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2020 California Rules of Court

Rule 7.575. Accounting of conservators and guardians

Unless waived by the court under Probate Code section 2628, a conservator or guardian of the estate must file accountings in the frequency, manner, and circumstances specified in Probate Code section 2620. The court may order accountings to be filed more frequently than required by the statute. An accounting must be filed as a standard accounting unless this rule authorizes filing a simplified accounting.

(a) Information required in all accountings

Notwithstanding any other provision of this rule or the Judicial Council accounting forms, each accounting filed with the court must include:

(1)  All information required by Probate Code section 1061 in the Summary of Account-Standard and Simplified Accounts (form GC-400(SUM)/ GC-405(SUM));

(2)  All information required by Probate Code sections 1062-1063 in the supporting schedules; and

(3)  All information required by Probate Code section 1064 in the petition for approval of the accounting or the report accompanying the petition.

(Sub (a) amended effective January 1, 2020.)

(b) Supporting documents

Each accounting filed with the court must include the supporting documents, including all original statements, specified in section 2620(c) of the Probate Code.

(1)  If a conservator or guardian receives a statement from the issuing institution in electronic form but not in paper form, the court has discretion to accept a computer-generated printout of that statement as an original in satisfaction of the requirements in section 2620(c) if:

(A)  The fiduciary submitting the printout verifies under penalty of perjury that the statement was received in electronic form and printed without alteration; and

(B)  The printout is an "original," as defined in Evidence Code section 255.

(2)  This rule does not authorize a fiduciary to submit, or a court to accept, a copy of a statement in support of an accounting filed under section 2620.

(Subd (b) adopted effective January 1, 2020.)

(c) Standard accounting authorized or required

A "standard accounting" reports receipts and disbursements in subject-matter categories, with each category subtotaled on a separate form. A conservator, guardian, or trustee must file each accounting as a standard accounting unless a simplified accounting is authorized in (d)(1).

(Subd (c) relettered and amended effective January 1, 2020; adopted as subd (b) effective January 1, 2008.)

(d) Simplified accounting

A "simplified accounting" reports individual receipts and disbursements chronologically, by receipt or payment date, without separating them into subject-matter categories.

(1)  A conservator, guardian, or trustee may file a simplified accounting only if all the following requirements are met:

(A)  The estate or trust contains no income-generating real property;

(B)  The estate or trust contains neither a whole nor a partial interest in a trade or business;

(C)  The appraised value of the estate or trust, excluding the value of the conservatee's or ward's personal residence, is less than $500,000; and

(D)  The court has not directed the fiduciary to file a standard accounting.

(2)  If the requirements in (1) are met, but either Schedule A, Receipts-Simplified Account (form GC-405(A)) or Schedule C, Disbursements-Simplified Account (form GC-405(C)) would be longer than five pages, the fiduciary must use the standard receipt forms-forms GC-400(A)(1)-(6)-or the standard disbursement forms-forms GC-400(C)(1)-(11)-as applicable, but may otherwise file a simplified accounting.

(subd (d) relettered and amended effective January 1, 2020; adopted as subd (C) effective January 1, 2008.)

(e) Judicial Council forms

The Judicial Council has approved two overlapping sets of forms for accountings in conservatorships and guardianships.

(1)  Forms intended for use in standard accountings are numbered GC-400.

(2)  Forms intended for use in simplified accountings are numbered GC-405.

(3)  Forms intended for use in both accounting formats bear both numbers.

(4)  Each form number is followed by a suffix-for example, GC-405(A)-to specify that form's intended use. The suffix indicates either the letter or the subject matter of the form's schedule.

(5)  The Summary of Account-Standard and Simplified Accounts (form GC-400(SUM)/GC-405(SUM)) must be used in all accountings.

(6)  Except for the Summary of Account, all standard accounting forms are optional. A fiduciary who files a standard accounting and elects not to use the Judicial Council forms must:

(A)  Report receipts and disbursements in the subject-matter categories specified on the Judicial Council standard accounting forms for receipts and disbursements schedules;

(B)  Provide the same information about any asset, property, transaction, receipt, disbursement, or other matter that is required on the applicable Judicial Council standard accounting form; and

(C)  Provide the information in the same general format as that of the applicable Judicial Council standard accounting form, except that instructional material and material contained or requested in the form's header and footer may be omitted.

(7)  Schedule A, Receipts-Simplified Account (form GC-405(A)) and Schedule C, Disbursements-Simplified Account (form GC-405(C)) must be used in all simplified accountings unless (d)(2) requires use of the standard forms for Schedule A or Schedule C.

(8)  A fiduciary filing a simplified accounting must use the appropriate form in the GC-405 series whenever the accounting covers an asset, a transaction, or an event to which that form applies.

(f) Order waiving an accounting

The court may make an order waiving an otherwise required accounting if all the conditions in Probate Code section 2628(a) are met. If the conservatee or ward owns a personal residence, the request for an order waiving the accounting must include, in addition to the information needed to verify that all the conditions in section 2628(a) are met, the following information and documents regarding the personal residence:

(1)  The street address of the residence;

(2)  A true copy of the most recent residential property tax bill;

(3)  A true copy of the declarations page from the homeowner's insurance policy covering the residence;

(4)  A true copy of the most recent statement for any mortgage or loan secured by the residence; and

(5)  A true copy of the most recent fee or dues statement for any homeowners' association or similar association.

(Subd (f) adopted effective January 1, 2020.)

Rule 7.575 amended effective January 1, 2020; adopted effective January 1, 2008; previously amended effective January 1, 2010.

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