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California Rules of Court

(Revised January 1, 2024)

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Title 7. Probate Rules and Mental Health Rules
Division 1. Probate Rules
Chapter 1. General Provisions
Rule 7.1. Probate Rules
Rule 7.2. Preliminary provisions
Rule 7.3. Definitions and use of terms
Rule 7.4. Waiver of rules in probate proceedings
Rule 7.5. Waivers of court fees in decedents' estates, conservatorships, and guardianships
Rule 7.10. Ex parte communications in proceedings under the Probate Code and certain other proceedings
Chapter 2. Notices, Publication, and Service
Rule 7.50. Description of pleading in notice of hearing
Rule 7.51. Service of notice of hearing
Rule 7.52. Service of notice when recipient's address unknown
Rule 7.53. Notice of hearing of amended or supplemented pleadings
Rule 7.54. Publication of Notice of Petition to Administer Estate
Rule 7.55. Ex parte application for order
Chapter 3. Pleadings
Rule 7.101. Use of Judicial Council forms
Rule 7.102. Titles of pleadings and orders
Rule 7.103. Signature and verification of pleadings
Rule 7.104. Execution and verification of amended pleadings, amendments to pleadings, and supplements to pleadings; use of Judicial Council forms
Chapter 4. Appointment of Executors and Administrators
Rule 7.150. Acknowledgment of receipt of statement of duties and liabilities of personal representative
Rule 7.151. Reimbursement of graduated filing fee by successful subsequent petitioner [Repealed]
Chapter 5. Bonding of Personal Representatives, Guardians, Conservators, and Trustees
Rule 7.201. Waiver of bond in will
Rule 7.202. Two or more personal representatives
Rule 7.203. Separate bonds for individuals
Rule 7.204. Duty to apply for order increasing bond
Rule 7.205. Independent power to sell real property
Rule 7.206. Bond upon sale of real property
Rule 7.207. Bonds of conservators and guardians
Chapter 6. Independent Administration of Estates
Rule 7.250. Report of actions taken under the Independent Administration of Estates Act
Chapter 7. Spousal or Domestic Partner Property Petitions
Rule 7.301. Spousal or domestic partner property petition filed with petition for probate
Chapter 8. Petitions for Instructions [Reserved]
Chapter 9. Creditors' Claims
Rule 7.401. Personal representative's action on the claim
Rule 7.402. Court's action on the claim
Rule 7.403. Listing all claims in the final report
Chapter 10. Sales of Real and Personal Property
Rule 7.451. Refusal to show property to prospective buyers
Rule 7.452. Petitioner or attorney required at hearing
Rule 7.453. Petition for exclusive listing
Rule 7.454. Ex parte application for order authorizing sale of securities or other personal property
Chapter 11. Inventory and Appraisal
Rule 7.501. Inventory and Appraisal to show sufficiency of bond
Chapter 12. Accounts and Reports of Executors, Administrators, Conservators, and Guardians
Rule 7.550. Effect of waiver of account
Rule 7.551. Final accounts or reports in estates with nonresident beneficiaries [Repealed]
Rule 7.552. Graduated filing fee adjustments for estates commenced on or after August 18, 2003, and before January 1, 2008 [Repealed]
Rule 7.553. Graduated filing fee statements for decedents' estates commenced on or after January 1, 2008 [Repealed]
Rule 7.575. Accounting of conservators and guardians
Rule 7.576. Final account of conservator of the estate
Chapter 13. Taxes [Reserved]
Chapter 14. Preliminary and Final Distributions
Rule 7.650. Decree of distribution establishing testamentary trusts
Rule 7.651. Description of property in petition for distribution
Rule 7.652. Allegations in petition for distribution concerning character of property
Chapter 15. Compensation of Personal Representatives and Attorneys
Rule 7.700. Compensation paid in advance
Rule 7.701. Allowance on account of statutory compensation
Rule 7.702. Petition for extraordinary compensation
Rule 7.703. Extraordinary compensation
Rule 7.704. Apportionment of statutory compensation
Rule 7.705. Calculation of statutory compensation
Rule 7.706. Compensation when personal representative is an attorney
Rule 7.707. Application of compensation provisions
Chapter 16. Compensation in All Matters Other Than Decedents' Estates
Rule 7.750. Application of rules to guardianships and conservatorships
Rule 7.751. Petitions for orders allowing compensation for guardians or conservators and their attorneys
Rule 7.752. Court may order accounting before allowing compensation
Rule 7.753. Contingency fee agreements in guardianships and conservatorships
Rule 7.754. Use of paralegals in the performance of legal services for the guardian or conservator
Rule 7.755. Advance payments and periodic payments to guardians, conservators, and to their attorneys on account for future services
Rule 7.756. Compensation of conservators and guardians
Rule 7.776. Compensation of trustees
Chapter 17. Contested Hearings and Trials
Rule 7.801. Objections and responses
Rule 7.802. Electronic filing and service in contested probate proceedings
Chapter 18. Discovery [Reserved]
Chapter 19. Trusts
Rule 7.901. Trustee's accounts
Rule 7.902. Beneficiaries to be listed in petitions and accounts
Rule 7.903. Trusts funded by court order
Chapter 20. Claims of Minors and Persons With Disabilities
Rule 7.950. Petition for approval of compromise of claim or action or disposition of proceeds of judgment for minor or person with a disability
Rule 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
Rule 7.951. Disclosure of attorney's interest in petition for approval of compromise of claim
Rule 7.952. Attendance at hearing on the petition for approval of compromise of claim
Rule 7.953. Order for the deposit of funds of a minor or a person with a disability
Rule 7.954. Petition for the withdrawal of funds deposited for a minor or a person with a disability
Rule 7.955. Attorney's fees for services to a minor or a person with a disability
Chapter 21. Guardianships
Rule 7.1001. Guardian screening form
Rule 7.1002. Acknowledgment of receipt of Duties of Guardian
Rule 7.1002.5. Guardianship of ward 18 to 20 years of age
Rule 7.1003. Confidential guardianship status report form
Rule 7.1004. Termination of guardianship
Rule 7.1005. Service of copy of final account or report after resignation or removal of guardian
Rule 7.1006. Service of copy of final account on termination of guardianship
Rule 7.1007. Settlement of accounts and release by former minor
Rule 7.1008. Visitation by former guardian after termination of guardianship
Rule 7.1009. Standards of conduct for the guardian of the estate
Rule 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
Rule 7.1012. The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian
Rule 7.1013. Change of ward's residence
Rule 7.1014. Communications between courts in different California counties concerning guardianship venue
Rule 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)
Rule 7.1016. Participation and testimony of wards in guardianship proceedings
Rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings
Chapter 22. Conservatorships
Rule 7.1050. Conservator forms
Rule 7.1051. Acknowledgment of receipt of Duties of Conservator
Rule 7.1052. Termination of conservatorship [Repealed]
Rule 7.1053. Service of final account of removed or resigned conservator [Repealed]
Rule 7.1054. Service of final account after termination of conservatorship [Repealed]
Rule 7.1059. Standards of conduct for the conservator of the estate
Rule 7.1060. Investigations and reports by court investigators
Rule 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
Rule 7.1062. The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator
Rule 7.1063. Change of conservatee's residence
Chapter 23. Appointed Counsel
Former Rule 7.1101. Qualifications and continuing education required of counsel appointed by the court in guardianships and conservatorships [Repealed]
Rule 7.1101. Scope, definitions, and general qualifications
Rule 7.1102. Qualifications and annual education required for counsel appointed to represent a ward or proposed ward (Prob. Code, §§1456, 1470(a))
Rule 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)
Rule 7.1104. Local administration
Rule 7.1105. Certification of attorney qualifications
Division 2. Mental Health Rules
Chapter 1. [Reserved]
Chapter 2. CARE Act Rules
Article 1. Preliminary Provisions
Rule 7.2201. Title and purpose
Rule 7.2205. Definitions
Rule 7.2210. General provisions
Article 2. Commencement of Proceedings
Rule 7.2221. Papers to be filed
Rule 7.2223. Venue and transfer (§ 5973)
Rule 7.2225. Petitioner (§§ 5974, 5978)
Rule 7.2230. Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1))
Article 3. Notice and Joinder
Rule 7.2235. Notice of proceedings (§§ 5977-5977.3, 5979)
Rule 7.2240. Joinder of local government entity (§ 5977.1(d)(4))
Article 4. Accountability
Rule 7.2301. Order to show cause (§ 5979(b))
Rule 7.2303. Participation in accountability hearings (§ 5979)