiduciary in their own individual capacity. If the fiduciary capacity is that of a Trustee or a Personal Representative, requests to waive court fees and costs based on eligibility under Government Code § 68632(a) and (b) shall not apply. This rule will continue to apply after a fiduciary is removed or resigns until the court makes an order discharging the fiduciary.

(c) The court may reconsider a waiver granted under subsection (a) of this rule after the petition for appointment is granted based on the financial condition of the person or estate that the appointed fiduciary represents under Government Code 68636 and 68637.

(d) The court may deny a pending request or set a hearing to reconsider a granted request for an initial fee waiver filed pursuant to Government Code 68630 et seq. or a finding of hardship pursuant to Probate Code 1513.1 or 1851.5 based on the receipt of SSI or Medi-Cal benefits if the court finds that the recipient of the SSI or Medi-Cal benefits is also the beneficiary of a trust described in 42 U.S.C. 1396p(d)(4), commonly known as a special needs trust, and the trust holds liquid assets in excess of $20,000.00.

(Added 5-4-11, effective 7-1-11; moved from Title 6 and renumbered from Rule 6.0108, 8-1-11, effective 1-1-12; amended 4-24-14, effective 7-1-14; amended 5-7-21, effective 7-1-21)

RULE 7118 PROBATE APPOINTED COUNSEL

A. GENERAL ELIGIBILITY REQUIREMENTS 1. As provided in the California Rules of Court, Rule 7.1104, in addition to the requirements set forth in Rule 7.1101 et seq., counsel appointed by the court must meet the requirements for each specific area(s) of interest selected from the following: a) Conservatorships. To represent a conservatee in a conservatorship proceeding, an attorney must satisfy the requirements of California Rules of Court, Rule 7.1103. b) Guardianships. To represent a ward in a guardianship proceeding, an attorney must satisfy the requirements of California Rules of Court, Rule 7.1102. c) Probate Code 3101. To represent parties in proceedings under Probate Code 3101, an attorney must be familiar with the laws and regulations for Medi-Cal eligibility, including the rules regarding the increase of the Community Spouse Resource Allowance or the minimum monthly maintenance needs allowance, exempt assets, gifting rules, special needs trusts under 42 U.S.C. 1396p(d)(4)(a) and (c), and tax and estate planning ramifications related to Medi-Cal planning. An attorney must also satisfy the requirements of California Rules of Court, Rule 7.1103.

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d) Probate Code 3600 / CRC 7.903 Trusts. To represent a party in a proceeding under Probate Code 3600 or to establish or fund a trust that is subject to California Rules of Court, Rule 7.903, an attorney must be familiar with the laws and regulations for eligibility for Supplemental Security Income (SSI) and Medi- Cal, including income and asset limits, exempt assets, special needs trusts under 42 U.S.C. §1396p(d)(4)(a) and (c), and ABLE accounts. The attorney must also be familiar with the application of MICRA to medical malpractice settlements. The attorney must also satisfy the requirements of California Rules of Court, Rule 7.1102 or 1103. e) Fiduciary Appointments / Probate Code 9252(c) / Guardians ad Litem. To serve in a fiduciary capacity, represent an estate under Probate Code 9252(c), or serve as a guardian ad litem, an attorney must have at least five years of experience in the practice of California law representing fiduciaries in court proceedings, or serving as a fiduciary or guardian ad litem in court proceedings. The relevant experience must include at least five different court proceedings within five years prior to the date of the attorney’s application. f) Health Care Decisions for Adults Without Conservators. To represent a party in a proceeding under Probate Code 3200 et seq., an attorney must satisfy the requirements of California Rules of Court, Rule 7.1103. 2. Proof of compliance with the requirements set forth in this rule shall be provided using a mandatory local form filed as an attachment to Judicial Council form GC- 011, and shall be filed in the same court location where proceedings under Welfare and Institutions Code section 5350 et seq. are filed. B. COMMUNICATION WITH THE CLIENT 1. Subsection B of this rule shall apply to all counsel appointed by the court in a matter under the probate code either as guardian ad litem for a party or as counsel for a proposed ward, ward, proposed conservatee, conservatee, or spouse or registered domestic partner. This subsection shall not apply to cases where counsel is appointed to represent a ward after appointment of a guardian at a hearing solely relating to an annual guardianship status report.

Counsel shall establish and maintain a meaningful and professional attorney- client relationship by having sufficient communication with the client. This communication shall be directly with counsel, and not through non-attorney staff.

a) The attorney is expected to establish the attorney-client relationship by an in-person meeting with the client prior to the date of the hearing.

b) The attorney is expected to confer with the client prior to the date of each subsequent court hearing.

(Adopted 10-19-12, effective 1-1-13; amended 4-28-17, effective 7-1-17; amended 5-7- 21, effective 7-1-21; amended 11-4-22, effective 1-1-23)

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(b) PROBATE REFEREES AND INVENTORIES

RULE 7120 PROBATE REFEREES

A. Appointment

1. The appointment of probate referees shall be on a rotational basis. No
deviation in appointment rotation shall be authorized or permitted without
prior written approval of the Court for good cause shown.

2. Whenever the appointment is not effected on the order for probate, the
appointment of a probate referee may be accomplished by ex-parte
application delivered to the Clerk's Office.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; deleted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0601, 8-1-11, effective 1-1-12)

RULE 7126 KINDS OF INVENTORIES

A. Complete Inventory. An inventory entitled "Inventory and Appraisal ( ) Complete" will be deemed to be a full inventory of all the known assets of an estate, valued as of the date of death. All items specifically bequeathed (and in existence at the date of death) must be separately listed in the inventory.

B. Partial Inventory. If the inventory and appraisal covers only a portion of the known assets of an estate, it shall be entitled "Inventory and Appraisal ( ) Partial No..."

C. Final Inventory. The final inventory and appraisal will be deemed to be the last of the partial inventories and shall be entitled "Inventory and Appraisal ( ) Final."

D. Supplemental Inventory. If property is newly discovered or received after the filing of what was thought to be a complete or final inventory and appraisal, it shall be entitled "Inventory and Appraisal ( ) Supplemental."

E. Amended/Corrected Inventory. If the inventory and appraisal is filed to correct an error in one previously filed, it shall be entitled "AMENDED/CORRECTED Inventory and Appraisal (proper block to be checked). "It should show the total inventory amount as amended. This may result in a change in the date-of-death valuation and may have an effect on the computation of death taxes, if any, and statutory compensation. The entire inventory and appraisal shall be restated, not just the items being changed or corrected. An amendment to an inventory shall not be filed.

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F. Reappraisal Inventory. A reappraisal of realty as of a current date for sale purposes shall be entitled "Inventory and Appraisal ( ) Reappraisal for Sale. "Such reappraisal has no effect on date of death values. A reappraisal need not be signed by the personal representative.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0603, 8-1-11, effective 1-1-12)

(c)

MISCELLANEOUS PROBATE PETITIONS, NOTICES AND ORDERS

RULE 7129 DECLARATION RE: ASSET RECEIVED ON INVENTORY AND APPRAISAL

A. When a minor, conservatee, or decedent’s estate receives an asset as the heir or beneficiary of a decedent’s estate, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order of Partial or Final Distribution, Spousal or Domestic Partner Property Order, Affidavit re Real Property of Small Value, Order Determining Succession to Real Property, or Affidavit for Collection or Transfer of Personal Property from the decedent’s estate.

B. When a minor or conservatee receives an asset that was the subject of an order under Probate Code 3600 et seq., the guardian or conservator who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the order under Probate Code 3600 et seq.

C. When a minor, conservatee, or decedent’s estate receives proceeds as the beneficiary of a life insurance policy, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the check received from the life insurance company.

D. When a minor, conservatee, or decedent’s estate receives an asset as the heir or beneficiary of a deceased conservatee or ward, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order that requires distribution of the asset from the estate of the deceased conservatee or ward.

E. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes property to be appraised by the guardian or conservator or personal representative pursuant to Probate Code 2610(a) and / or Probate Code 8901(c) and (d), they shall concurrently lodge in the manner provided in Local Rule 7112 the following:

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For accounts at a bank or other financial institution, account statements as defined in Probate Code 2620(c)(1) for each account showing the account balance as of the date of appointment of the guardian or conservator or the decedent’s date of death. Submitting an account statement pursuant to this rule satisfies the requirement to file the statement pursuant to Probate Code 2620(c). Any variation between the statement and the balance reflected in the inventory or account that is not otherwise readily understandable from the statement shall be explained by a declaration filed with the lodged documents.
1. For checks, a copy of the check.

F. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes a parcel of real property in California, they shall lodge concurrently with the filing of the Inventory and Appraisal a copy of the deed(s) by which the decedent acquired title to the property. The deed(s) shall be lodged in the manner provided in Local Rule 7112.

(Adopted 11-4-11, effective 1-1-12; amended 4-24-14, effective 7-1-14; amended 11-8- 14, effective 1-1-15; amended 4-30-20, effective 7-1-20; amended 5-7-21, effective 7-1- 21)

RULE 7130 APPLICATIONS FOR EX-PARTE ORDERS

A. General. All ex-parte matters shall be submitted to the Probate Department.

B. Special Notice. Petitions for ex-parte orders must contain an allegation that no special notice has been requested or that any such notice has been waived (stating the person requesting such notice); any such waivers must accompany the petition.

C. Specifically Bequeathed Property. Petitions for sale of stock or personal property must allege whether the property is specifically bequeathed. If the property is so bequeathed, the consent of the beneficiary must accompany the petition.

D. Applications for Ex-Parte Orders. All applications for ex-parte orders must be accompanied by a separate order complete in itself and shall be presented to the clerk. It is not sufficient for such an order to provide merely that the application has been granted, or that the sale of property as set forth in the petition has been approved. Since no testimony is taken in connection with ex-parte petitions, the petition must contain all facts essential for the granting of the prayer.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-4-92, effective 7-1-92; amended 10-17-98, effective 1-1-99; amended 4- 28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0701, 8-1-11, effective 1-1-12)

RULE 7131 CONFIDENTIAL FILING OF TERMS OF THE TRUST

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Where notice is required to be given pursuant to Probate Code § 1208(b) such as where a trust is a beneficiary of a decedent’s estate, the petitioner shall file separately from the petition as a confidential document a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. The confidential document shall be filed using the court’s mandatory local form RI-PR058 – Trust Documents Coversheet – Confidential – as the cover page. The confidential document shall not be released to any party absent a prior order of the court.

(Adopted 10-15-13, effective 1-1-14; amended 11-8-14, effective 1-1-15)

RULE 7132 FRAUD PREVENTION

A. Notice Mailed to Real Property Addresses

In addition to the notice required under the Probate Code, a petitioner under Probate Code 8000 et seq. (Petition for Probate, form DE-111), Probate Code 13150 et seq. (Petition to Determine Succession to Real Property, form DE-310), or Probate Code 13650 et seq. (Spousal or Domestic Partner Property Petition, form DE-221) shall also mail notice in the same manner as is required for the petition to the address of any real property where the petitioner knows or has reason to know that title to all or part of the property is held in the name of the decedent. If mail is not received at the address of the real property (e.g. vacant land), the notice shall be mailed to the mailing address indicated in the county assessor’s records for the property.

B. Vesting Deed Attached to Petition

Any petitioner under Probate Code 13150 et seq. (Petition to Determine Succession to Real Property, form DE-310), or Probate Code 13650 et seq. (Spousal or Domestic Partner Property Petition, form DE-221) requesting an order concerning title to real property held in whole or in part by the decedent shall attach to the petition a copy of all deeds by which the decedent acquired title.

C. Diligent Search for Intestate Heirs

A petitioner filing a petition under Probate Code 8000 et seq. (Petition for Probate, form DE-111), Probate Code 13150 et seq. (Petition to Determine Succession to Real Property, form DE-310), or Probate Code 13650 et seq. (Spousal or Domestic Partner Property Petition, form DE-221) shall attach to the petition a printout of the results of an internet search on legacy.com and also on either findagrave.com or dignitymemorial.com. If the website does not produce a result related to the decedent, the listing of results shall be attached. The search on each website shall be conducted as follows:

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legacy.com/search Enter the first and last name of the decedent, State of residence, and the date range of “All.” Click the “Search” button. For the entry related to the decedent, select “View Obituary” and “Read more”. If the obituary refers to a website, search for an obituary on that website.

findagrave.com Enter the first and last name of decedent, year born, year died, and State of cemetery location. Select the entry related to the decedent.

dignitymemorial.com/obituaries Enter the first and last name of the decedent, click “search,” and select the appropriate decade under “date of birth,” and the “State or Province” of decedent’s residence. Select the entry related to the decedent.

D. Bond

If a petition under Probate Code 8000 et seq. (Petition for Probate, form DE-111) alleges that the decedent died without a spouse, issue, parents, or issue of parents surviving them, before the court will find that a bond is not required pursuant to Probate Code 8481(a) the court must first make both of the following findings: 1. The petition demonstrates that the estate has the ability to pay for the expenses of a guardian ad litem appointed by the court for unidentified heirs of the decedent to locate the unidentified heirs. 2. The court has appointed a guardian ad litem for the unidentified heirs of the decedent, and the guardian ad litem has completed a diligent search for the heirs of the decedent and has filed the result of this investigation and served it on the petitioner and all known heirs of the decedent.

(Adopted 4-30-20, effective 7-1-20; amended 10-27-23, effective 1-1-24)

RULE 7133 PETITION FOR AUTHORITY TO OPERATE BUSINESS

The petition shall set forth sufficient facts for the Court to determine the advisability of the continuance of the business and the parties to whom notice of the hearing should be given. Ordinarily, the Court will require that at least fifteen (15) days notice of the hearing be given to the five (5) largest creditors of the estate, in addition to the notice required under Probate Code Section 1220.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; Moved from Title 6 and renumbered from Rule 6.0703, 8-1-11, effective 1-1-12)

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RULE 7136 MISCELLANEOUS PROVISIONS CONCERNING ORDERS

A. Material Required in Probate Orders.

1. All orders in probate matters must be complete in themselves in that they
shall set forth all matters actually passed on by the Court, the relief granted,
the names of persons and descriptions of property affected with the same
particularity required of judgments in civil matters. Orders settling accounts
must also contain a statement as to the balance of the estate on hand,
specifically noting the amount of cash included in said balance.
2. It is the duty of the Court, upon distribution, to determine whether a valid
trust has been created by a will, to determine the scope and terms of the
trust, and to order distribution of the trust property to the trustee. Since the
decree of distribution supersedes the will, the terms of the trust shall be
incorporated in the decree in such manner as to give effect to the conditions
existing at the time distribution is ordered.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amend. 10-17-98, effective 1-1-99; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0706, 8-1-11, effective 1-1-12)

RULE 7139 PROBATE CODE SECTION 850 PETITIONS

A. Any Petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice pursuant to Probate Code section 851.

B. For any Petition under Probate Code section 850(a)(3)(B), the parties entitled to notice pursuant to Probate Code section 851(b) shall include the following:

1. The parties entitled to notice under Probate Code section 851(b)(1) shall include
the following:

a) If a will and any codicil has been conclusively admitted to probate in the
State of California within the meaning of Probate Code sections 8226 and
8007, to all beneficiaries mentioned in that will and codicil.
b) If a court in the State of California has ordered appointment of an
administrator and if the later of the following time periods has elapsed: (1)
one hundred twenty (120) days after such appointment of administrator
and (2) sixty (60) days after proponent of a Will first obtains knowledge of
the Will, to all heirs at law.
c) If a court in the State of California has made an order determining
entitlement and the order is final within the meaning of Probate Code
section 11705, to all heirs or beneficiaries identified in the order.
d) If none of (a) or (b) or (c) applies, then to all beneficiaries mentioned in
every known Will, whether admitted to probate or not, to all beneficiaries
mentioned in every known Codicil, whether admitted to probate or not,
and to all heirs at law.

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The parties entitled to notice under Probate Code section 851(b)(3) shall include each person listed in section 17203.

C. For any Petition under Probate Code section 850 that concerns a lease of land held by the Bureau of Indian Affairs, the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the Bureau of Indian Affairs. D. For any Petition under Probate Code section 850 that concerns an asset which is subject to the Employee Retirement Income Security Act (ERISA--29 USC sections 1001 et seq.) and which is held by an institution defined in Probate Code section 2890(c) or by a financial institution defined in Probate Code section 2892(b), the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the financial institution.

(Adopted 5-4-12, effective 7-1-12)

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(d.) SALES

RULE 7140 REAL PROPERTY SALE - BROKER'S COMMISSION

Where more than one broker is involved, petitioner shall indicate the manner in which the commission is to be allocated if agreed upon between the brokers. No commission shall be paid to a broker who is a buyer or related to the buyer within the 2nd degree.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0903, 8-1-11, effective 1-1-12)

RULE 7142 SALE OF SPECIFICALLY DEVISED PROPERTY

Notice of time and place of hearing of the return of sale must be given to the specific devisee of the property if the sale is for abatement, otherwise their consent must be filed prior to hearing on the return.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90 amended 10-17-98, effective 1-1-99; Moved from Title 6 and renumbered from Rule 6.0904, 8-1-11, effective 1-1-12; amended 5-7-21, effective 7-1-21)

RULE 7143 WRITTEN OVERBIDS

At the hearing on confirmation of sale at which an overbid is accepted, a written overbid is required to be filed with the Court by the successful bidder.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0905, 8-1-11, effective 1-1-12)

RULE 7145 PERSONAL PROPERTY MUST BE APPRAISED BEFORE SALE

Sales of securities will not be approved under Probate Code 10200 et seq., sales of personal property under Probate Code 10250 et seq., unless the property has been appraised. A reappraisal for sale will be required if the personal property has not been appraised within one year prior to the date of the confirmation hearing, unless the courtdispenses with such reappraisal. When necessary, a partial inventory and appraisal may be filed for this purpose.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0906, 8-1-11, effective 1-1-12)

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(e) ACCOUNTS, FEES, AND DISTRIBUTIONS

RULE 7150 TAXES

Petitions for preliminary or final distribution shall contain an allegation that all real or personal property taxes, current federal and California income taxes, and all federal and California estate taxes have been paid or that such estate taxes have been adequately secured to the satisfaction of the Internal Revenue Service.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1007, 8-1-11, effective 1-1-12; amended 4-24-14, effective 7-1-14)

RULE 7153 OVERHEAD COSTS

In decedent’s estate administration cases, statutory fees or commissions are intended to cover all expenses incurred to carry out the ordinary duties of a personal representative that would be considered business overhead, including duplication of documents, long distance telephone calls, postage charges, and travel costs. Therefore, the Court will only allow reimbursement for these costs in extraordinary circumstances, such as those incurred to render services that could be the subject of a request for extraordinary fees or commissions.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amend. 10-21-89, effective 1-1-90; amended 4-4-92, effective 7-1-92; Moved from Title 6 and renumbered from Rule 6.1010, 8-1-11, effective 1-1-12; amended 4-2-18, effective 7-1-18)

RULE 7156 NOTICE TO INDIAN TRIBE

(a) Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be mailed to the Indian tribe of the minor or conservatee at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist: (1) The guardianship or conservatorship estate includes money received from the minor or conservatee’s Indian tribe, property acquired with that money, or revenue or profit from that money or property. (2) The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.

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(b) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service.

(Adopted 5-4-12, effective 7-1-12)

RULE 7158 ACCOUNTING FOR CASH

A. Transfers Between Cash Accounts. Transfers of cash between accounts as defined in Probate Code § 21 or money market mutual funds as defined in subdivision (b) of Probate Code §9730 shall not be reported in the detailed schedules required by Probate Code §1062(a) (receipts), (b) (disbursements), (d) (calculation of gains or losses on sale or other disposition), or Probate Code § 1063(b) (purchases or other changes in the form of assets).

B. Totals for Gains and Losses. Each detailed schedule required by Probate Code § 1062(d) (calculation of gains or losses on sale or other disposition) shall contain a calculation of the total of the sales price column of the schedule.

C. Total for Purchases. Each detailed schedule required by Probate Code § 1063(b) (purchases or other changes in the form of assets) shall contain a calculation of the total of the column of the schedule providing the purchase price of the assets. Items that are not purchased or sold in exchange for cash shall not be included in this total.

D. Cash Reconciliation. The Probate Examiner’s notes shall include language if court staff cannot verify the ending cash on hand by calculating a cash reconciliation. The process for calculating a cash reconciliation is as follows:

1. Add either the cash on hand from the prior accounting or if there is no prior
accounting the total of attachment 1 and all accrued dividends from
attachment 2 from all Inventory and Appraisals,
2. Add the receipts,
3. Add the total sales price from the detailed schedules required by Probate
Code § 1062(d) (calculation of gains or losses on sale or other
disposition),Subtract the disbursements,
4. Subtract the distributions of cash, and
5. Subtract the total of the column of the schedule required by Probate Code
§ 1063(b) (purchases or other changes in the form of assets) providing the
purchase price of the assets purchased or sold in exchange for cash.

(Adopted 4-24-14, effective 7-1-14)

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RULE 7160 ACCOUNTING FOR RESERVE

If an order for final distribution of an estate of a decedent, ward, conservatee or trust includes a reserve of more than $1,500, an accounting of the reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295 or GC-395). If the reserve amount is $10,000 or more, the Ex Parte Petition for Final Discharge shall be set for hearing, and notice of hearing shall be given in the same manner as is required for an accounting.

(Adopted 11-8-14, effective 1-1-15)

RULE 7162 DOCUMENTS FILED IN SUPPORT OF ACCOUNTINGS

A. Along with each court accounting or request to waive or dispense with an accounting, the filing party filing the accounting shall also file the following supporting documents in the manner provided in Probate Code 2620 and Local Rule 7112:

Original closing escrow statement received showing the charges and credits for any sale of real property of the estate.
All account statements as defined in Probate Code 2620(c)(1) showing the account balance as of the closing date of the accounting period of the court accounting. If the accounting is the first court accounting filed by the party and the party has not filed a Final Inventory and Appraisal with the supporting documents required by Local Rule 7129, the party shall also provide to the court all account statements showing the account balance immediately preceding the start date of the accounting. This subsection shall not apply to requests to waive or dispense with an accounting.

(Adopted 4-30-20, effective 7-1-20, amended 5-7-21, effective 7-1-21; amended 10-27- 23, effective 1-1-24)

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DIVISION 2 DECEDENT’S ESTATES

(a)

GENERAL PROCEDURE AND POLICY

RULE 7200 FILING OF COPY OF DEATH CERTIFICATE

A copy of the decedent’s death certificate, with the decedent’s social security number redacted, shall be filed with any Petition for Probate (Probate Code 7000 et seq), Petition to Determine Succession to Real Property (Probate Code 13150 et seq) or Spousal Property Petition (Probate Code 13500 et seq).

(Adopted 10-30-15, effective 1-1-16)

RULE 7201 NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL

(a) A petitioner who files a petition for letters of administration, letters of administration with will annexed, probate of will and for letters testamentary, to determine succession to real property, or a spousal property petition must comply with this rule if either of the following is true:

(1) The petition requests a finding that the decedent died intestate when a will and/or codicil has been lodged as an original with the court or a copy of a will and/or codicil has been otherwise filed with the court.

(2) The petition requests probate of or distribution under a will and/or codicil, and a different will and/or codicil has been lodged as an original with the court or a copy has otherwise been filed with the court.

(b) The petitioner shall serve a copy of the rejected will and/or codicil attached to Local Form RI-PR070 on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.

(1) The petition requests probate of or distribution under a will that purports to have been executed after the date of rejected will and/or codicil and that expressly revokes all prior wills. (2) The petition is for letters of administration or distribution under intestate succession and the rejected will and/or codicil provides for distribution that isidentical to intestate succession and does not appoint a party other than petitioner to serve as executor.

(Adopted 10-30-15, effective 1-1-16)

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RULE 7202 SPECIAL ADMINISTRATION

A. Before the court will appoint a special administrator, a petition for appointment of an administrator, administrator with will annexed, or executor must be filed and set for hearing unless the sole power of the special administrator is to do one or more of the following:

Prosecute an application for Medi-Cal benefits for the decedent.
Prosecute a civil action for wrongful death of the decedent.

B. Preliminary or final distribution of an estate cannot be made or ordered if letters have not issued to an administrator, administrator with will annexed, or executor.

(Adopted 5-10-24, effective 7-1-24)

RULE 7203 REQUEST FOR BOND WAIVER

In all cases where a waiver of bond is being requested, the petitioner must submit a declaration using mandatory local form RI-PR069 which provides the following information: (1) An estimate of any federal, state, or county tax liabilities of the estate; (2) An estimate of the total maximum potential liability of the estate to any known or reasonably-ascertainable potential unsecured creditors of the estate, including known contingent liabilities; (3) Whether the estate is expected to be solvent; (4) The name and address of any known or reasonably-ascertainable potential unsecured creditors of the estate, including known contingent liabilities; and (5) A detailed description of the efforts taken to obtain the information required by this rule.

(Adopted 4-24-15, effective 7-1-15; amended 10-30-15, effective 1-1-16)

RULE 7204 CONFIDENTIAL FORMS

A. CONFIDENTIAL SUPPLEMENT TO DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE(S) The Confidential Supplement to Duties and Liabilities of the Personal Representatives(s) Judicial Council Form DE-147(S) must be submitted by each personal representative and must contain the personal representative’s date of birth and driver’s license number. This form shall be filed as confidential and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality.

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B. NOTICE TO DEPARTMENT OF HEALTH CARE SERVICES

The optional local form for Notice to the Department of Health Care Services (RI-PR036) contains the decedent’s social security number. Consequently, the form shall be filed as confidential, and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality.

C. NOTICE TO VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD

The optional local form for Notice to the Victim Compensation and Government Claims Board (RI-PR039) contains the date of birth of the heirs and/or beneficiaries of the decedent’s estate. Consequently, the form shall be filed as confidential, and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality.

D. NOTICE TO FRANCHISE TAX BOARD

The optional local form for Notice to the Franchise Tax Board (RI-PR038) contains the decedent’s social security number. Consequently, the form shall be filed as confidential, and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality.

(Adopted 10-22-10, effective 1-1-11; Moved from Title 6 and renumbered from Rule 6.0207, 8-1-11, effective 1-1-12; amended 4-29-16, effective 7-1-16)

RULE 7205 SPOUSAL PROPERTY ELECTIONS

Any written election under Probate Code section 13502 must include a declaration under penalty of perjury by the electing surviving spouse or registered domestic partner, or by the personal representative, guardian, or conservator of their estate acknowledging the following:

That the alternative procedures available pursuant to Probate Code sections 13540, 13541, 13545, 13600, and 13650 have been considered; and
That inclusion of the property in the administration of the decedent’s estate could result in probate fees, personal representative commissions, and attorney fees that are higher than if an alternative procedure was used.

(Adopted 10-19-12, effective 1-1-13; amended 5-7-21, effective 7-1-21)

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(b) SMALL ESTATE PROCEEDINGS

RULE 7210 SMALL ESTATE WITHOUT ADMINISTRATION SUCCESSION PETITIONS SPOUSAL PROPERTY PETITIONS DEPOSIT OF WILL

(a) If an Affidavit re Real Property of Small Value (Probate Code 13200), Petition to Determine Succession to Real Property (Probate Code 13150 et seq) or Spousal Property Petition (Probate Code 13500 et seq) is based upon the decedent’s will or codicil, the original will or codicil shall be deposited with the court prior to or concurrent with the filing of the affidavit or petition. A copy of the will or codicil shall also be attached to the affidavit or petition at the time of filing.

(b) The original will shall be deposited with the court pursuant to Probate Code Section 8200.

(c) If the original will has been deposited with a foreign jurisdiction, a certified copy of the will shall be filed as an attachment to the affidavit or petition.

(d) If the original will is lost, a copy of the lost will or a document setting forth the terms of the lost will shall be filed as an attachment to the affidavit or petition. The attachment must clearly indicate that the original will is lost, and shall be accompanied by a declaration addressing the presumption of revocation under Probate Code 6124.

(Adopted 10-26-07, effective 1-1-08; Moved from Title 6 and renumbered from Rule 6.0403, 8-1-11, effective 1-1-12; amended 10-30-15, effective 1-1-16; amended 11-5-21, effective 1-1-22)

RULE 7215 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE

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

(a) If the decedent died testate, a statement using mandatory local form RI-PR076 identifying that the decedent died testate and an executed copy of the will; or (b) If the decedent died intestate, a statement using mandatory local form RI-PR076 identifying the relationship of the heir(s) that establishes the affiant’s claim to entitlement.

(Adopted 4-24-15, effective 7-1-15; amended 4-29-16, effective 7-1-16; amended 5-3-19, effective 7-1-19)

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RULE 7220 PAYMENT OF INTEREST ON FUNERAL AND INTERMENT CLAIMS

When accrued interest has been paid in connection with the delayed payment of claims for the reasonable costs of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken setting forth the reasons for credit for payment of interest where the delay in payment of the claims is not justified by the facts set forth. Interest for funeral and interment claims will be allowed only as provided by Health and Safety Code Section 7101, and will be separately set forth.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; Moved from Title 6 and renumbered from Rule 6.0804, 8-1-11, effective 1-1-12)

RULE 7230 WAIVER OF ACCOUNT

Any waiver of account presented under Probate Code 10954 shall be filed using the mandatory local form RI-PR056 – Waiver of Accounting.

(Adopted 11-8-14, effective 1-1-15)

DIVISION 3

GUARDIANSHIPS

RULE 7301 RELATIVE AND NON-RELATIVE GUARDIANSHIPS OF THE PERSON AND/OR ESTATE

A. Guardianship of the Person

Upon filing of a petition for appointment of guardian of the person or petition for termination of guardianship of the person, the petitioner or the petitioner's attorney shall furnish to the Clerk a completed copy of the following local forms: One form for each Guardian/Parent: Social History of Guardian / Parent, Local Form RI-PR092 Employment Verification and Consent, Local Form RI-PR093 Three forms for each Guardian/Parent: Character Reference Questionnaire, Local Form RI-PR094 One form for each Minor: Social History of Minor, Local Form RI-PR095 School Report, Local Form RI-PR096
When a referral is made to the Riverside County Department of Public Social Services under Probate Code 1513(b), the investigation otherwise required by Probate Code section 1513(a) for a proposed guardian who is a relative is waived unless ordered by the court.

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If the surviving parent(s) has not been personally served with a copy of a petition for appointment of guardian in the proceeding and does not appear at any hearing on a petition for appointment of guardian of the person, the petitioner shall file with the court a certified informational copy of the birth certificate for the proposed ward unless this requirement is waived by the court. The clerk shall file the birth certificate as a confidential document that is only available to the court absent a court order releasing the document. After imaging, the clerk shall forward the original to the local police or sheriff’s department with jurisdiction over the residence of the proposed guardian. The police or sheriff’s department shall check with the National Crime Information Center Missing Person System to ascertain whether the child has been reported missing or is the victim of an abduction and shall report the results of the check to the court.

B. Guardianship of the Estate

When a petition requests appointment of a guardian of the estate only, the investigation otherwise required by Probate Code section 1513 is waived unless ordered by the court.

C. Confidentiality

1. The Character Reference Questionnaire, Local Form RI-PR094, and School
Report, Local Form RI-PR096 are used by the court and / or by the Riverside
County Department of Public Social Services to prepare reports under Probate
Code 1513 or as ordered by the court. The forms and the information contained
on the forms are confidential. They shall only be made available to persons
who have been served in the proceedings or their attorneys. The clerk of the
court shall make provisions to limit access to these documents exclusively to
persons entitled to receipt.

2. The Employment Verification and Consent, Local Form RI-PR093, DPSS –
Guardianship Information Sheet, Local Form RI-PR109, DPSS / CPS Referral
(Internal Local Form PR-DPSSREF1513B), Social History of Guardian / Parent,
Local Form RI-PR092 and Social History of Minor, Local Form RI-PR095 are
used by the court and / or by the Riverside County Department of Public
Social Services to prepare reports under Probate Code 1513 or as ordered by the
court. The forms contain personal identifiers and are confidential. They shall not be
released to any party or their attorney absent a court order. The clerk must maintain
these forms in a manner that will protect and preserve their confidentiality.

3. The information on the Confidential Cohabitant Screening Form, Local Form
RI-PR040 is used by the court and by persons or agencies designated by the
court to supervise the placement and care of minors under guardianship. The
form and the information obtained on the form are confidential and shall not be
released to any party or their attorney absent a court order. The clerk must
maintain these forms in a manner that will protect and preserve their
confidentiality.

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The results of the screening by the Riverside County Department of Public Social Services required by Probate Code 1516 are confidential. They shall only be made available to court-appointed counsel for the ward, or the person who is the subject of the screening results or their attorney. The clerk of the court shall make provisions to limit access to the results exclusively to persons entitled to receipt.
1. Confidential information from the California Law Enforcement Telecommunications System obtained by the Probate Investigator to complete the investigation required by Probate Code 1513(a) shall be in a separate attachment to the investigation report. It shall only be made available to court- appointed counsel for the ward, or the person who is the subject of the screening results or their attorney. The clerk of the court shall make provision to limit access to the results exclusively to persons entitled to receipt.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-4-92, effective 7-1-92; amended 10-30-99; effective 1-1-00; amended 4- 28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1101, 8-1-11, effective 1-1-12; amended 10-3-15, effective 1-1-16; amended 10-26-18, effective 1-1- 19; amended 5-7-21, effective 7-1-21; amended 5-5-23, effective 7-1-23’ amended 5-8- 26, effective 7-1-26)

RULE 7303 DUTIES OF GUARDIAN - LIABILITY OF PARENTS TO SUPPORT CHILD

As parents are required by statute to support their children, the Court will not permit guardianship funds to be used for the minor's maintenance where one or both parents are living, except upon a showing of the parents' financial inability or other circumstances which would justify the Court in departing from this rule in the best interests of the minor.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; Moved from Title 6 and renumbered from Rule 6.1103, 8-1-11, effective 1-1-12)

RULE 7306 GUARDIAN'S ACCOUNTS

Where a guardian accounts for the assets of more than one minor, an accounting for each minor must be set forth separately.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1104, 8-1-11, effective 1-1-12)

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RULE 7309 ESTABLISHING CHILD SUPPORT ORDERS IN A GUARDIANSHIP CASE (PROBATE CODE SECTION 1500 ET. SEQ. AND FAMILY CODE SECTION 3950, 4000 AND 17400 ET. SEQ.)

When the Appointment of a Guardian is granted in a Probate proceeding and the Guardian seeks to establish child support orders, the Guardian shall petition the court by filing a Request for Order using the mandatory Family Law Judicial Council Form with all supporting attachments in the existing Guardianship case. A hearing shall be scheduled in the family Law Department to address child support issues.

If an Income and Expense Declaration is filed by the guardian, the declaration shall report the income and expenses of the minor and need not report the income and expenses of the guardian.

(Adopted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1106, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 10-19-12, effective 1-1-13)

RULE 7311 CONFIDENTIAL GUARDIANSHIP STATUS REPORTS

(a) If a guardian is required to file a confidential guardianship status report and an adult has moved into the child’s home after the guardianship was established, in addition to the mandatory Judicial Council form the guardian shall file a confidential local form. The form shall provide the date of birth, driver’s license number, and social security number of each adult who has moved into the child’s home after the guardianship was established.

(b) The form required by this section and the information contained on the form are confidential. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.

(c) The clerk shall obtain State summary criminal information, as defined in Penal Code section 11105, concerning each adult who is indicated on the form filed pursuant to this rule and shall provide the information to the judicial officer who is reviewing the guardianship status report.

(Adopted 5-13-13, effective 7-1-13)

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DIVISION 4 CONSERVATORSHIPS

RULE 7400 REQUIRED EDUCATIONAL PROGRAM FOR NON-PROFESSIONAL CONSERVATORS

a. Each proposed conservator shall attend the educational program for non- professional conservators provided by the court pursuant to Probate Code section 1457 before the hearing on the petition for their appointment as a conservator. A conservator who resides outside of Riverside County may make arrangements to attend an equivalent program at a Superior Court in another county in California where available. The proposed conservator shall file written proof of attending the educational program at least four court days prior to the hearing.

b. If a proposed conservator fails to meet these requirements, the court may continue or deny the petition for appointment, or make other appropriate orders. If the proposed conservator has been appointed as temporary conservator and fails to meet these requirements, the temporary conservator must attend the hearing on the petition for appointment as conservator. If the temporary conservator fails to attend the hearing or fails to show good cause why they failed to attend the educational program, the court may suspend the powers of the temporary conservator, terminate the temporary conservatorship, deny or continue the petition for appointment of conservator, or make other appropriate orders.

c. This rule does not apply to a trust company as defined in Probate Code section 83, a public guardian as defined in Government Code section 27430 et seq., a regional center established pursuant to Chapter 5 (commencing with section 4620) of Division 4.5 of the Welfare and Institutions Code, a licensed professional fiduciary as defined in Probate Code section 60.1, a conservator appointed under Welfare and Institutions Code section 5350 et seq., a limited conservator authorized to consent to the sterilization of an adult with a developmental disability pursuant to Probate Code section 1852, or a temporary conservator appointed pursuant to Probate Code section 2250 unless otherwise ordered by the court.

(Adopted 10-19-12, effective 1-1-13; amended 5-7-21, effective 7-1-21)

RULE 7401 TEMPORARY CONSERVATORSHIPS

In addition to the notice required pursuant to Probate Code, Section 2250, all persons entitled to notice on the general petition shall be given at least twenty-four (24) hour, telephonic notice of the request for appointment of a temporary conservator.

(Added 10-21-89, effective 1-1-90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1200, 8-1-11, effective 1-1-12)

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RULE 7402 PERSONALIZED INFORMATION FOR CONSERVATEE

A. Definitions For purposes of this rule, the following definition shall apply: 1. “Conservator” includes a proposed conservator, conservator, or limited conservator. 2. “Conservatee” includes a proposed conservatee, conservatee, or limited conservatee. 3. “Petition requesting an order that would change the rights of a conservatee” includes a Petition for Appointment of Probate Conservator (form GC-310), a Petition for Exclusive Authority to Give Consent for Medical Treatment (form GC- 380), or any other petition that seeks any order that would add or remove powers or duties of a conservator, or add or removes rights of a conservatee. 4. “Order changing the rights of a conservatee” includes an Order Appointing Probate Conservator (form GC-340), Order Authorizing Conservator to Give Consent for Medical Treatment (GC-385), or any other court order that adds or removes powers or duties of a conservator, or adds or removes rights of a conservatee.

B. Personalized Information for Conservatee 1. Court Order Changing Conservator or the Rights of the Conservatee. If the court makes an order appointing or removing a conservator or an order changing the rights of a conservatee and a Personalized Information for Conservatee (Local Form RI-PR105) has not already been filed that accurately states the conservator, the investigator, and the rights of the conservatee, within 30 days after the court’s order the conservator must file a Personalized Information for Conservatee (Local Form RI-PR105) completed accurately and signed by the conservator. 2. Appointment of Probate Investigator. If after the appointment of a conservator the court appoints a probate investigator to complete an investigation under Probate Code 1851 and a Personalized Information for Conservatee (Local Form RI- PR105) has not already been filed that accurately states the conservator, the investigator, and the rights of the conservatee, within 30 days after the court’s order the conservator must file a Personalized Information for Conservatee (Local Form RI-PR105) completed accurately and signed by the conservator. 3. Contact Information. If the contact information for a conservator changes, within 30 days after the change the conservator must file a Personalized Information for Conservatee (Local Form RI-PR105) completed accurately and signed by the conservator.

C. Proof of Service of Personalized Information for Conservatee Within 30 days after the court makes an order appointing or removing a conservator, or an order changing the rights of a conservatee, or after the contact information for a conservator changes, the conservator shall serve the conservatee with the Personalized Information for Conservatee (Local Form RI-PR105) that was filed as required by this rule. Service may be accomplished by mail, or by personal service. Proof of service shall be filed using Proof of Service of Personalized Information for Conservatee (Local Form RI-PR106).

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(Adopted 5-5-23, effective 7-1-23; amended 10-24-25, effective 1-1-26)

RULE 7403 CAPACITY TO GIVE INFORMED CONSENT FOR MEDICAL TREATMENT

A. If a separate petition is filed concerning capacity of the conservatee to consent to medical treatment pursuant to Probate Code 1880, et seq., the petition must be filed in duplicate with a Riverside Superior Court form entitled "Order Appointing Probate Investigator" and "Probate Investigator's Referral Form" (even if previously filed), and shall contain a statement that there is on file a current Notification to Court of Current Address of conservatee.

B. Termination of Life Support Treatment. Notwithstanding that the conservator has the authority to give medical consent for the conservatee, the conservator shall not withhold or terminate life support treatment without prior court authorization. Advice of a licensed physician as well as the consents of the immediate family members are required.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 10-17-98, effective 1-1-99; Moved from Title 6 and renumbered from Rule 6.1203, 8-1-11, effective 1-1-12)

RULE 7404 CONFIDENTIALITY

A. Probate Investigators Referral Report

Use of Form. The Probate Investigator’s Referral Report (local form RI-PR016) provides phone and email contact information for relatives of the conservatee, contact information concerning the conservatee’s residence and school or day program, need for an interpreter, and the conservatee’s current medical diagnoses and medications. This information is provided to assist the probate investigator in completing the duties required by law.
Confidentiality. The Probate Investigator’s Referral Report shall be confidential and shall be made available only to parties, persons given notice of the proceedings who have requested these forms or who have appeared in the proceedings, their attorneys, and the court. The court shall have the discretion at any other time to release the forms to other persons if it would serve the interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the forms exclusively to persons entitled to receive them under this rule.

(Adopted 10-30-15, effective 1-1-16; amended 5-2-25, effective 7-1-25)

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RULE 7405 TRUSTS

At the filing of a petition for conservatorship of an estate, the petitioner shall advise the court if the conservatee is the settlor of a pre-existing trust, wherein the proposed conservatee is a beneficiary of such trust. The petitioner shall also advise the court of whether the proposed conservator of the estate is a trustee of said trust. The court shall provide a form for such disclosure, which shall accompany the petition upon filing. The court may order a conservator of the estate, who is also acting as the trustee of said trust, to account for the trust, concurrent with any account for the conservatorship.

(Adopted 10-30-15, effective 1-1-16)

RULE 7406 EMPLOYMENT OF CARE PROVIDERS

All payments made to care providers (relative or non-relative) for personal care to the conservatee must be authorized by the court prior to the rendition of services.

(Added 10-19-96, effective 1-1-97; amend. 10-17-98, effective 1-1-99; Moved from Title 6 and renumbered from Rule 6.1204.1, 8-1-11, effective 1-1-12)

RULE 7407 LIMITED CONSERVATORSHIPS

(1) All petitions for limited conservatorship of person, limited conservatorship of estate, or limited conservatorship of person and estate, must include mandatory local form RI-PR059 as an attachment setting forth the specific powers and duties over the Person and/or Estate being requested.

(2) All orders and letters for limited conservatorship of person, limited conservatorship of estate, or limited conservatorship of person and estate, must include mandatory local form RI-PR062 as an attachment, setting forth the specific powers and duties over the Person and/or Estate granted by the Court.

(Adopted 4-28-17, effective 7-1-17)

RULE 7409 CONSERVATOR'S ACCOUNTS

A. Copies to be Sent. At the time of filing an accounting or a Declaration in Support of Order Dispensing With Accounting, a Riverside Superior Court form entitled "Probate Investigator's Referral Form,” must be filed. A copy of the accounting or declaration shall be mailed to counsel for the conservatee, or to conservatee personally if unrepresented, at least fifteen days before the hearing.

B. Conservatee's Address. The conservatee's current residence address shall be set forth in each accounting or Declaration in Support of Order Dispensing With Accounting filed.

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C. Declaration in Support of Order Dispensing With Accounting. Any request for an order dispensing with an accounting under Probate Code 2628 must be submitted using local form RI-PR061. If the estate qualifies under Probate Code 2628 and the conservator elects to use this procedure instead of an accounting, the fully- completed form must be submitted in the same frequency as an accounting under Probate Code 2620.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 10-4-91, effective 1-1-92; amend. 10-22-94, effective 1-1-95; amend. 10- 17-98, effective 1-1-99; amended 4-28-06, effective 7-1-06; amended 10-26-07, effective 1-1-08; Moved from Title 6 and renumbered from Rule 6.1205, 8-1-11, effective 1-1-12; amended 10-30-15, effective 1-1-16; amended 4-20-18, effective 7-1-18)

RULE 7412 INVENTORIES AND APPRAISALS

Copies of all inventories and appraisals shall be served on any attorneys of record for any conservatee at the time of filing with the Clerk.

Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1- 90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1208, 8-1-11, effective 1-1-12)

RULE 7415 APPOINTMENT OF COUNSEL

When appointment of counsel is required by statute in a proceeding under the Probate Code or Welfare and Institutions Code, that appointment shall be made upon the filing of the petition.

For proceedings initiated under Welfare and Institutions Code 5300 et seq. the Riverside County Public Defender is appointed as counsel for the proposed conservatee immediately upon the proposed conservatee being served with notice of hearing of the petition for appointment of temporary LPS conservator. Notice shall also be served on the Public Defender. The Public Guardian shall then be authorized to provide the Public Defender with copies of the information and records obtained in the course of services provided to the proposed conservatee as described in Welfare and Institutions Code 5328.

(Adopted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1210, 8-1-11, effective 1-1-12; amended 4-24-14, effective 7-1-14; amended 6-30-23, effective 9-29-23)

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RULE 7418 FINDINGS REQUIRED REGARDING PAYMENT OF ATTORNEY FEES TO COURT APPOINTED COUNSEL

One of the following findings shall be made in conservatorship matters where counsel has been appointed:

The conservatee, proposed conservatee, limited conservatee, proposed limited conservatee, or person alleged to lack legal capacity is:

• Able to pay court-appointed counsel’s attorney fees.

• Unable to pay court-appointed counsel’s attorney fees.

• Able to pay a portion of the sum in the amount of $ .

• The court presently lacks sufficient information to determine whether the conservatee, proposed conservatee, proposed limited conservatee, or person alleged to lack legal capacity, or the conservator of such person’s estate has sufficient funds to pay all or a portion of the attorney’s fees. Therefore, the court orders the County of Riverside to pay attorney an amount to be determined upon submission of the payment voucher.

Note: If this finding is made, the court shall reconsider the ability to pay all or a portion of the attorney’s fees paid by the County of Riverside at the time of the hearing on the First Accounting, and the probate examiner(s) shall make a note regarding same.

Should the court determine that there is an ability to pay, an order shall be made that the County of Riverside be reimbursed, from the estate, for attorney’s fees advanced, payable to the County of Riverside.

(Adopted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1211, 8-1-11, effective 1-1-12)

RULE 7420 NOTICE OF DEATH OF CONSERVATEE

A conservator of the estate has the same duty to provide notice of a conservatee’s death that is imposed on a conservator of the person by Probate Code 2361.

(Adopted 4-28-17, effective 7-1-17)

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DIVISION 5 OTHER PROTECTIVE PROCEEDINGS – MINORS AND CONSERVATEES

RULE 7501 COMPROMISE OF DISPUTED CLAIMS - TRUSTS

When a Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Adult Person with a Disability is filed where a request is made for the establishment or funding of a Trust, a separate petition shall be filed requesting the establishment or funding of the Trust, to be heard concurrently with the Petition to Approve Compromise of Disputed Claim. The petition shall be filed in a new probate case number, and there shall be no initial filing fee for such petition.

(Adopted 10-24-08, effective 1-1-09; Moved from Title 6 and renumbered from Rule 6.1505, 8-1-11, effective 1-1-12; amended 5-7-21, effective 7-1-21)

DIVISION 6

MENTAL HEALTH MATTERS

RULE 7610 MEDICATION CAPACITY/RIESE HEARINGS (FACILITY-BASED)

(a) The person filing a petition for a medication capacity hearing pursuant to Welfare & Institutions Code § 5332 must promptly send an email to the Court Services Supervisor and Division Manager for the Probate Department in the region where the hearing will be conducted with notice that the petition will be filed, the name of the patient, and the date, time, and location of the requested hearing. If an interpreter is necessary for the patient, the email and the petition shall request the presence of an interpreter and must indicate the language required.

(b) The medical facility must ensure that the patient is present at the appointed time of the hearing unless the patient has waived their presence.

(c) The hearing will be closed to all but necessary participants except for persons expressly invited by the patient and permitted to attend at the judicial officer’s discretion, and persons permitted to attend by the judicial officer for safety reasons or training purposes.

(d) For hearings conducted at the medical facility, it is the responsibility of the medical facility to provide adequate security for the hearing. The following security measures must be met by each medical facility conducting such hearings: 1. Competent and capable security personnel or orderly must be present in the hearing room at all times; 2. A table that is a minimum of 60” wide by 24” deep must be present between the patient and the judicial officer. This table shall be secured to the floor in order to provide a physical barrier. There shall be a minimum of 3’-5” between the edge of the table and the wall behind to accommodate a wheelchair or mobility device and allow the judicial officer sufficient work area; 3. All furniture and potentially dangerous objects in the room shall be secured to the floor; and

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A separate exit door on the judicial officer’s side of the table.

In lieu of the above security requirements, the medical facility may provide video

conference equipment to allow the patient and the doctor to appear for the hearing by video. The video equipment must provide two-way video and audio communication compatible with the video conference equipment of the court. The equipment must also provide the ability for the judicial officer to simultaneously view both the patient and the doctor.

A patient may request judicial review by notifying a member of the facility staff, the court, or the patients’ rights office who shall then notify the Public Defender’s office. The person filing an appeal to the superior court pursuant to Welfare & Institutions Code § 5334(e)(1) must provide notice in the same manner required by subsection (a).

(Adopted 10-30-15, effective 1-1-16; amended 5-7-21, effective 7-1-21)

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