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SUPERIOR COURT OF CALIFORNIA COUNTY OF …

SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. CHAPTER FOUR PROBATE DIVISION RULES ..91. GENERAL PROVISIONS ..91. APPLICABILITY OF RULES ..91. (a) Applicability of (b) Rules of Construction ..91. (c) EXCUSE FROM COMPLIANCE ..91. PROBATE COURT INFORMATION ..91. (a) (b) Addresses and Telephone Numbers and Calendaring Information ..91. PROBATE ATTORNEY NOTES ..91. (a) Probate Notes Available on the Web ..91. (b) Clearing Probate Notes ..91. (c) Failure to Clear Probate PROBATE CASE AND DOCUMENT COVER SHEET ..92. RESERVED ..92. RESERVED ..92. RESERVED ..92. HEARINGS, EX PARTE PROCEDURES, AND TRIALS ..92. SETTING OF PROBATE MATTER ..92. RESETTING PETITION.

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Transcription of SUPERIOR COURT OF CALIFORNIA COUNTY OF …

1 SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. CHAPTER FOUR PROBATE DIVISION RULES ..91. GENERAL PROVISIONS ..91. APPLICABILITY OF RULES ..91. (a) Applicability of (b) Rules of Construction ..91. (c) EXCUSE FROM COMPLIANCE ..91. PROBATE COURT INFORMATION ..91. (a) (b) Addresses and Telephone Numbers and Calendaring Information ..91. PROBATE ATTORNEY NOTES ..91. (a) Probate Notes Available on the Web ..91. (b) Clearing Probate Notes ..91. (c) Failure to Clear Probate PROBATE CASE AND DOCUMENT COVER SHEET ..92. RESERVED ..92. RESERVED ..92. RESERVED ..92. HEARINGS, EX PARTE PROCEDURES, AND TRIALS ..92. SETTING OF PROBATE MATTER ..92. RESETTING PETITION.

2 92. PROBATE LAW AND (a) Setting Hearing for Law and Motion ..92. (b) Oppositions, Joinders, and Replies ..92. EX PARTE PROCEDURES ..92. (a) Timing ..92. (b) Preliminary Considerations ..93. (c) Ex Parte Procedure ..93. PROBATE HEARINGS CANNOT BE ADVANCED ..93. CONTINUANCE OF NON-TRIAL MATTERS ..93. -xxv- SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. (a) Matters Not Ready for Hearing ..93. (b) Continuance Pursuant to Stipulation ..93. (c) Notice of Continued Matter ..94. TRIAL ON CONTESTED MATTERS IN CENTRAL DISTRICT ..94. (a) Trial Setting ..94. (b) Joint Trial (c) Contents of Joint Trial Statement ..94. (d) Continuance ..95. (e) Motions in RESERVED.

3 95. RESERVED ..95. RESERVED ..95. RESERVED ..95. CONSOLIDATING AND RELATING CASES ..95. RESERVED ..95. CONSOLIDATION OF CASES ..95. RELATED CASES ..95. (a) Related Probate Cases ..95. (b) Relating Probate Cases to Non-Probate Cases ..95. RESERVED ..95. RESERVED ..95. RESERVED ..96. RESERVED ..96. PLEADINGS ..96. SUPPLEMENTAL AND AMENDED PLEADINGS ..96. OPPOSITION AND REPLY PLEADINGS ..96. ORDERS ..96. -xxvi- SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. (a) Orders in Contested Proceedings ..96. (b) Preparation of Order ..96. (c) Probate Volunteer Panel ( PVP'') Attorney's Approval of Order ..96. (d) Content of Probate Order ..96. (e) Riders and (f) Nunc Pro Tunc Order.

4 97. ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF. DECEDENTS' ESTATES ..97. (a) Issuance of Letters ..97. (b) Multiple Representatives ..97. (c) Confidential Supplement to Duties and Liabilities of Personal Representative ..97. RESERVED ..97. RESERVED ..97. RESERVED ..97. RESERVED ..97. PROVISIONS COMMON TO VARIOUS CASE TYPES. AND MISCELLANEOUS PROCEEDINGS ..98. MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR A. FIDUCIARY ..98. NOTICE ..98. (a) Party Giving Notice ..98. (b) Undelivered Notice ..98. PETITION TO DETERMINE TITLE TO REAL OR PERSONAL. PROPERTY ..98. (a) Caption and Setting ..98. (b) Notice of Hearing ..98. APPRAISAL OF PERSONAL PROPERTY BEFORE SALE.

5 98. SALE OF REAL PROPERTY SUBSEQUENT TO PUBLICATION ..98. (a) Published Notice for Private Sale of Real Property Estate ..98. (b) Sale of Specifically Devised Real Property ..98. (c) Increased Bid Form ..99. (d) Real Estate Commission ..99. BORROWING AND REFINANCING ..99. (a) Petition ..99. REDUCTION AND WAIVER OF BOND ..99. -xxvii- SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. (a) Change in Bond or Substitution of Surety ..99. (b) Description of Bond in Account ..99. (c) Request for Bond Waiver in Decedent's Estate Proceeding ..99. (d) Appearance Required in Decedent's Estate BANK STATEMENT AND BLOCKED ACCOUNT ..99. (a) Decedent's Estate and Trust.

6 99. (b) Reconciliation ..99. (c) Confidential Financial Statement ..99. (d) Blocked Account ..100. PAYMENT AND REIMBURSEMENT OF COSTS ..100. (a) Non-Reimbursable Costs ..100. (b) Discretionary Reimbursement ..100. FINDINGS AS TO CHARACTER OF PROPERTY ..100. (a) Community or Quasi-Community Property Character of Assets ..100. (b) Supporting Documents ..101. (c) Copies of Deeds ..101. (d) Will as Basis for Passing Decedent's (e) Petitioner Is Not the Spouse or Domestic Partner ..101. (f) Spousal or Domestic Property Petitions, Findings Regarding Character of AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE ..101. (a) Decedent Died Testate ..101. (b) Decedent Died Intestate.

7 101. RESERVED ..101. RESERVED ..101. RESERVED ..101. RESERVED ..101. DECEDENT'S ESTATE PROCEEDINGS ..102. APPOINTMENT OF SPECIAL ADMINISTRATOR ..102. (a) (b) Preference ..102. (c) Bond ..102. DECLINATION AND CONSENT TO ACT ..102. (a) Declination of Named Executor ..102. (b) Consent to Act ..102. APPOINTMENT OF PUBLIC ADMINISTRATOR ..102. -xxviii- SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. (a) Appointment ..102. (b) CERTIFICATION OF WILLS AND CODICILS BY SELF- REPRESENTED PARTY ..102. FOREIGN LANGUAGE WILL ..102. SUBSEQUENT PETITION FOR PROBATE ..102. NOTICE TO CREDITORS ..103. (a) Known and Reasonably Ascertainable Creditors ..103. (b) Claims by Public Entities.

8 103. CREDITOR'S CLAIMS ..103. (a) Creditor's Claim by Personal Representative or Representative's Attorney ..103. (b) Funeral and Interment Claims ..103. NOTICE OF PROPOSED ACTION ..103. (a) Notice of Proposed Action ..103. (b) Notice Filed ..103. (c) Petition for Distribution ..103. PETITION FOR FAMILY ALLOWANCE ..103. (a) Ex Parte (b) Limitation on Period of Family Allowance ..103. (c) Reasonableness and Eligibility ..103. HEIRSHIP DETERMINATION ..104. (a) Notice of Hearing ..104. (b) Notice to Attorney (c) Contents of Petition ..104. (d) Genealogical Chart ..104. (e) PETITION FOR INSTRUCTIONS ..104. (a) Limitations ..104. (b) Specifying DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR.

9 PROPERTY (a) Wrongful Death Damages ..104. (b) Physical Injury or Property Damages ..104. (c) COURT Approval ..104. PETITION FOR PRELIMINARY AND FINAL DISTRIBUTION ..104. -xxix- SUPERIOR COURT OF CALIFORNIA . COUNTY OF LOS ANGELES. (a) Schedule of Creditors' (b) Medi-Cal (c) Heir Confined in a Correctional Facility ..105. PAYMENT OF COSTS OF ADMINISTRATION ..105. ALLEGATIONS REGARDING CREDITORS ..105. MEDI-CAL NOTIFICATION ..105. ALLEGATION RE CHARACTER OF PROPERTY ..105. PROVISION RE SURVIVORSHIP ..106. DESCRIPTION OF (a) Names and Addresses ..106. (b) Age of Minors and Others ..106. ORDER ESTABLISHING TESTAMENTARY TRUSTS ..106. (a) Appointment of Testamentary Trustee Prior to (b) Order Establishing Testamentary Trust.

10 106. DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY ..106. (a) Distribution to Minors ..106. (b) Distribution to COURT Appointed Personal Representative of a Decedent's Estate, Conservator of the Estate or Guardian of the Estate ..106. POST-DECEASED DISTRIBUTEE DISTRIBUTION ..107. (a) Post-Deceased Distributee Died (b) Post Deceased Distributee Died Intestate ..107. ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE ..107. (a) Notification to (b) Written Assignment or Transfer of Interest ..107. (c) Distribution Care of'' Attorney ..107. RECEIPT OF DISTRIBUTION ..107. (a) Distributee Receipt ..107. (b) Recorded Deed or Order in Lieu of Distributee's Receipt.


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