Solano — Rule 7 – Probate

Source: https://solano.courts.ca.gov/system/files/solano-county-local-rules-effective-2021-01-01-rule-7.pdf

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.1 SCOPE OF PROBATE RULES; DIRECT CALENDARING

a. MATTERS TO WHICH RULE 7 APPLIES

Except as otherwise provided elsewhere in these rules, these probate rules apply to
all matters governed by the Probate Code, except probate guardianships and probate
conservatorships, which are governed by Rule 15.

(Subd (a) amended effective January 1, 2012; adopted effective July 1, 2009.)

b. DIRECT CALENDARING

When a probate case is filed, or received and filed as a transfer from another county,
the Clerk of the Court shall assign the case in a manner directed by the Supervising
Judge of the Civil Division. The assignment to a judge shall be deemed to be for
all purposes. The method of selection of the judge to be assigned to a case shall be
designed to equally distribute the workload among the judges and best serve the
court.

(Subd. (b) adopted effective January 1, 2012; former subd (b) repealed effective
January 1, 2012.)

(Rule 7.1 amended effective January 1, 2012; adopted effective July 1, 2009; previously
amended effective January 1, 2010.)

7.2 USE OF JUDICIAL COUNCIL FORMS; FORMAT OF PLEADINGS; CALENDARING AND FILING

a. USE OF JUDICIAL COUNCIL FORMS

Printed forms of petitions, orders and other documents which have been adopted or
approved by the Judicial Council shall be used in all cases where applicable.

(Subd (a) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. FORMAT OF PLEADINGS

Petitions, orders and other documents for which there is no available form approved
by the Judicial Council shall conform to the requirements of the California Rules
of Court, rules 2.100-2.119.

(Subd (b) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

c. NOTICES OF UNAVAILABILITY OF COUNSEL

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other
document or pleading whose sole purpose is to advise the court and/or other parties
of an attorney's or party's unavailability. (Carl v. Superior Court of Orange County
(2007) 157 Cal.App.4th 73.)

(Subd (c) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

d. CALENDARING

Counsel and self-represented parties may contact the calendaring clerk to reserve a
hearing date on a petition, motion, or other moving paper. Reservation of a
calendar date does not place the matter on the court’s calendar. Except for matters
brought ex parte, petitions, motions, and other moving papers shall not be
calendared for hearing until the moving party files either a Notice of Hearing
(Judicial Council form DE-120) or a Notice of Petition to Administer Estate
(Judicial Council form DE-121). The applicable form must be filed within three
court days of reserving the date; otherwise, the date reserved will be canceled.

(Subd (d) amended effective January 1, 2019; adopted effective July 1, 2010;
amended effective January 1, 2012.)

e. FILING

All petitions concerning trusts shall be filed at least 30 days prior to the desired or
scheduled hearing date. All petitions concerning non-trust matters shall be filed at
least 15 days prior to the desired or scheduled hearing date.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

Motions, responses to motions, and replies to responses shall be filed as required by the Code of Civil Procedure. For purposes of this rule, the term “motion” refers to requests for relief outside the Probate Code, including but not limited to discovery motions, demurrers, motions for summary judgment, motions for judgment on the pleadings, motions to tax or strike costs, and motions to enforce settlements per Code of Civil Procedure section 664.6.

The applicable filing fee for a particular document is governed by the document’s content and the relief requested (if any), not its caption.

(Subd. (e) amended effective January 1, 2019; adopted effective January 1, 2012.)

(Rule 7.2 amended effective January 1, 2019; adopted as Rule 7.1 effective July 1, 1988; previously amended effective January 1, 2009; previously amended and renumbered effective July 1, 2009; amended effective July 1, 2010 and January 1, 2012.)

7.3 SIGNATURES AND VERIFICATION OF PLEADINGS

Petitions, reports and accounts, as well as objections or responses to petitions, reports and accounts, shall be verified as required by Probate Code section 1020 et seq. Supplements and amendments to pleadings shall be verified in the same manner as the pleading being supplemented or amended. The verification shall be included as part of the pleading at the time the pleading is filed.

(Rule 7.3 amended effective January 1, 2019; adopted as Rule 7.2 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered effective July 1, 2009.)

7.4 BONDING OF PERSONAL REPRESENTATIVE

a. INCREASES IN BONDS

When a bond must be increased, the court will ordinarily require the filing of an
additional bond rather than a substitute bond.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. DECREASES IN BONDS

When the bond may be decreased, the court will ordinarily require an order
decreasing the liability on the existing bond rather than the filing of a substitute
bond. All petitions for reduction of bond must be filed and set for a noticed hearing.
A petition to reduce bond shall not be granted ex parte.

c. WAIVER OF BOND

Absent extenuating circumstances, the court will not accept a waiver of bond signed
by a parent or guardian on behalf of a minor child if that parent or guardian is
seeking appointment as or has been appointed as personal representative of an
estate of which the minor child is an heir or beneficiary.

Absent extenuating circumstances, the court will not accept a waiver of bond signed
by a conservator on behalf of a conservatee if that conservator is seeking
appointment as or has been appointed as personal representative of an estate of
which the conservatee is an heir or beneficiary.

(Rule 7.4 amended effective January 1, 2019; adopted as Rule 7.6 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered effective July 1,
2009.)

7.5 DECLINATION OF NOMINATED EXECUTOR

If the person petitioning for letters is not the nominated executor in the decedent’s will, it is insufficient to allege merely that the nominated executor declines to act as such. The petitioner must either (1) attach to the petition a written declination to act as executor, signed by the nominated executor, or (2) include in the petition sufficient facts demonstrating that the nominated executor should be held to have waived his or her right to appointment per Probate Code section 8001. Any such nominated executor must receive notice of the petition per Probate Code section 8110.

(Rule 7.5 amended and renumbered effective July 1, 2009; adopted as Rule 7.7 effective July 1, 1988.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.6 NOTICES

Several Probate Code sections require the Clerk of the Court to "cause notice of the hearing to be mailed." The Clerk fulfills this function by requiring a party or a party’s counsel to do the mailing. Therefore, the party or the party’s counsel is charged with this duty.

(Rule 7.6 amended and renumbered effective July 1, 2009; adopted as Rule 7.10 effective July 1, 1988; previously amended effective July 1, 1989.)

7.7 CONTINUANCES

a. PROCEDURE TO OBTAIN CONTINUANCE

No matter shall be continued unless the department of the court to which the matter
is assigned approves of the continuance date.

If the proposed continuance is by stipulation, the stipulation shall be submitted to
the court for review and approval of the proposed continuance date. If the proposed
continuance date is approved, an amended Notice of Hearing (Judicial Council
form DE-120) with the new hearing date may thereafter be submitted for filing. A
copy of the stipulation shall be submitted to the calendar clerk concurrently with
the amended Notice of Hearing, along with all appropriate filing fees.

If the proposed continuance is not by stipulation, the continuance shall be requested
either through a notice of motion or through the ex parte process as set forth in local
rule 7.10. If the proposed continuance date is approved, an amended Notice of
Hearing (Judicial Council form DE-120) with the new hearing date may thereafter
be submitted for filing. A copy of the court’s order granting the continuance shall
be submitted to the calendar clerk concurrently with the amended Notice of
Hearing, along with all appropriate filing fees.

Unless the continuance was ordered by the court on its own motion, a Notice of
Hearing is not sufficient, in and of itself, to cause the recalendaring of a hearing.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. CONTINUANCE OF HEARING AFTER ANNOUNCEMENT OF PREGRANT ORDER

No probate matters will be continued after announcement of a pregrant thereon,
except by order of the court for good cause.

(Subd (b) adopted effective July 1, 2009.)

(Rule 7.7 amended effective January 1, 2013; adopted effective July 1, 2009; previously
amended January 1, 2013.)

7.8 PROBATE NOTES AND PREGRANTS IN PROBATE MATTERS

Probate notes on selected probate matters will be available approximately one week prior to the scheduled hearing date. The availability of probate notes may fluctuate depending on the court’s calendars and staffing availability. Probate notes are available by signing onto the court’s web site at www.solano.courts.ca.gov and selecting the link for “Probate Notes and Pre-grants” (next to “Tentative Rulings”).

Pregrant orders are the court’s tentative rulings on decedent estates, trusts, and miscellaneous probate petitions. Pregrant orders are not posted for conservatorship or guardianship matters or for ex parte applications. A pregrant order on a probate matter will be available after 2:00 p.m. on the court day immediately preceding the scheduled hearing by signing onto the court’s web site at 2Hwww.solano.courts.ca.gov and selecting the link for “Probate Notes and Pre-grants” (next to “Tentative Rulings”) or by telephoning the court at (707) 207-7331.

(Rule 7.8 amended effective January 1, 2019; adopted effective July 1, 2009; previously amended effective January 1, 2010, January 1, 2012, and January 1, 2016.)

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Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally a. HEARINGS WHERE APPEARANCE NOT REQUIRED

Those matters which by law may be determined upon verification and without
testimony shall be submitted for appropriate action by the court without appearance
by counsel or witnesses, provided that counsel or the petitioning party accomplish
both of the following:

(1) All declarations, affidavits, consents, waivers, proposed orders and other
necessary papers shall be filed with the Clerk of the Court no later than four
full court days prior to the hearing.

(2) The verified petition or an accompanying affidavit signed by the petitioner
or by the personal representative or by counsel of record for either of said
persons shall set forth the information necessary to establish the amount of
bond, if one is required.

All probate matters shall be non-appearance except as stated in Solano County
Local Rules, rule 7.9, subdivision (b), or where an appearance is required by the
court.

(Subd (a) amended effective July 1, 2009; adopted effective July 1, 1989; previously
amended effective January 1, 2009.)

b. HEARINGS WHERE APPEARANCE IS REQUIRED

Subdivision (a) shall not apply and personal appearance by the parties and/or
counsel shall be required in the following cases:

(1) Contested matters.

(2) Proof of holographic wills, if the petitioner did not previously submit proof
of the admissibility of each testamentary document to probate or if an
appearance is specially required by the hearing judge.

(3) Petitions for court confirmation of sales of property.

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PART ONE: Probate Proceedings Generally

(4) Any non-routine matter which by law requires the personal appearance of
any person.

(Subd (b) amended effective July 1,2009; adopted effective July 1, 1989; previously
amended effective January 1, 2009.)

c. TELEPHONIC APPEARANCE

Telephonic appearance will be permitted when authorized by California Rule of
Court, rule 3.670 and Solano County Local Rules, rule 4.12(h), if the party seeking
to appear telephonically has also complied with the notice requirements set forth in
those rules, and subject to the exceptions set forth in those rules and the court's
discretion to require personal appearances.

(Subd (c) amended effective January 1, 2010; amended and relettered effective July
1, 2009; adopted as subd (d) of Rule 7.11 effective July 1, 1989; previously
amended effective January 1, 2009.)

(Rule 7.9 amended effective January 1, 2010; amended and renumbered effective July 1,
2009; adopted as Rule 7.11 effective July 1, 1989.)

7.10 EX PARTE APPLICATIONS

a. NOTICE ON EX PARTE PETITIONS

(1) Unless otherwise ordered by the court, a party seeking ex parte relief shall
provide notice of the application for ex parte relief to all individuals entitled
to notice by 10:00 a.m. on the court day prior to the ex parte appearance.

(2) All applications for ex parte orders must contain a statement on special
notices. If there are no requests for special notice on file presently in effect,
the statement shall so state. If there are one or more requests for special
notice on file that have not been withdrawn, the statement shall list the
parties requesting special notice.

(3) If a person entitled to notice has waived notice of the ex parte application,
the waiver shall be filed with the court concurrently with the moving papers.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(Subd (a) amended effective January 1, 2018; adopted effective July 1, 2009;
previously adopted as subd (c) of former Rule 7.11 effective July 1, 1989.)

b. WAIVER OF NOTICE
A party seeking to dispense with notice for a particular individual for whom notice
has not yet been waived shall file a request to dispense with notice concurrently
with the ex parte application. The request shall set forth sufficient evidentiary facts
supporting the request. For individuals who cannot be located, the party shall file
a declaration of due diligence in compliance with California Rules of Court, rule
7.52, prior to the ex parte appearance.
(Subd (b) amended effective January 1, 2018; adopted effective July 1, 2009.)

c. EX PARTE PROCEDURE
Ex parte matters will be heard upon appointment scheduled directly with the
designated department. The date and time of the ex parte hearing must be
confirmed with the designated department prior to the moving party giving
notice of the hearing. For purposes of this rule, the designated department is the
department already assigned to the case, or, if the case has not yet been assigned
to a department or judicial officer, the designated department is the department
assigned by the Supervising Judge.
Unless otherwise expressly authorized by law, a party requesting ex parte relief
related to law and motion matters shall file the underlying motion prior to or
contemporaneously with filing of the ex parte application. The ex parte application
shall comply with California Rules of Court, rules 3.1200-3.1207.
A request to schedule an ex parte hearing may be summarily denied without hearing
when the request fails to meet the criteria set forth in California Rules of Court,
rules 3.1200-3.1207. Ex parte applications submitted to seek scheduling relief from
court setting guides or caps, but which do not otherwise seek relief from the Code
of Civil Procedure or California rules of Court, may be summarily granted without
a hearing.
An ex parte hearing shall be conducted only following the filing of the ex parte
application and supporting paperwork, any underlying related motion, and proof of

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

satisfaction of any filing fees. Prior to commencement of the hearing, the

moving party shall file a declaration under penalty of perjury confirming that notice was provided to the opposing side, including the date, time, manner and name of any party so informed, and proof of service of any applicable papers.

(Subd (c) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended effective January 1, 2018.)

(Rule 7.10 amended effective July 1, 2020; adopted effective July 1, 2009; previously amended effective January 1, 2018.)

7.11 DISCOVERY

a. INFORMAL DISCOVERY CONFERENCES

The procedure set forth in Local Rule 3.14 shall apply to informal discovery
conferences brought in proceedings governed by Rule 7.

(Rule 7.11 adopted effective July 1, 2018; former Rule 7.11 renumbered as Rule 7.50
effective July 1, 2018.)

7.12 – 7.49 [RESERVED]

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.50 APPOINTMENT OF SPECIAL ADMINISTRATOR

Except upon a showing of good cause for dispensing with notice, petitions for special letters of administration will not ordinarily be granted without the petitioning party giving notice in compliance with Probate Code section 8003 and 8110. Applications for special letters of administration may be requested ex parte, provided the application is prepared and submitted in compliance with Solano County Local Rules, rule 7.10, and California Rules of Court, rule 7.55.

(Rule 7.50 renumbered effective July 1, 2018; adopted as Rule 7.14 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered as Rule 7.11 effective July 1, 2009; former Rule 7.50 renumbered as Rule 7.100 effective July 1, 2018.)

7.51 INFORMATION TO BE CONTAINED IN PETITIONS FOR APPOINTMENT OF PERSONAL REPRESENTATIVE

a. INFORMATION TO BE INCLUDED WITH THE PETITION

Any petition seeking appointment of a personal representative shall contain the
following information:

(1) If the heir is a minor, the heir’s date of birth.

(2) The name of any and all nominated trustees of a trust created by the will.

(3) The name of any and all trustees and beneficiaries of an inter vivos trust
created by the decedent and that is in existence at the time of the decedent’s
death.

(4) The name of any and all trustees of a special needs or other trust created to
benefit the decedent and that is in existence at the time of the decedent’s
death.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009.)

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PART TWO: Probate Proceedings Other Than Trusts

b. INFORMATION CONCERNING A DECEASED BENEFICIARY

In addition to the information required in Rule 7.51(a), information concerning a
deceased beneficiary shall be included in the petition as follows:

(1) If an heir or beneficiary dies before the decedent, that person should be
listed with the notation that he or she is predeceased, and date of death. No
notice need be given to the successors in interest of the predeceased person
unless that person's interest has not lapsed by reason of death, in which case,
notice should be given in the same manner as for the postdeceased heir or
beneficiary.

(2) If an heir or beneficiary dies after the decedent, that post-deceased person's
name should be listed with the notation "deceased" and the person’s date of
death. If a personal representative has been appointed for that person’s
estate, the postdeceased heir or beneficiary should be listed in care of the
name and address of the personal representative. If no personal
representative has been appointed, that fact should be alleged, and notice
given to the last known address of the postdeceased heir or beneficiary.

(3) If a named beneficiary predeceased the decedent or did not survive the
decedent for the designated survival period, that fact must be stated,
together with the actual or approximate date of death.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

c. COPY OF TRUST

Where notice is required to be given pursuant to Probate Code section 1208(b)
(such as where a trust is a beneficiary of a decedent’s estate), the petitioner shall
file separately from the petition 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. Said document(s) shall be filed as a confidential
document and shall not be released to any party except by court order.

(Subd (c) amended effective January 1, 2019; adopted effective January 1, 2018.)

(Rule 7.51 amended effective January 1, 2019; adopted as Rule 7.15 effective July 1, 1988;
amended and renumbered as Rule 7.12 effective July 1, 2009; amended effective January

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

1, 2018; renumbered as rule 7.51 effective July 1, 2018; former Rule 7.51 renumbered as Rule 7.101 effective July 1, 2018.)

7.52 PREPARATION OF ORDERS

a. PROPOSED ORDERS SUBMITTED PRIOR TO HEARING

Proposed orders shall be prepared by the petitioner’s attorney of record or the
petitioner, if unrepresented, and shall be submitted at least four court days prior to
the hearing.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009.)

b. MATERIAL TO BE INCLUDED IN PROBATE ORDERS

All orders in probate matters must be complete in and of themselves, so that their
effect may be understood without reference to the underlying petition. The order
shall set forth all matters actually passed on by the court, the relief granted, and the
names of persons and descriptions of property or amounts of money affected with
the same particularity required of judgments in civil matters. The court will not
approve orders that merely recite that the petition as presented is granted or
incorporate by reference the relief sought in the petition. However, in orders
settling accounts, the court will ordinarily approve general language approving the
account, the report, and the acts reflected therein. With the exception of attached
schedules, no written matter shall appear after the judicial officer’s signature line.

(Subd (b) amended effective January 1, 2019; previously adopted as unlettered
portion of Rule 7.19 effective July 1, 1988; adopted effective July 1, 2009.)

(Rule 7.52 amended effective January 1, 2019; adopted as Rule 7.18 effective July 1, 1988;
amended and renumbered as Rule 7.13 effective July 1, 2009; renumbered as Rule 7.52
effective July 1, 2018; former Rule 7.52 renumbered as Rule 7.102 effective July 1, 2018.)

7.53 INTEREST ON FUNERAL AND INTERMENT CLAIMS

When accrued interest has been paid on delayed payment of claims for the reasonable costs of funeral expenses, a specific allegation must be made in the report accompanying the

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

account in which credit has been taken for such payment, setting forth reasons for any delay in payment. The court will not allow credit for payment of interest when 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.

(Rule 7.53 renumbered effective July 1, 2018; adopted as Rule 7.21 effective July 1, 1988; amended and renumbered as Rule 7.14 effective July 1, 2009; former Rule 7.53 renumbered as Rule 7.103 effective July 1, 2018.)

7.54 REAL ESTATE IN INVENTORY AND APPRAISAL

If a decedent’s estate contains real property, the inventory and appraisal shall identify that property by its address and shall include a legal description of the property. If the parcel is unimproved, the inventory must so state.

(Rule 7.54 renumbered effective July 1, 2018; adopted as Rule 7.23 effective July 1, 1988; amended effective July 1, 1989; amended and renumbered as Rule 7.15 effective July 1, 2009; former Rule 7.54 renumbered as Rule 7.104 effective July 1, 2018.)

7.55 CASH DEPOSIT

A minimum cash deposit of ten percent (10%) of the purchase price (unless the loan proceeds exceed 90% of the purchase price), shall be deposited in escrow ten days prior to the confirmation of sale hearing date, and written verification of said deposit shall be filed with the court five (5) days prior to the confirmation of sale hearing date.

(Rule 7.55 renumbered effective July 1, 2018; adopted as Rule 7.24 effective July 1, 1988; previously amended effective July 1, 1989; renumbered as Rule 7.16 effective July 1, 2009; former Rule 7.55 renumbered as Rule 7.105 effective July 1, 2018.)

7.56 SECOND DEEDS OF TRUST

The court will approve the taking of a promissory note secured by a second deed of trust upon a showing that it serves the best interests of the estate.

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

(Rule 7.56 renumbered effective July 1, 2018; renumbered as Rule 7.17 effective July 1, 2009; former Rule 7.56 renumbered as Rule 7.106 effective July 1, 2018.).)

7.57 EARNEST MONEY DEPOSIT BY OVERBIDDER

When a sale is confirmed to an overbidder, the overbidder must submit at the time of the hearing a certified or cashier's check in the amount of ten percent (10%) of the bid.

(Rule 7.57 renumbered effective July 1, 2018; adopted as Rule 7.26 effective July 1, 1988; renumbered as Rule 7.18 effective July 1, 2009.)

7.58 APPEARANCES OF COUNSEL

In petitions for confirmation of sales of real estate and for sales of personal property where bidding is authorized, the court will ordinarily not proceed with the confirmation of the sale in the absence of the petitioner’s attorney, if the petitioner is represented. Where the personal representative, guardian or conservator is present and requests that the sale proceed, the court may do so, in its discretion.

(Rule 7.58 renumbered effective July 1, 2018; adopted as Rule 7.27 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered as Rule 7.19 effective July 1, 2009.)

7.59 CONDITIONAL SALES OF REAL PROPERTY

The court will ordinarily not approve a sale of real property which is conditioned upon the occurrence of a subsequent event (such as change in zoning or obtaining approval from an environmental control board). However, if unusual and extraordinary circumstances exist and the necessity and advantage to the estate are set forth in detail, the court may approve such a sale.

(Rule 7.59 renumbered effective July 1, 2018; adopted as Rule 7.30 effective July 1, 1988; amended and renumbered as Rule 7.20 effective July 1, 2009.)

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts a. IMPROVED REAL PROPERTY

An agent or broker’s commission on the sale of improved real property shall not
exceed six percent (6%). A copy of an executed broker's agreement shall be
attached to the petition for confirmation of sale.

(Subd (a) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

b. UNIMPROVED REAL PROPERTY

An agent or broker’s commission on the sale of unimproved or raw real property
shall not exceed ten percent (10%). A copy of an executed broker's agreement shall
be attached to the petition for confirmation of sale.

(Subd (b) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

c. BROKER COMMISSIONS IN OVERBID SITUATIONS

Broker commissions in overbid situations are governed by Probate Code section
10160 et seq.

(Subd (c) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

(Rule 7.60 renumbered effective July 1, 2018; adopted as Rule 7.31 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.21 effective
July 1, 2009.)

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.61 STATUTORY COMPENSATION FOR PERSONAL REPRESENTATIVE AND ATTORNEY FEES

a. INCLUSION OF COMPUTATION IN PETITION

The computation in Rule 7.61, subsection (b), must be made regardless of the
estate’s value and even though an accounting has been waived. For estates worth
in excess of $25,000,000.00 (twenty-five million dollars), the court shall determine
the reasonable amount of compensation.

(Subd (a) adopted effective July 1, 2009.)

b. FORMAT OF REQUEST FOR STATUTORY COMPENSATION AND ATTORNEY FEES

The basis for statutory compensation and attorney fees requested shall be set out in
the body of the petition for distribution or on a separate schedule as required per
California Rules of Court, rule 7.705.

(Subd (b) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.36 effective July 1, 1988.)

(Rule 7.61 amended and renumbered effective July 1, 2018; adopted as Rule 7.36 effective
July 1, 1988; amended and renumbered as Rule 7.22 effective July 1, 2009.)

7.62 PARTIAL ALLOWANCE OF STATUTORY COMPENSATION OR ATTORNEY FEES

a. COURT ORDER REQUIRED

A personal representative may not pay an advance on statutory compensation or
attorney fees without prior court order. Petitions for an advance of statutory
compensation or attorney fees may not be brought ex parte.

(Subd (a) adopted effective July 1, 2009.)

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

b. REQUIREMENT OF INVENTORY AND APPRAISAL; ACCOUNTS

Notwithstanding Probate Code section 10830, the court shall not consider a petition
seeking an advance of statutory compensation or attorney fees unless the personal
representative’s Inventory and Appraisal is filed prior to or concurrently with the
petition. The court prefers that attorney fees not be requested until the first account
has been filed.

(Subd (b) adopted effective July 1, 2009.)

c. AMOUNT OF STATUTORY COMPENSATION OR ATTORNEY FEES PERMITTED AS
AN ADVANCE

Any allowance for statutory compensation or attorney fees will be made in
accordance with the work actually performed. Where no accounting is filed, the
allowance may not exceed 50% of the statutory compensation computed upon the
total value appearing in the inventories filed to that time. Where an accounting is
filed, the allowance may not exceed 75% of the statutory compensation so
computed.

(Subd (c) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.37 effective July 1, 1988.)

d. APPORTIONMENT OF FEES FOR SUCCESSIVE ATTORNEYS

Except in a case in which there is an agreement in writing on apportionment, where
the personal representative has been represented by successive attorneys, fees will
not ordinarily be apportioned to a prior attorney for the personal representative until
the final accounting has been approved.

(Subd (d) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.37 effective July 1, 1988.)

(Rule 7.62 renumbered effective July 1, 2018; adopted as Rule 7.37 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.23 effective
July 1, 2009.)

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7.63 APPORTIONMENT OF STATUTORY COMPENSATION BETWEEN TWO OR MORE PERSONAL REPRESENTATIVES

If the statutory compensation is to be divided among co-personal representatives, the petition shall set out facts upon which the court can base the apportionment.

(Rule 7.63 renumbered effective July 1, 2018; adopted as Rule 7.38 effective July 1, 1988; amended and renumbered as Rule 7.24 effective July 1, 2009.)

7.64 EXTRAORDINARY COMPENSATION FOR PERSONAL REPRESENTATIVE; EXTRAORDINARY ATTORNEY FEES

a. CONTENTS OF PETITIONS OR DECLARATIONS FOR EXTRAORDINARY
COMPENSATION OR FEES

All applications for extraordinary compensation for the personal representative's
services and for extraordinary attorney's fees must be supported by a statement of
facts in the petition or in a separate declaration. The statement of facts shall be fully
compliant with California Rules of Court, rule 7.702. Records of time spent, such
as billing statements or time logs, are not generally adequate in and of themselves
to support extraordinary fees.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.39 effective July 1, 1988; amended and relettered effective July 1, 2009.)

b. FACTORS THAT WILL NOT SUPPORT A REQUEST FOR EXTRAORDINARY
COMPENSATION OR FEES

In the absence of special circumstances or problems articulated in the statement of
facts filed per California Rules of Court, rule 7.702, the routine conduct of any
proceeding relating to the collection of assets, processing of claims, conduct of
estate administration or distribution will not justify an extraordinary fee.
(Subd (b) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.39 effective July 1, 1988; amended and relettered effective July 1, 2009.)

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(Rule 7.64 amended effective January 1, 2019; adopted as Rule 7.39 effective July 1, 1988; amended and renumbered as Rule 7.25 effective July 1, 2009; renumbered as Rule 7.64 effective July 1, 2018.)7.65 DISTRIBUTIVE CONTINGENCIES

If the right of a beneficiary to distribution of part of the estate is dependent upon the occurrence of an event (e.g., death of a parent), the petition must allege the occurrence of that event and the order must contain a finding of the occurrence of that event.

(Rule 7.65 renumbered effective July 1, 2018; adopted as Rule 7.41 effective July 1, 1988; renumbered as Rule 7.26 effective July 1, 2009.)

7.66 CONTENTS OF PETITION AND ORDER FOR PARTIAL OR FINAL DISTRIBUTION

a. WHEN PROPOSED ORDER REQUIRED

The proposed order for distribution shall be filed with any petition for partial or
final distribution.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.42 effective July 1, 1988; amended and relettered effective July 1, 2009.)

b. DESCRIPTION OF PROPERTY TO BE DISTRIBUTED

The distribution of property must be separately stated in detail in both the petition
and the order, listing a description of the property to be distributed under the name
of each heir or beneficiary. Real estate shall be legally described and each
property’s street address, if any, shall be included. The order must be complete in
and of itself. Description by reference to the inventory is not acceptable. In both
the petition and order for distribution, the distribution schedule shall include a
summary showing the value of the estate distributed to each heir or beneficiary and
the total estate distributed. If any heirs or beneficiaries previously received an early
distribution, the petition and the order shall so state.

(Subd (b) amended effective January 1, 2019; amended and relettered effective July
1, 2009; adopted as unlettered portion of Rule 7.42 effective July 1, 1988; amended
effective January 1, 2010.)

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c. TRACING REQUIRED FOR INTESTATE DECEDENT

If an intestate decedent who survived their spouse leaves no issue, the applicability
of Probate Code Section 6402.5 must be alleged and the necessary tracing must be
carried out as far as possible.

(Subd (c) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.42 effective July 1, 1988; amended and relettered effective July 1, 2009.)

d. OTHER ITEMS TO BE INCLUDED IN THE PETITION AND DECREE

(1) A petition and any order for distribution shall include the names and
addresses of all persons who are present and future distributees of the estate,
and shall indicate whether each person listed is an adult or a minor. In all
cases where a minor is a distributee, the minor’s age and birth date must be
stated in the petition and the decree for distribution.

(Subd (1) adopted effective January 1, 2010.)

(2) If distribution will not be made directly to the heir or beneficiary, the name,
address and fiduciary capacity of the recipient must be stated in the petition
and the decree for distribution. If distribution is to be made to an assignee
of an heir or beneficiary, a copy of the assignment and the terms thereof
must be on file.

(Subd (2) amended effective January 1, 2019; adopted effective January 1,
2010; amended effective January 1, 2013.)

(3) If a reserve is sought, the petition for final distribution must specifically set
forth the proposed use for the retained funds (e.g., income taxes, closing
costs, property tax assessments, etc.).

(Subd (3) adopted effective January 1, 2013.)

(Subd (d) amended effective January 1, 2019; adopted effective January 1, 2010
amended effective January 1, 2013.)

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e. ACCOUNTING FOR RESERVE

If an order for final distribution of an estate of a decedent or trust includes a reserve
of $5,000 or more, an informal accounting of the reserve shall be attached to the Ex
Parte Petition for Final Discharge (Judicial Council form DE-295). The court in its
discretion may set the request for discharge for hearing and require notice. The
court may also impose the informal accounting requirement on reserves below
$5,000.

(Subd (e) adopted effective January 1, 2018.)

(Rule 7.66 amended effective January 1, 2019;adopted as Rule 7.42 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.27 effective
July 1, 2009; amended effective January 1, 2010, January 1, 2013, and January 1, 2018;
renumbered as Rule 7.66 effective July 1, 2018.)

7.67 DISTRIBUTIONS TO TRUSTS

a. DISTRIBUTIONS TO TESTAMENTARY TRUSTS

The provisions of an order for distribution establishing a testamentary trust shall
include all of the terms of the will relating to the trust. Per California Rules of Court,
rule 7.650, the provisions of the trust shall be stated in the present tense and in the
third person, and shall not quote the will verbatim. If a trust beneficiary will receive
distribution upon reaching a specific age, the petition for distribution and order
thereon must state the age and birthdate of the beneficiary.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.43 effective July 1, 1988; amended and relettered effective July 1, 2009; amended
effective January 1, 2010.)

b. DISTRIBUTIONS TO INTER VIVOS TRUSTS

An order for distribution which distributes assets to an inter vivos trust shall name
the trust and specify the name of the trustee to receive the assets. The order for
distribution shall not be approved absent a declaration by the trustee that he or she
has in fact accepted the trust. The order for distribution for a decedent’s estate shall

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not name as beneficiaries of the estate in the distribution plan any beneficiaries who are entitled to distributions from the trust.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

(Rule 7.67 amended effective January 1, 2019; adopted as Rule 7.43 effective July 1, 1988; amended and renumbered as Rule 7.28 effective July 1, 2009; amended effective January 1, 2010; renumbered effective July 1, 2018.)

7.68 JOINT TENANCY ASSETS

In the absence of prior court determination or authorization, joint tenancy assets of the decedent and a person other than the decedent’s spouse should not be inventoried as assets of the probate estate. However, an asset held in joint tenancy between the decedent and the decedent’s spouse, or former spouse in appropriate cases, shall be inventoried if there is an unadjudicated allegation that the asset is in fact community property. A notation concerning the allegation shall be included in all inventory and appraisals until the asset’s characterization is determined.

(Rule 7.29 amended and renumbered effective July 1, 2009; adopted as Rule 7.49 effective July 1, 1988; former Rule 7.29, which concerned increased bid forms, repealed effective July 1, 2009.)

7.69 PERSONAL REPRESENTATIVE COMPENSATION AND ATTORNEY FEES IN CONNECTION WITH TERMINATION OF A JOINT TENANCY OR HANDLING OF OTHER NONPROBATE ASSETS

Assets that pass outside of probate are outside the court’s jurisdiction. Therefore, a
personal representative or his or her attorney shall not request payment from a probate
estate for work done concerning joint tenancy assets or other nonprobate assets, and any
request for such relief shall be denied. However, this rule does not prevent a request for
extraordinary fees where the termination of joint tenancy with a previously deceased joint
tenant is necessary to clear title to property in the decedent's estate.

(Rule 7.69 renumbered effective July 1, 2018; adopted as Rule 7.50 effective July 1, 1988;
amended and renumbered as Rule 7.30 effective July 1, 2009.)

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7.70 COURT INVESTIGATOR FEES FOR INVESTIGATION OF PETITION FOR PARTICULAR TRANSACTION

Pursuant to Probate Code section 3140, the court may, in its discretion, appoint a court investigator to evaluate a petition for a proposed transaction involving an incapacitated spouse’s community property and report to the court regarding the transaction’s advisability. Appointment of a court investigator for such an investigation shall result in an assessment against the petitioning party for the costs of the investigation. The fee amount is determined by the court on an annual basis and is subject to change. The assessed fee is payable within 30 days after the Assessment and Order for Payment is mailed by the Court Investigators Office.

(Rule 7.70 renumbered effective July 1, 2018; adopted as Rule 7.31 effective July 1, 2009.)

7.71 WAIVERS OF ACCOUNT

Any waiver of account presented under Probate Code 10954 shall be filed using either the local form adopted for that purpose or a pleading containing the same information as the local form.

A waiver of account may be filed prior to or concurrently with a petition for distribution (whether preliminary or final) or with a status report. The court will not accept a waiver of account for a personal representative signed or filed prior to that personal representative’s appointment.

(Rule 7.71 adopted effective January 1, 2019; former Rule 7.71 renumbered as Rule 7.74 effective January 1, 2019.)

7.72 REIMBURSEMENT OF EXPENSES OF ESTATE ADMINISTRATION

a. EXPENSES THAT MAY BE REIMBURSED

The following may be reimbursed to a personal representative and/or a personal
representative’s counsel as expenses of administration:

(1) Court filing fees and other court costs;

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(2) Newspaper publication fees;

(3) Surety bond premium;

(4) Probate referee appraisal fees; and,

(5) Other expenses specifically approved by the court.

b. EXPENSES THAT MAY NOT BE REIMBURSED

Unless the requesting party demonstrates extraordinary circumstances, the
following will not ordinarily be reimbursed to a personal representative and/or a
personal representative’s counsel as expenses of administration:

(1) Secretarial and word processing time;

(2) Computer time, including expenses incurred in performing computerized
legal research;

(3) Local telephone calls;

(4) Facsimile transmissions;

(5) Local mileage and parking;

(6) Postage, including fees for delivery by a parcel service;

(7) Photocopies; and,

(8) Travel and meals.

(Rule 7.72 renumbered effective July 1, 2018; adopted as Rule 7.33 effective January 1,
2013; previously amended effective January 1, 2018.)

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(1) If a Spousal Property Petition seeks to confirm and/or transfer property
alleged to be community property or quasi-community property in whole
or in part, the petitioner shall comply with the requirements in this rule.

(2) Notwithstanding (1), supra, the requirements of subdivision (b) shall not
apply if:

(a) The entire estate of the decedent passes to the surviving spouse
under a will or pursuant to interstate succession; and,

(b) One of the following is true:

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

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

3. The decedent and surviving spouse executed a written
agreement which transmuted or confirmed the subject property to
community property and the date of acquisition of the subject
property is alleged.

(c) If (b)(2) or (b)(3) above applies, copies of all such agreements
must be attached to the petition.

(Subd. (a) adopted effective January 1, 2018.)

b. CONTENTS OF PETITION

(1) The petition shall state the date and place of marriage between the
decedent and surviving spouse.

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(2) The petition shall give a description and approximate values of real and
personal property owned by the decedent on the date of marriage and a
statement concerning the property’s disposition, if any.

(3) If the decedent and a surviving spouse were not domiciled in California at
the time of marriage or resided in another state at any point following
marriage, the petition shall provide the approximate dates the decedent
and a surviving spouse resided in California.

(4) For each personal property asset at issue in the petition, the petition shall
state:

(a) The approximate date of the asset’s acquisition;

(b) The source of funds used to acquire the asset;

(c) The form of title at the time of the asset’s acquisition, if any;

(d) A description of any changes to the form of title following
acquisition, if any;

(e) The form of title on the decedent’s date of death, if any;

(f) Facts upon which the claim of community or quasi-community
property is based; and,

(g) If the asset at issue is an individual retirement account (“IRA”),
life insurance policy, or other asset that has a beneficiary
designation or “pay on death” designation, the status of that
designation as of the decedent’s date of death including the names
of beneficiaries or payees.

(5) For each real property asset at issue in the petition, the petition shall state:

(a) The approximate date of the asset’s acquisition;

(b) The source of funds used to acquire the asset;

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(c) The form of title at the time of the asset’s acquisition;

(d) A description of any changes to the form of title following
acquisition;

(e) The form of title on the decedent’s date of death;

(f) Written evidence of transmutations for all assets acquired or
transmuted on or after January 1, 1985; and,

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

(6) The petition shall include the following additional attachments:

(a) Where the petition affects title to real property, a copy of the
deed(s) showing vesting at the decedent’s date of death shall be
attached to the petition.

(b) If the petitioner claims one or more agreements exist that provide
for a non pro-rata division of the aggregate value of the community
property and/or quasi-community property, copies of the
agreement(s) shall be attached to the petition.

(c) If the asset in question was acquired on or after January 1, 1985 or
had the form of title changed on or after January 1, 1985, the
petition shall provide written evidence of the acquisition
documents and subsequent transmutations.

(d) Where 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.

(Subd. (b) adopted effective January 1, 2018.)

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c. PETITIONS WHERE THE DECEDENT DIED TESTATE

(1) If a Spousal Property Petition is based upon the decedent’s will or codicil,
the will or codicil shall be filed with the court prior to or concurrent with
the filing of the petition.

(2) An original will shall be deposited with the court pursuant to Probate Code
section 8200.

(3) If the original will has been deposited with a foreign jurisdiction (e.g.
another state or country), a duly authenticated copy of the will shall be
filed as an attachment to the petition.

(4) 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
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 section 6124.
(5) If a spouse's right to take under a will is conditioned on survival for a
specified period of time, no property will be set aside or confirmed to the
spouse until the expiration of the survivorship period.

(Subd. (c) adopted effective January 1, 2018.)

d. TERMINOLOGY

The following definitions shall apply to this rule:

(1) The term “Spousal Property Petition” shall include “Domestic Partner
Property Petition.”

(2) The term “spouse” shall include registered domestic partner under
California law and the equivalent in civil unions in other jurisdictions.

(3) The term “marriage” shall include registered domestic partnerships under
California law and equivalent civil unions in other jurisdictions.

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(4) The term “date of marriage” shall include the date a domestic partnership
is registered under California law and the date an equivalent civil union is
entered into in other jurisdictions.

(Subd. (d) adopted effective January 1, 2018.)

(Rule 7.73 renumbered effective July 1, 2018; adopted as Rule 7.34 effective January 1,
2018.)

7.74 DOCUMENTS SIGNED BY PERSON WITH POWER OF ATTORNEY

Any document filed with the court on behalf of an heir or beneficiary that is signed by a person with power of attorney for that heir or beneficiary shall include a copy of the power of attorney granting authority to execute such document. This includes but is not limited to waivers of accounting, waivers of bond, and distribution receipts.

(Rule 7.74 renumbered and amended effective January 1, 2019; adopted as Rule 7.32 effective July 1, 2010; renumbered as Rule 7.71 effective July 1, 2018.)

7.75 – 7.99 [RESERVED]

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7.100 TRUST BENEFICIARIES TO BE LISTED IN PETITION

All petitions involving a trust must set forth the names and last known addresses of all vested and contingent beneficiaries.

(Rule 7.100 amended effective January 1, 2019; adopted as Rule 7.45 effective July 1, 1988; amended and renumbered as Rule 7.50 effective July 1, 2009; renumbered effective July 1, 2018.)

7.101 TRUSTEE FEES

a. APPLICABILITY OF RULE

This rule applies to all trusts subject to the continuing jurisdiction of the court, to
petitions for approval of trustee compensation, and to objections to petitions for
trustee compensation.

(Subd (a) adopted effective July 1, 2009.)

b. PRESUMPTION OF REASONABLE COMPENSATION FOR TRUSTEES

Trustee compensation shall be presumed reasonable if it does not exceed 1% (one
percent) of the asset value of the estate. However, nothing in this rule limits the
court’s discretion to find as unreasonable a fee totaling less than 1%, or to approve
a trustee’s fee that exceeds 1%. The petition shall provide the asset value of the
estate used to calculate compensation and shall explain why that value is
appropriately used.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009;
amended effective January 1, 2012.)

c. REQUEST FOR ADDITIONAL COMPENSATION

A trustee may request fees in excess of 1% (one percent) of the asset value of the
estate. A trustee requesting such relief shall do one of the following:

(1) File a declaration from the beneficiaries indicating awareness of the fees
being requested and a statement waiving objection to those fees.

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(2) File a declaration detailing the services rendered justifying the fee
requested.
(Subd (c) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.46 effective July 1, 1988.)

(Rule 7.101 amended effective January 1, 2019; adopted as Rule 7.46 effective July 1,
1988; previously amended effective July 1, 1988; amended and renumbered as Rule 7.51
effective July 1, 2009; amended effective January 1, 2012; renumbered effective July 1,
2018.)

7.102 INFORMATION TO BE INCLUDED IN PETITIONS CONCERNING TRUSTS

All petitions concerning trusts shall indicate in the pleading title the Probate Code section(s) under which the petition is brought or which supports the relief requested. For example, a petition seeking orders concerning the internal affairs of a trust shall cite Probate Code section 17200 in the pleading title.

(Rule 7.102 renumbered effective July 1, 2018; adopted as Rule 7.52 effective July 1, 2009.)

7.103 GENERAL PROCEDURES FOR SPECIAL NEEDS TRUSTS

a. ESTABLISHMENT OF SPECIAL NEEDS TRUSTS IN SOLANO COUNTY

If a special needs trust is included as part of a minor’s compromise or other
judgment entered in Solano County, the following procedures shall be followed:

(1) A petition to approve the terms of the special needs trust shall be filed in
the civil action or as part of a petition to approve minor’s compromise. The
judge assigned to hear the civil action or the petition to approve minor’s
compromise shall approve the terms of the special needs trust per Probate
Code section 3604. The petition shall include the complete terms of the
proposed trust.

(2) Once so approved and signed, the original special needs trust instrument
and a copy of the order approving the trust shall be filed in the county in
which the trust is to be administered pursuant to that county’s procedures.
If the trust is to be administered in Solano County, the trust shall be filed in
a separate file and assigned a probate case number. No filing fee shall be

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charged for said filing as the trust instrument is the result of a petition filed
to approve a minor’s compromise claim per Probate Code section 3600 et
seq. (Gov. Code, § 70655.) If the original trust is unavailable for filing, a
copy of the entire executed trust instrument shall be filed concurrently with
an affidavit by the trustee stating why the original is not available for filing
and affirming that the copy is a true and correct copy of the executed trust
instrument.

(3) The party filing the special needs trust instrument per subsection (2) shall
file a notice in the civil action file or the minor’s compromise file indicating
the county in which the trust is being administered and the case number
assigned to the probate file containing the special needs trust.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009;
amended effective January 1, 2012.)

b. TRANSFER OF SPECIAL NEEDS TRUSTS INTO SOLANO COUNTY

Whenever a special needs trust is transferred into Solano County and the court file
being transferred does not contain the original special needs trust instrument, the
trustee shall provide the court with the original trust document within 90 days after
the court file is received by Solano County. If the original trust is unavailable for
filing, a copy of the entire executed trust instrument shall be filed concurrently with
an affidavit by the trustee stating why the original is not available for filing and
affirming that the copy is a true and correct copy of the executed trust instrument.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

(Rule 7.103 amended effective January 1, 2019; adopted as Rule 7.53 effective July 1,
2009; amended effective January 1, 2012; renumbered as Rule 7.103 effective July 1,
2018.)

7.104 ACCOUNTINGS AND REPORTS OF SPECIAL NEEDS TRUSTS

a. EXPENDITURES ON BEHALF OF BENEFICIARY

In all accountings for special needs trusts, the trustee shall provide an explanation
of any unusual or extraordinary expenses incurred by the trustee on behalf of the
beneficiary. These include, but are not limited to, payment of all expenses

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associated with real property partially owned by the trust, payment of automobile
insurance for a vehicle not owned by the trust, acquisition or maintenance of assets
not ordinarily used by a beneficiary with the beneficiary’s type of disability, and so
forth.

(Subd (a) adopted effective July 1, 2009.)

b. HIRING OF AGENTS

The court acknowledges that trustees of special needs trusts often hire agents to
advise them concerning the administration of the special needs trusts and the
provision of services to the beneficiary. A trustee hiring such an agent shall specify
in any report or accounting seeking approval of payment to said agent the type of
and need for the services provided by the agent. The trustee shall also include a
declaration from the agent concerning the hours spent working with the trustee and
the amount of compensation sought.

(Subd (b) adopted effective July 1, 2009.)

c. PARENTS AS CAREGIVERS TO CHILD AS BENEFICIARY

In an account or report indicating that a parent was hired to provide caregiver
services to his or her child, the trustee shall provide the following information:

(1) A description of the services rendered by the parent that are above and
beyond the care normally provided by a parent to a child.

(2) A description of the special skills possessed by the parent enabling him or
her to perform these services.

(3) The benefit to the beneficiary of having the parent perform the services
instead of a professional caregiver.

(4) The hours worked by the parent.

(5) The hourly rate being paid to the parent and a justification of that rate.
Justification may include a comparison to the rate charged by a professional
for the same or similar services.

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(6) Whether caregiving services are being provided through IHSS and if so, the
frequency and type of the services provided.

(7) Whether insurance is in place to cover the caregiver parent in case of injury
and if so, the amount of the periodic premium being paid by the parent or
the trust.

(Subd (c) adopted effective July 1, 2009.)

(Rule 7.104 renumbered effective July 1, 2018; adopted as Rule 7.54 effective July 1, 2009.)

7.105 COMPENSATION OF CONSERVATOR FROM TRUST

If a conservatee is also the beneficiary of a trust and the compensation of a conservator of

the person or estate, or his or her attorney, is sought from the trust in part or in whole, the conservator shall first seek approval of the compensation in the conservatorship matter. The petition shall include a declaration by the trustee as to whether there are sufficient funds in the trust to allow for the compensation sought. If the conservatorship of the estate has sufficient funds to pay for the requested compensation, the conservator shall explain why compensation is sought from the trust and not the estate. A trustee shall not pay a conservator’s compensation without a court order approving said compensation by the judge assigned to hear the conservatorship matter.

(Rule 7.105 renumbered effective July 1, 2018; adopted as Rule 7.55 effective July 1, 2009; amended effective January 1, 2012.)

7.106 TRUST ACCOUNTINGS FILED WITH THE COURT

Any time a petition seeking approval of a trust accounting is filed with the court, the filing party shall simultaneously submit to the court an additional courtesy copy of the petition and the accounting.

(Rule 7.106 renumbered effective July 1, 2018; adopted as Rule 7.56 effective July 1, 2010.)

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