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SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELESCHAPTER FOUR PROBATE DIVISION RULES .96GENERAL PROVISIONS .964.1APPLICABILITY OF RULES .96(a) Applicability of Rules .96(b) Rules of Construction .96(c) Jurisdiction.964.2EXCUSE FROM COMPLIANCE .964.3PROBATE COURT INFORMATION .96(a) Filing.96(b) Addresses and Telephone Numbers and Calendaring Information .964.4PROBATE ATTORNEY NOTES .96(a) Probate Notes Available on the Web .96(b) Clearing Probate Notes .96(c) Failure to Clear Probate Notes.964.5PROBATE CASE AND DOCUMENT COVER SHEET .974.6RESERVED .974.7RESERVED .974.8RESERVED .97HEARINGS, EX PARTE PROCEDURES, AND TRIALS .974.9SETTING OF PROBATE MATTER .974.10RESETTING PETITION .974.11PROBATE LAW AND MOTION.97(a) Setting Hearing for Law and Motion .97(b) Oppositions, Joinders, and Replies .974.12EX PARTE PROCEDURES .97(a) Timing .97(b) Preliminary Considerations .98(c) Ex Parte Procedure .984.13PROBATE HEARINGS CANNOT BE ADVANCED .984.14CONTINUANCE OF NON-TRIAL MATTERS .98-xxv-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(a)(b)(c)Matters Not Ready for Hearing .98Continuance Pursuant to Stipulation .98Notice of Continued Matter .994.15TRIAL ON CONTESTED MATTERS IN CENTRAL DISTRICT .99(a) Trial Setting .99(b) Joint Trial Statement .99(c) Contents of Joint Trial Statement .99(d) Continuance .100(e) Motions in Limine.1004.16RESERVED .1004.17RESERVED .1004.18RESERVED .1004.19RESERVED .100CONSOLIDATING AND RELATING CASES .1004.20RESERVED .1004.21CONSOLIDATION OF CASES .1004.22RELATED CASES .100(a) Related Probate Cases .100(b) Relating Probate Cases to Non-Probate Cases .1004.23RESERVED .1004.24RESERVED .1004.25RESERVED .1014.26RESERVED .101PLEADINGS .1014.27SUPPLEMENTAL AND AMENDED PLEADINGS .1014.28OPPOSITION AND REPLY PLEADINGS .1014.29ORDERS .101-xxvi-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(a)(b)(c)(d)(e)(f)Orders in Contested Proceedings .101Preparation of Order .101Court-Appointed Counsel Panel Attorney’s Approval of Order .101Content of Probate Order .101Riders and Exhibits .102Nunc Pro Tunc Order .1024.30ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OFDECEDENTS’ ESTATES .102(a) Issuance of Letters .102(b) Multiple Representatives .102(c) Confidential Supplement to Duties and Liabilities of PersonalRepresentative .1024.31RESERVED .1024.32RESERVED .1024.33RESERVED .1024.34RESERVED .102PROVISIONS COMMON TO VARIOUS CASE TYPESAND MISCELLANEOUS PROCEEDINGS .1034.35MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR AFIDUCIARY .1034.36NOTICE .103(a) Party Giving Notice .103(b) Undelivered Notice .1034.37PETITION TO DETERMINE TITLE TO REAL OR PERSONALPROPERTY .103(a) Caption and Setting .103(b) Notice of Hearing .1034.38APPRAISAL OF PERSONAL PROPERTY BEFORE SALE .1034.39SALE OF REAL PROPERTY SUBSEQUENT TO PUBLICATION .103(a) Published Notice for Private Sale of Real Property Estate .103(b) Sale of Specifically Devised Real Property .103(c) Increased Bid Form .104(d) Real Estate Commission .1044.40BORROWING AND REFINANCING .104(a) Petition .1044.41REDUCTION AND WAIVER OF BOND .104-xxvii-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(a)(b)(c)(d)Change in Bond or Substitution of Surety .104Description of Bond in Account .104Request for Bond Waiver in Decedent’s Estate Proceeding .104Appearance Required in Decedent’s Estate Proceeding .1044.42BANK STATEMENT AND BLOCKED ACCOUNT .104(a) Decedent’s Estate and Trust .104(b) Reconciliation .104(c) Confidential Financial Statement .104(d) Blocked Account .1054.43PAYMENT AND REIMBURSEMENT OF COSTS .105(a) Non-Reimbursable Costs .105(b) Discretionary Reimbursement .1054.44FINDINGS AS TO CHARACTER OF PROPERTY .105(a) Community or Quasi-Community Property Character of Assets .105(b) Supporting Documents .106(c) Copies of Deeds .106(d) Will as Basis for Passing Decedent’s Property.106(e) Petitioner Is Not the Spouse or Domestic Partner .106(f) Spousal or Domestic Property Petitions, Findings RegardingCharacter of Property.1064.45AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE .106(a) Decedent Died Testate .106(b) Decedent Died Intestate .1064.46RESERVED .1064.47RESERVED .1064.48RESERVED .1064.49RESERVED .106DECEDENT’S ESTATE PROCEEDINGS .1074.50APPOINTMENT OF SPECIAL ADMINISTRATOR .107(a) Notice .107(b) Preference .107(c) Bond .1074.51DECLINATION AND CONSENT TO ACT .107(a) Declination of Named Executor .107(b) Consent to Act .1074.52APPOINTMENT OF PUBLIC ADMINISTRATOR .107-xxviii-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(a)(b)Appointment .107Notice .1074.53CERTIFICATION OF WILLS AND CODICILS BY SELFREPRESENTED PARTY .1074.54FOREIGN LANGUAGE WILL .1074.55SUBSEQUENT PETITION FOR PROBATE.1074.56NOTICE TO CREDITORS .108(a) Known and Reasonably Ascertainable Creditors .108(b) Claims by Public Entities .1084.57CREDITOR’S CLAIMS .108(a) Creditor’s Claim by Personal Representative or Representative’sAttorney .108(b) Funeral and Interment Claims .1084.58NOTICE OF PROPOSED ACTION .108(a) Notice of Proposed Action .108(b) Notice Filed .108(c) Petition for Distribution .1084.59PETITION FOR FAMILY ALLOWANCE .108(a) Ex Parte Petition .108(b) Limitation on Period of Family Allowance .108(c) Reasonableness and Eligibility .1084.60HEIRSHIP DETERMINATION.109(a) Notice of Hearing .109(b) Notice to Attorney General.109(c) Contents of Petition .109(d) Genealogical Chart .109(e) Escheat .1094.61PETITION FOR INSTRUCTIONS .109(a) Limitations .109(b) Specifying Instruction.1094.62DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY ORPROPERTY DAMAGE.109(a) Wrongful Death Damages .109(b) Physical Injury or Property Damages .109(c) Court Approval .1094.63PETITION FOR PRELIMINARY AND FINAL DISTRIBUTION .109-xxix-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(a)(b)(c)Schedule of Creditors’ Claims .109Medi-Cal Recipient.110Heir Confined in a Correctional Facility .1104.64PAYMENT OF COSTS OF ADMINISTRATION .1104.65ALLEGATIONS REGARDING CREDITORS .1104.66MEDI-CAL NOTIFICATION .1104.67ALLEGATION RE CHARACTER OF PROPERTY .1104.68PROVISION RE SURVIVORSHIP .1114.69DESCRIPTION OF DISTRIBUTEES.111(a) Names and Addresses .111(b) Age of Minors and Others .1114.70ORDER ESTABLISHING TESTAMENTARY TRUSTS .111(a) Appointment of Testamentary Trustee Prior to Distribution .111(b) Order Establishing Testamentary Trust .1114.71DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY .111(a) Distribution to Minors .111(b) Distribution to Court Appointed Personal Representative of aDecedent’s Estate, Conservator of the Estate or Guardian of theEstate .1114.72POST-DECEASED DISTRIBUTEE DISTRIBUTION .112(a) Post-Deceased Distributee Died Testate.112(b) Post Deceased Distributee Died Intestate .1124.73ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE .112(a) Notification to Court.112(b) Written Assignment or Transfer of Interest .112(c) Distribution ‘‘Care of’’ Attorney .1124.74RECEIPT OF DISTRIBUTION .112(a) Distributee Receipt .112(b) Recorded Deed or Order in Lieu of Distributee’s Receipt .1124.75RESERVED .1124.76RESERVED .1124.77RESERVED .1124.78RESERVED .1124.79RESERVED .112-xxx-
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELESGUARDIANSHIP PROCEEDINGS .1124.80APPOINTMENT OF GUARDIAN .112(a) Single Petition for Multiple Minors.112(b) Notification Filed with Petition .112(c) Appointment of Non-Relative Guardian .1134.81GUARDIANSHIP ACCOUNT OR WAIVER OF ACCOUNT .113(a) Separate Accounting for Each Minor .113(b) Waiver of Accounting When a Ward Reaches Majority .1134.82RESERVED .
superior court of california county of los angeles -xxv- chapter four probate division rules .96File Size: 500KB
