Orange — Settlement Conference Statement (Probate)

Source: https://www.occourts.org/system/files/forms-and-filings/l3040.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): BAR NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE COSTA MESA JUSTICE COMPLEX: 3390 Harbor Blvd, Costa Mesa, CA 92626

CASE NAME:

CASE NUMBER:

SETTLEMENT CONFERENCE STATEMENT (PROBATE)

Instructions: All applicable boxes must be checked, and the specified information must be provided.

1. Type of Matter : Trust Other:______________________________

   Conservatorship

   Decedent's Estate/Probate

2. Please outline the facts in support of your position in this matter. If applicable, please include any relevant family relationship information, property ownership information or other supporting information or documentation:

3. Are you alleging that the trustee/conservator/personal representative breached their fiduciary duty? If so, please specify the alleged action(s) or omission(s) that form the basis for your claim.

4. What is the current value of the estate/trust/conservatorship assets, if known?

   a. Has an Inventory & Appraisal been filed in this matter? If so, please attach a copy. b. Has an accounting been filed by the trustee/conservator/personal representative? If so, please attach a copy.

5. Are you seeking surcharge against a trustee/conservator/personal representative? If so, please provide a breakdown itemizing the amount of surcharge requested and the facts/authority to support the request.

L-3040 (02/13/2025) Form Adopted for Mandatory Use SETTLEMENT CONFERENCE STATEMENT www.occourts.orgLocal Rule 316 Page 1 of 2 (PROBATE)

6. Would you agree to the appointment of a private professional fiduciary as trustee/conservator/ personal representative?

   Yes - Who would you recommend? _________________________________________

   No

7. Are you seeking to recover attorney fees and/or costs incurred in this matter? If so, please list the fees and/or costs incurred to date and the legal authority in support of your ability to recover the requested fees/costs.

8. Have the parties engaged in any prior settlement negotiations? If so, what was each side's most recent proposal?

9. Are there any other issues or concerns that you believe should be addressed at the settlement conference?

10. Please list any additional documents or evidence that you intend to present at the settlement conference.

PURSUANT TO CALIFORNIA RULE OF COURT, RULE 3.1380(c), YOU MUST FILE THIS

DOCUMENT NO LATER THAN FIVE COURT DAYS BEFORE THE MANDATORY SETTLEMENT CONFERENCE DATE. By signing below, I certify that the information provided in this form is accurate and complete to the best of my knowledge.

Date: __________________

_____________________________________ _______________________________________
(type or print name) (signature of party or attorney)

_____________________________________ _______________________________________
(type or print name) (signature of party or attorney)

L-3040 (02/13/2025) Form Adopted for Mandatory Use SETTLEMENT CONFERENCE STATEMENT www.occourts.orgLocal Rule 316 Page 2 of 2 (PROBATE)