Marin Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

For affected personal property, the petition must state with particularity the property’s location and description and the decedent’s interest in it.

If personal property is affected, the location and description of the property and the decedent's interest therein must be set forth with particularity.

CRITICALCivil cases

Applies to

Receipt and agreement of depository

The required depository receipt and agreement must be filed before Letters are issued.

A. Before Issuance of Letters. The receipt and agreement of depository required by the Probate Code must be filed prior to the issuance of Letters.

CRITICALCivil cases

Applies to

Order

For funds deposited in a blocked account, the order must direct payment of any ordered fees and costs to the persons entitled to them, direct the remaining funds to the selected depository, and specify its name and address.

Where the minor's funds are to be deposited in a blocked account, the order must provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified.

CRITICALCivil cases

Applies to

Final report

The final report must show affirmative efforts to locate and notify known and reasonably ascertainable creditors.

A showing that affirmative efforts to locate and notify creditors, both known and reasonably ascertainable, is required under the Probate Code and must be set forth in the final report.

CRITICAL

Applies to

Evaluator complaint notice

A complaint notice must specify the challenged conduct and be provided and lodged with the Court within 20 days after the report issues.

Written notice of a complaint, specifying the conduct objected to, shall be provided to the evaluator and the other party and lodged with the Court by direct delivery to the judicial officer to whom the case is assigned for all purposes within twenty (20) days after issuance of the evaluation report.

CRITICAL

Applies to

Petition for final distribution

A final-distribution petition must state specifically how the estate will be distributed; a general reference to the will or intestate succession is insufficient.

The petition for final distribution must state specifically how the estate is to be distributed. A general allegation that distribution is "in accordance with the terms of the Will" or "in accordance with the laws of intestate succession" is insufficient.

CRITICAL

Applies to

Petition

A petition under these sections must state jurisdictional facts, payment amounts and payors, requested fees and cost reimbursement, requested relief, and why the relief best serves the minor’s interests.

A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement of the reasons that the requested relief will best serve the interests of the minor.

CRITICAL

Applies to

Supporting declaration

If the responding party was not contacted or did not agree to the proposed setting, the supporting declaration must explain why the hearing or service should occur on that date without consent.

responding party has not been contacted or has not agreed to the proposed setting, the supporting declaration shall clearly demonstrate why the hearing and/or service should be set on the proposed date without the consent of the responding party.

CRITICAL

Applies to

Final report

The final report must show affirmative efforts to locate and notify both known and reasonably ascertainable creditors, as required by the Probate Code.

A showing that affirmative efforts to locate and notify creditors, both known and reasonably ascertainable, is required under the Probate Code and must be set forth in the final report.

CRITICAL

Applies to

Support calculation and explanatory declaration

When child or temporary spousal support is at issue, a support calculation and explanatory declaration must be filed with the specified calculations and assumptions.

In all matters where child or temporary spousal support is an issue, a support calculation and explanatory declaration shall be filed, setting forth the assumptions and calculations utilized by that party to determine gross and net income figures, the amounts of child and spousal support calculated pursuant to current state law and/or guidelines, and any other assumptions used in calculating the support, including time-share, tax filing status, etc.

CRITICALCivil cases

Applies to

Declaration

If the moving party drops an appearance within five court days of the calendar date, the party must file a declaration explaining why it could not have been dropped sooner.

If the moving party drops an appearance within five (5) court days of when the matter is on calendar, the moving party shall file a declaration explaining to the Court why the appearance could not have been dropped sooner.

CRITICALCivil cases

Applies to

Verified petition for final distribution

If requested in the petition for final distribution, statutory compensation may be based on inventory values plus income and gains on sales, less losses, provided the figures are clearly stated in the verified petition under CRC 7.705(b).

As an alternative to basing statutory compensation on the inventory values alone, where the petition for final distribution so requests, the Court will allow such compensation to be based on the inventory values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly in the verified petition in accordance with CRC 7.705(b).

CRITICAL

Applies to

Evaluator complaint response

The evaluator must provide a written response, and the other party may do so, with responses lodged with the Court.

A written response from the evaluator (and the other party, at their election) shall be provided to both parties, as well as lodged with the court, no later than ten (10) days after the complaint was provided to the evaluator, the other party, and the Court.

CRITICALCivil cases

Applies to

Spousal property petition

An intestate spousal property petition must state the marriage date and precisely identify the property’s characterization.

In petitions where the decedent died intestate, the petition must contain the date of marriage and a precise identification of the property community, quasi community, or separate property.

CRITICALCivil cases

Applies to

Account report

The report accompanying an account must disclose actual or potential conflicts of interest or, if none are required, allege that no disclosures are required under the cited Probate Code sections.

The report accompanying an account shall include a disclosure of any actual or potential conflicts of interest as required by law. If no disclosures are required, the conservator shall include an allegation that no disclosures are required pursuant to Probate Code §§ 2111.5, 2351(d), 2359(c)(2), and 2403(c)(2).

CRITICAL

Applies to

Trust document

If a substituted-judgment petition seeks authorization to establish a trust, the trust document must comply with CRC 7.903.

If the petition requests authorization to establish a trust, the trust document must comply with the requirements of CRC 7.903.

CRITICALCivil cases

Applies to

Evidence

Evidence is required to overcome the presumption that a lost or destroyed will was revoked.

Evidence will be required to overcome the presumption of revocation.

CRITICAL

Applies to

Conservatorship petition

Every conservatorship petition must be accompanied by the Judicial Council form Confidential Supplemental Information.

All petitions for conservatorship must be accompanied by the Judicial Council form Confidential Supplemental Information.

CRITICAL

Applies to

Proposed order after hearing

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICALCivil cases

Applies to

Settlement conference statement

Where applicable, the settlement conference statement must comply with CRC 3.1380(c) and include a case summary, disputed factual and legal contentions with supporting authorities, and the date of the last face-to-face settlement discussion.

The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. A brief statement of the case; 2. A statement of facts including: (a) factual and legal contentions in dispute; and (b) citations of authorities which support legal propositions; 3. The date when the last face-to-face settlement discussion was held.

CRITICAL

Applies to

Reporting notes

Reporting notes must identify the recording date, Court department, and reporter.

The notes shall be labeled with the date recorded, the Court department, and the name of the reporter.

CRITICAL

Applies to

Proof of service

Must include

certificate of service

The moving party’s proof of service must indicate that the tentative-ruling notice was served; noncompliance may result in a continuance on the Court’s motion or at an aggrieved party’s request.

The moving party’s proof of service shall indicate that this notice has been served or the hearing may be continued on the Court’s own motion or on request of the party aggrieved by the non-compliance.

CRITICALCivil cases

Applies to

Order

If the petition for final distribution will not be filed by its fixed date, the order must require an additional estate status report on that date.

The Order must require the filing of an additional report of status of administration of estate on the date fixed for the Petition for Final Distribution if the petition is not to be filed by that date.

CRITICALCivil cases

Applies to

Petition to sell securities

A petition to sell securities must state a minimum sales price for securities not listed on an established exchange.

The petition for authority to sell securities must set forth a minimum sales price as to all securities except those listed on an established exchange.

CRITICALCivil cases

Applies to

Petition for probate

The petition must also list a devisee whose interest is contingent on the petition date or on an event.

In addition, if the interest of the devisee is contingent as of the date of the petition or the happening of an event, such as survivorship for a specific period, then the contingent devisee must also be listed.

WARNINGCivil cases

Applies to

Spousal property petition

The latest deed for real property should be attached to the petition.

A copy of the latest deed for any real property should be attached to the petition.

WARNINGCivil cases

Applies to

Additional bond

When a fiduciary’s bond must be increased, the Court favors filing an additional bond rather than a substitute bond.

B. Bond Increase. When the bond of a fiduciary must be increased, the Court favors filing of an additional bond rather than a substitute bond.

WARNING

Applies to

Bond

When a fiduciary’s bond must be increased, the Court prefers an additional bond over a substitute bond.

When the bond of a fiduciary must be increased, the Court favors filing of an additional bond rather than a substitute bond.

WARNING

Applies to

Accounting report

The report accompanying each accounting should contain a statement of the age, health, and whereabouts of the ward. In addition, the report should contain an allegation concerning the amount of bond currently in effect and should address the question of the adequacy thereof.

The report accompanying each accounting should contain a statement of the age, health, and whereabouts of the ward. In addition, the report should contain an allegation concerning the amount of bond currently in effect and should address the question of the adequacy thereof.

WARNING

Applies to

Government agency copy request

Governmental agencies requesting court records must include self-addressed stamped envelopes with enough postage to cover copying costs.

Governmental agencies requesting copies of court orders, filed documents, or other court records shall include self-addressed stamped envelopes with postage sufficient to cover the cost of their copies.

WARNING

Applies to

Petition for special letters of administration

The petition should include the specific reason indicating the necessity of the appointment.

The petition should include the specific reason indicating the necessity of the appointment.

WARNING

Applies to

Settlement record

In an unlimited civil case, the court may require settlement terms to be stated on the record or written and signed by all necessary parties, with the settlement entered in the minutes.

At the court’s discretion, in settlement of unlimited civil cases, the terms thereof shall be placed on the record by a court reporter or shall be reduced to writing and signed by all necessary parties, and the fact of the settlements shall be entered into the Court’s minutes.

WARNINGCivil cases

Applies to

Filing

If a conformed copy is desired for a submission made by mail, drop box, or in person, additional copies must be submitted.

If submitted via mail, drop box, or in person, and a conformed copy is desired, additional copies must be submitted.

WARNINGCivil cases

Applies to

Petition for additional powers

A conservator may petition for additional Probate Code powers at appointment or later; special powers require good cause, granted powers are tailored to the case, and the Court ordinarily will not grant authority to sell real property.

The Court may, on the petition of the conservator either at the time of appointment or later, grant additional powers to the conservator as authorized by the Probate Code. The Court does not favor the granting of Special Powers absent a showing of good cause. Any additional powers will be tailored to the specific circumstances of each case. Ordinarily, the Court will not grant the power to sell real property.

WARNING

Applies to

Minute order

When dual status is appropriate, the Court must identify the lead agency and document that finding in the minute order.

If the result of the 241.1 Hearing is that dual status pursuant to WIC § 300/602 is appropriate, the Court will order which agency should be "lead agency" and document that finding in the minute order.

WARNING

Applies to

Petition

In addition, the petition should provide the court with assurance that the amount requested for extraordinary services of the attorney and paralegal combined do not exceed the amount appropriate if the attorney provided the services without the paralegal's assistance.

In addition, the petition should provide the court with assurance that the amount requested for extraordinary services of the attorney and paralegal combined do not exceed the amount appropriate if the attorney provided the services without the paralegal's assistance.

WARNINGCivil cases

Applies to

Petition

The petition should state how the court should treat the interlineated portion and deletions, or make another appropriate request.

The petition should request that the interlineated portion be admitted or not admitted; that the deletions take effect or be disregarded; or make such other request as petitioner finds to be appropriate.

WARNING

Applies to

Guardian screening

The filing list includes a confidential Guardian Screening on Judicial Council Form GC-212.

3. Confidential Guardian Screening (Judicial Council Form GC-212).

WARNING

Applies to

Petition for conservatorship

This information should also be included in the petition for conservatorship.

This information should also be included in the petition for conservatorship.

WARNINGCivil cases

Applies to

Proposed order

When extraordinary compensation is requested, the amount requested should be inserted in the proposed order, even though the fees have not yet been allowed by the Court. If the Court allows a fee other than that requested, counsel may revise the order or have the Court change and initial the amount allowed.

When extraordinary compensation is requested, the amount requested should be inserted in the proposed order, even though the fees have not yet been allowed by the Court. If the Court allows a fee other than that requested, counsel may revise the order or have the Court change and initial the amount allowed.

WARNING

Applies to

Application for waiver of court fees and costs

A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

WARNINGCivil cases

Applies to

Petition

If no personal representative has been appointed, that fact should be alleged.

If no personal representative has been appointed, that fact should be alleged.

WARNING

Applies to

Referral log

The Managing Attorney must keep a log of referrals and make it available for inspection upon request.

In addition, a log of such referrals shall be kept by the Managing Attorney and shall be made available for inspection upon request.

WARNINGCivil cases

Applies to

Compensation application

A compensation application should state a specific amount rather than request only “reasonable fees.”

The application should request a specific amount and not merely "reasonable fees."

WARNING

Applies to

Order

When a fiduciary’s bond should be decreased, the Court prefers an order reducing liability on the existing bond over a substitute bond.

When the fiduciary's bond should be decreased, the Court favors using an order reducing the liability on the existing bond rather than a substitute bond.

WARNINGCivil cases

Applies to

Petition

If an heir or devisee died after the decedent, that person should be listed with the notation that he or she is deceased and the date of death.

If an heir or devisee died after the decedent, that person should be listed with the notation that he or she is deceased and the date of death.

WARNING

Applies to

Notice of intention to sell real property

When available, the notice should include the property’s street address or other common designation in addition to its legal description.

In addition to a legal description of the property, the notice should contain the street address or other common designation of the property, when available,

WARNINGCivil cases

Applies to

Fee request

A fee request may not include listed overhead expenses unless extraordinary circumstances apply.

Absent extraordinary circumstances, the fee request may not include expenses that are part of overhead such as clerical support, postage, photocopies, local mileage and parking, local telephone calls, or facsimile transmissions.

WARNING

Applies to

Petition

Where the estate has a partial interest in real property, all information in the petition should refer ONLY to the partial interest, including the overbid amount.

Where the estate has a partial interest in real property, all information in the petition should refer ONLY to the partial interest, including the overbid amount.

WARNINGCivil cases

Applies to

Beneficiary commission agreement

For a commission exceeding the normal schedule, the written agreement of affected beneficiaries should be obtained.

The written agreement of the affected beneficiaries to the allowance of such commission should be obtained.