Probate and Mental Health Rules
Current through July 1, 2025
Chapter 1 · Probate Rules
- 7.1 Probate Rules
- 7.10 Ex parte communications in proceedings under the Probate Code and certain other proceedings
- 7.1001 Guardian screening form
- 7.1002 Acknowledgment of receipt of Duties of Guardian
- 7.1002.5 Guardianship of ward 18 to 20 years of age Deadlines
- 7.1003 Confidential guardianship status report form Deadlines
- 7.1004 Termination of guardianship Deadlines
- 7.1005 Service of copy of final account or report after resignation or removal of guardian
- 7.1006 Service of copy of final account on termination of guardianship
- 7.1007 Settlement of accounts and release by former minor Deadlines
- 7.1008 Visitation by former guardian after termination of guardianship
- 7.1009 Standards of conduct for the guardian of the estate
- 7.101 Use of Judicial Council forms
- 7.1011 Taking possession of an asset of the ward at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution
- 7.1012 The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian
- 7.1013 Change of ward’s residence (Prob. Code, §2352) Deadlines
- 7.1014 Communications between courts in different California counties concerning guardianship venue
- 7.1015 Guardianship and certain conservatorship proceedings involving Indian children (Prob. Code, §§ 1449, 1459, 1459.5, 1460.2, 1511(b), (i); Welf. & Inst. Code, §§ 224-224.6; 25 U.S.C. §§ 1901-1963; 25 C.F.R. §§ 23.1-23.144) Deadlines
- 7.1016 Participation and testimony of wards in guardianship proceedings (Pro. Code, § 1514(b)(1); Fam Code, § 3042) Deadlines
- 7.102 Titles of pleadings and orders
- 7.1020 Special Immigrant Juvenile Findings in Guardianship Proceedings Deadlines
- 7.103 Signature and verification of pleadings
- 7.104 Execution and verification of amended pleadings, amendments to pleadings, and supplements to pleadings; use of Judicial Council forms
- 7.1050 Conservator forms
- 7.1051 Acknowledgment of receipt of Duties of Conservator
- 7.1059 Standards of conduct for the conservator of the estate
- 7.1060 Investigations and reports by court investigators
- 7.1061 Taking possession of an asset of the conservatee at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution
- 7.1062 The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator
- 7.1063 Change of conservatee’s residence; determination of level of care (Prob. Code, §§ 2352, 2352.5) Deadlines
- 7.1101 Scope, definitions, and general qualifications Deadlines
- 7.1102 Qualifications and annual education required for counsel appointed to represent a ward or proposed ward (Prob. Code, §§1456, 1470(a)) Deadlines
- 7.1103 Qualifications and annual education required for counsel appointed to represent a conservatee, proposed conservatee, or person alleged to lack legal capacity (Prob. Code, §§ 1456, 1470(a), 1471) Deadlines
- 7.1104 Local administration
- 7.1105 Certification of attorney qualifications Deadlines
- 7.150 Acknowledgment of receipt of statement of duties and liabilities of personal representative
- 7.2 Preliminary provisions
- 7.201 Waiver of bond in will
- 7.202 Two or more personal representatives
- 7.203 Separate bonds for individuals
- 7.204 Duty to apply for order increasing bond
- 7.205 Independent power to sell real property Deadlines
- 7.206 Bond upon sale of real property
- 7.207 Bonds of conservators and guardians
- 7.250 Report of actions taken under the Independent Administration of Estates Act
- 7.3 Definitions and use of terms
- 7.301 Spousal or domestic partner property petition filed with petition for probate
- 7.4 Waiver of rules in probate proceedings
- 7.401 Personal representative's action on the claim
- 7.402 Court's action on the claim
- 7.403 Listing all claims in the final report
- 7.451 Refusal to show property to prospective buyers
- 7.452 Petitioner or attorney required at hearing
- 7.453 Petition for exclusive listing
- 7.454 Ex parte application for order authorizing sale of securities or other personal property
- 7.5 Waivers of court fees in decedents' estates, conservatorships, and guardianships
- 7.50 Description of pleading in notice of hearing
- 7.501 Inventory and Appraisal to show sufficiency of bond
- 7.51 Service of notice of hearing
- 7.52 Service of notice when recipient's address unknown
- 7.53 Notice of hearing of amended or supplemented pleadings
- 7.54 Publication of Notice of Petition to Administer Estate
- 7.55 Ex parte application for order
- 7.550 Effect of waiver of account
- 7.575 Accounting of conservators and guardians
- 7.576 Final account of conservator of the estate
- 7.650 Decree of distribution establishing testamentary trusts
- 7.651 Description of property in petition for distribution
- 7.652 Allegations in petition for distribution concerning character of property
- 7.700 Compensation paid in advance
- 7.701 Allowance on account of statutory compensation
- 7.702 Petition for extraordinary compensation
- 7.703 Extraordinary compensation
- 7.704 Apportionment of statutory compensation
- 7.705 Calculation of statutory compensation
- 7.706 Compensation when personal representative is an attorney
- 7.707 Application of compensation provisions
- 7.750 Application of rules to guardianships and conservatorships
- 7.751 Petitions for orders allowing compensation for guardians or conservators and their attorneys
- 7.752 Court may order accounting before allowing compensation
- 7.753 Contingency fee agreements in guardianships and conservatorships
- 7.754 Use of paralegals in the performance of legal services for the guardian or conservator
- 7.755 Advance payments and periodic payments to guardians, conservators, and to their attorneys on account for future services
- 7.756 Compensation of conservators and guardians
- 7.776 Compensation of trustees
- 7.801 Objections and responses
- 7.802 Electronic filing and service in contested probate proceedings
- 7.901 Trustee's accounts
- 7.902 Beneficiaries to be listed in petitions and accounts
- 7.903 Trusts funded by court order
- 7.950 Petition for approval of compromise of claim or action or disposition of proceeds of judgment for minor or person with a disability
- 7.950.5 Petition for expedited approval of compromise of claim or action or disposition of proceeds of judgment for minor or person with a disability Deadlines
- 7.951 Disclosure of attorney's interest in petition for approval of compromise of claim
- 7.952 Attendance at hearing on the petition for approval of compromise of claim
- 7.953 Order for the deposit of funds of a minor or a person with a disability
- 7.954 Petition for the withdrawal of funds deposited for a minor or a person with a disability
- 7.955 Attorney's fees for services to a minor or a person with a disability
Chapter 2 · Mental Health Rules
- 7.2201 Title and purpose
- 7.2205 Definitions
- 7.2210 General provisions Deadlines
- 7.2221 Papers to be filed (§ 5975)
- 7.2223 Venue and transfer (§ 5973) Deadlines
- 7.2225 Persons who may file petition (§§ 5974, 5978)
- 7.2230 Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1))
- 7.2235 Notice of proceedings (§§ 5977-5977.3, 5979) Deadlines
- 7.2240 Joinder of local government entity (§ 5977.1(d)(4)) Deadlines
- 7.2301 Order to show cause (§ 5979(b)) Deadlines
- 7.2303 Participation in accountability hearings (§ 5979)