Rule 7.575. Accounts of conservators and guardians
This rule defines standard and simplified accountings filed by conservators and guardians under Probate Code section 2620(a), provides when each type of accounting must or may be filed, and prescribes the use of Judicial Council accounting forms in both types of accountings.
(a) Standard and simplified accountings
A standard accounting lists receipts and disbursements in subject-matter categories, with each receipt and disbursement category subtotaled. A simplified accounting lists receipts and disbursements chronologically, by receipt or payment date, without subject-matter categories.
(b) Standard accounting authorized or required
A conservator or guardian may file any accounting required or authorized by Probate Code section 2620 as a standard accounting under this rule and must file a standard accounting if:
(1)The estate contains income real property;
(2)The estate contains a whole or partial interest in a trade or business;
(3)The appraised value of the estate is $500,000 or more, exclusive of the conservatee's or ward's personal residence;
(4)Except as provided in (c), Schedule A (receipts) or Schedule C (disbursements) prepared in a simplified accounting format exceeds five pages in length; or
(5)The court directs that a standard accounting be filed.
(c) Simplified accounting authorized
A conservator or guardian may file a simplified accounting in all cases not listed in (b). If required by this rule to file a standard accounting only because a receipts or disbursements schedule is longer than five pages under (b)(4), a conservator or guardian may file a simplified accounting, except for that schedule, which must be prepared in a standard accounting format.
(d) Standard and simplified accounting forms
Judicial Council forms designated as GC-400 are standard accounting forms. Forms designated as GC-405 are simplified accounting forms. Forms designated as GC-400/GC-405 are forms for both standard and simplified accountings. Each form is also designated by a suffix following its accounting designator that identifies the form's intended use, based either on the form's schedule letter as shown in the Summary of Account (form GC-400(SUM)/GC-405(SUM)) or the form's subject matter.
(e) Mandatory and optional forms
(1)Judicial Council accounting forms adopted as mandatory forms must be used by standard and simplified accounting filers. Judicial Council accounting forms approved as optional forms may be used by all accounting filers. Judicial Council accounting forms designated as GC-400/GC-405 that are approved as optional forms may be used by standard accounting filers but must be used by simplified accounting filers.
(2)Standard accounting filers electing not to use optional Judicial Council accounting forms must:
(A)State receipts and disbursements in the subject-matter categories specified in the optional Judicial Council forms for receipts and disbursements schedules;
(B)Provide the same information about any asset, property, transaction, receipt, disbursement, or other matter that is required by the applicable Judicial Council accounting form; and
(C)Provide the information in the same general layout as the applicable Judicial Council accounting form, but instructional material contained in the form and material contained or requested in the form's header and footer need not be provided.
(f) Required information in all accounts
Notwithstanding any other provision of this rule and the Judicial Council accounting forms, all standard and simplified accounting filers must provide all information in their accounting schedules or their Summary of Account that is required by Probate Code sections 1060-1063 and must provide all information required by Probate Code section 1064 in the petition for approval of their account or the report accompanying their account.
Rule 7.575 adopted effective January 1, 2008.