Marin Superior Court Document Filing Requirements

WARNINGCivil cases

Applies to

Order

An order granting the petition should normally be limited in duration—usually to no more than six months—or limited to a specific purpose.

An order granting the petition should normally be for a limited period of time, usually not to exceed 6 months, or for a specific and limited purpose.

WARNING

Applies to

Waiver of account

The Court may accept an account waiver only in the specified termination circumstances and, in a death case, with the required written waivers from competent adults.

Waivers of Account will be accepted in the Court's discretion only in the following instances: 1. When the proceeding is terminated by Court order and the conservatee thereafter waives an account; 2. When the proceeding is terminated by death of the conservatee and (a) there is no Will and a written waiver is obtained from all of the conservatee's heirs, or (b) there is a Will and a written waiver is obtained from the personal representative and the beneficiaries under the Will after the order admitting the Will has become final. Waivers will be accepted only from heirs or beneficiaries who are competent adults.

WARNING

Applies to

Receipt for court investigator fees

A receipt for the court investigator fees should be on file.

A receipt for the fees should be on file.

WARNING

Applies to

Declaration of Eligibility for Appointment (JV-700)

The Court may require counsel to complete and submit a Declaration of Eligibility for Appointment (JV-700).

Note, the Court may require counsel to complete and submit a Declaration of Eligibility for Appointment (JV-700).

WARNINGCivil cases

Applies to

Decree

When the stated conditions apply, the decree should direct distribution to the beneficiary’s named personal representative or, where applicable, the person or persons entitled under Probate Code § 13100.

When a beneficiary dies during the administration of an estate and survives any survival period stated in the Will, the decree should provide for distribution to the named personal representative of the estate of the beneficiary or where applicable, to the person(s) entitled thereto under Probate Code § 13100.

WARNING

Applies to

Research request by mail

Mailed research requests must include a properly stamped self-addressed envelope and a check payable to the Court, with the specified memo-line amount.

If submitting research requests by mail, requestors must enclose a self-addressed stamped envelope with proper postage and a check made out to Marin County Superior Court. On the memo line, write “amount not to exceed $35,” if the amount of the research is unknown, or the amount previously provided by the Court.

WARNINGCivil cases

Applies to

Order directing report

Counsel or a self-represented petitioner should prepare an order directing the Golden Gate Regional Center to report on the powers requested.

Counsel or the self-represented petitioner should prepare an order directing the Golden Gate Regional Center to prepare a report on the powers requested by the proposed limited conservator.

WARNING

Applies to

Declaration

In circumstances where appropriate, counsel should file a declaration to assist the Court.

Where appropriate, counsel should file a declaration to assist the Court.

WARNING

Applies to

Letter plea

Represented counsel may appear under Penal Code §977 and enter a letter plea using the Court’s Arraignment Plea and Counsel Form (CR016).

If a defendant is represented by counsel, said counsel may appear pursuant to Penal Code §977 and enter a letter plea by filling out the Court’s Arraignment Plea and Counsel Form (CR016).

WARNINGCivil cases

Applies to

Order for probate

To obtain appointment of a Probate Referee, the appropriate box on the Order for Probate should be checked.

A. Procedure for Request. To obtain appointment of a Probate Referee, the appropriate box on the Order for Probate should be checked.

WARNING

Applies to

Petition for probate

The petition should include a statement of applicable law.

and should include a statement of applicable law.

WARNINGCivil cases

Applies to

Trustee declination

A written declination should be filed by or on behalf of a trustee who declines to act.

A written declination should be filed by or on behalf of the trustee who does not choose to act.

WARNINGCivil cases

Applies to

Petition

If a will has interlineations or deletions, the petition should explain the alteration and support the petitioner’s position.

Where the will offered for probate contains alterations by interlineation or deletion on the face, the petition for probate should contain allegations to explain the alteration and support petitioner’s position in the matter.

WARNING

Applies to

Blocked account receipt

When sale proceeds are to be placed in a blocked account, the matter will be placed on the following week’s probate calendar to verify that the account receipt is on file.

If proceeds are to be placed in a blocked account, the matter will be placed on the following week's probate calendar for verification that a receipt for the blocked account is on file.

WARNINGCivil cases

Applies to

Petition for confirmation of sale

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.

WARNING

Applies to

Report

The Social Worker must complete the report, print it, and obtain the required signatures.

The Social Worker will complete the remaining sections of the report, print it out and obtain required signatures.

WARNINGCivil cases

Applies to

Petition for distribution

If a disclaimer has been filed, the petition should state its filing date, the person disclaiming, the affected property, and who is entitled to receive that property.

If a disclaimer has been filed, the Petition for Distribution should set forth the date of filing, the person disclaiming, the property of the estate affected, and the person or persons entitled to receive distribution of the property disclaimed.

WARNING

Applies to

Transfer of estate planning documents

The form presented to the Clerk for transferring estate planning documents is local form PR014.

Guidelines and the form to be presented to the Clerk (local form PR014) are available in the Clerk’s Office and online at www.marin.courts.ca.gov.

WARNING

Applies to

Decree

When a beneficiary dies during estate administration after surviving any will-imposed survival period, the decree should provide for distribution to the beneficiary’s named personal representative or, where applicable, the person or persons entitled under Probate Code § 13100.

When a beneficiary dies during the administration of an estate and survives any survival period stated in the Will, the decree should provide for distribution to the named personal representative of the estate of the beneficiary or where applicable, to the person(s) entitled thereto under Probate Code § 13100.

WARNING

Applies to

Deposition notice

A deposition notice for a bifurcated deposition must conspicuously state the election and identify the issues to be addressed.

Parties electing to conduct a bifurcated deposition under this rule shall, in the deposition notice, conspicuously state such election and clearly specify the issue(s) to be addressed at the bifurcated deposition.

WARNING

Applies to

Placement documentation

The non-lead agency must share available information and documentation needed for out-of-home placement within three working days after the Court designates dual status.

• Sharing all necessary information and documentation including, but not limited to birth certificate, immunization records, social security card, etc. to aid in out-of-home placement (This information shall be provided within three (3) workings days after dual status is designated by the Court if available)

WARNING

Applies to

Notice of intention to sell real property

If the estate prefers all cash but will accept part cash and part credit, the notice should include the specified credit-terms language.

If the estate would prefer all cash but will accept part cash and part credit, the notice should include the following language: “All cash, or part cash and part credit, the terms and conditions of credit as acceptable to the fiduciary and the Court."

WARNING

Applies to

Discovery facilitator submission

After receiving the appointment notice, the parties must promptly deliver the pleadings and discovery needed to facilitate resolution to the facilitator.

Upon receipt of the “Notice of Appointment of Discovery Facilitator,” the parties shall promptly deliver to the Discovery Facilitator copies of such pleadings and discovery as is necessary to facilitate resolution of the dispute.

WARNING

Applies to

Quarterly update

Each supervisor with assigned 241.1 cases must submit a quarterly update to the management team that documents collaboration, updates to the unified case plan, and placement and progress toward goals.

A quarterly update will be submitted to the 241.1 management team by each supervisor who has 241.1 cases assigned to their team. This report will include: a) Documentation of collaboration/ communication. b) Any updates to unified case plan c) Update on placement and progress toward goals

WARNINGCivil cases

Applies to

Petition

The petition should include a declaration to assist the Court in deciding whether to require bond for unsecured debts.

The petition should include a declaration to assist the Court in its determination.

WARNINGCivil cases

Applies to

Request to set aside default

Must include

proposed order

Parties may seek to set aside a default by submitting a stipulation with a proposed order.

Parties may seek to set aside a default by a stipulation submitted with a proposed order.

WARNINGCivil cases

Applies to

Compensation application

A compensation application should request compensation for work performed and costs incurred during the accounting period.

Compensation should be requested for work performed and costs incurred during the period of the accounting.

WARNING

Applies to

Judgment

The Court will not divide community property or confirm separate property unless the stated condition is met, but the excerpt cuts off before the condition is complete.

No division of community property (assets or debts) or confirmation of separate property will be ordered, unless there is either an attached

WARNING

Applies to

Community service work timesheet

Defendants must use timesheets to record community service hours and obtain an authorized representative’s signature verifying the hours.

Timesheets for the defendant to record CSW hours and obtain the signature of an authorized representative, verifying that the hours have been performed;

WARNING

Applies to

Accounting waiver

An accounting may be waived if each person entitled to distribution files a written waiver or acknowledgment of receipt of their distribution.

Waiver of accounting is permitted when each person entitled to distribution files either a written waiver of accounting or a written acknowledgment that the distributee has already received that to which he/she is entitled.

WARNING

Applies to

Consent to electronic filing and service

Self-represented parties are encouraged to agree to electronic filing and service, and may agree by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Judicial Council Form EFS-005-CV).

Self-represented parties are encouraged to agree to electronic filing and service, and may agree by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Judicial Council Form EFS-005-CV).

WARNINGCivil cases

Applies to

Petition for withdrawal

Withdrawals before majority are disfavored, except for medical emergencies or unusual needs a parent cannot meet.

Withdrawals are disfavored except in cases of medical emergencies or unusual needs which a parent is unable to meet.

WARNING

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.

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.

WARNINGCivil cases

Applies to

Proposed order

To receive a file-endorsed copy by mail after submitting a proposed order by mail, drop box, or in person, submit a self-addressed, prepaid envelope with the proposed order.

If submitted via mail, drop box, or in person: the Probate Clerk will return a file endorsed copy by mail if a self-addressed, pre-paid envelope is submitted with the proposed order.

WARNING

Applies to

Petition

The petition should set forth the approximate bond, and the purpose for which the withdrawal is being made.

The petition should set forth the approximate bond, and the purpose for which the withdrawal is being made.

WARNING

Applies to

Minor claim compromise application

Applications may not include as reimbursement items medical costs covered by insurance available to the minor or the minor’s parents.

Medical costs covered by medical insurance available to the minor or the minor’s parents shall not be included as items of reimbursement.

WARNING

Applies to

Petition for probate

If an heir or devisee died after the decedent, the petition should identify the person as deceased and give 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.

WARNINGCivil cases

Applies to

Estate planning document

Only estate planning documents held by an attorney for safekeeping may be transferred to the Clerk under Probate Code § 732.

Only estate planning documents held by an attorney for safekeeping may be transferred to the Clerk of the Court under Probate Code § 732.

WARNING

Applies to

Facilitator selection rejection

If the parties cannot agree on a facilitator, each side must submit a written rejection identifying no more than one unacceptable name.

If the parties cannot agree on a Facilitator, then within such 10 calendar day period, each side shall submit a written rejection to the ADR Coordinator identifying no more than one name on the list of potential Facilitators that is not accepted.

WARNING

Applies to

Petition

If a spousal election was made, the petition should state when the election documents were filed and the nature of the election.

D. Community and Quasi Community Property Elections. If a spousal election has been made, the date of the filing of the documents exercising such election and the nature of the election should be set forth in the petition.

WARNINGCivil cases

Applies to

Order for depository transfer

C. Direct Transmittal to Depository. If the assets to be deposited are in the possession of a bank, savings and loan association or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary.

C. Direct Transmittal to Depository. If the assets to be deposited are in the possession of a bank, savings and loan association or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary.

WARNING

Applies to

Petition for distribution

If a disclaimer was filed, the petition for distribution should identify the filing date, disclaimant, affected property, and person or persons entitled to receive it.

C. Disclaimers. If a disclaimer has been filed, the Petition for Distribution should set forth the date of filing, the person disclaiming, the property of the estate affected, and the person or persons entitled to receive distribution of the property disclaimed.

WARNING

When a prior court order is relevant, filings should identify its filing date and pertinent language, or provide an undisputed summary.

Where a prior order of the Court is relevant, a reference should be made to the date the order was filed and the pertinent language of the order (or a summary if not in dispute).

WARNING

Applies to

Petition

If the personal representative is not a California resident, the Court may require bond for the decedent’s unsecured debts, and the petition should include a declaration to assist the Court.

When the personal representative is not a resident of California, the Court may require bond for any unsecured debts of Decedent. The petition should include a declaration to assist the Court in its determination.

WARNING

Applies to

Quarterly update

Each supervisor with assigned 241.1 cases must submit a quarterly update covering collaboration, unified case plan updates, and placement and goal progress.

A quarterly update will be submitted to the 241.1 management team by each supervisor who has 241.1 cases assigned to their team. This report will include: a) Documentation of collaboration/ communication. b) Any updates to unified case plan c) Update on placement and progress toward goals

WARNINGCivil cases

Applies to

Petition for appointment of conservator

The conservatorship appointment requirements list the Confidential Conservator Screening form, Judicial Council Form GC-314.

Confidential Conservator Screening (Judicial Council Form GC-314).

WARNING

Applies to

Proposed order

Proposed orders generally may not accompany moving papers before a regularly noticed motion or RFO hearing, unless the court orders otherwise or a statute or court rule requires it.

Proposed orders may not be submitted with moving papers before a hearing on a regularly-noticed motion or RFO unless ordered by the court or if otherwise required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors’ claims, orders on objections to evidence in summary judgment motion, pro hac vice applications, applications for writs of attachment, etc.).

WARNING

Applies to

Petition for distribution

E. Change of Ownership. If real property is or was an asset of the estate, any petition for distribution of real property should allege that the change of ownership report was filed with the County Recorder or assessor of each county in which any real property included in the inventory is located.

E. Change of Ownership. If real property is or was an asset of the estate, any petition for distribution of real property should allege that the change of ownership report was filed with the County Recorder or assessor of each county in which any real property included in the inventory is located.

WARNINGCivil cases

Applies to

Petition for distribution

If a spousal election has been made, the petition should state the filing date of the election documents and the nature of the election.

If a spousal election has been made, the date of the filing of the documents exercising such election and the nature of the election should be set forth in the petition.

WARNINGCivil cases

Applies to

Petition for distribution of real property

If real property is or was an asset of the estate, any petition for distribution of real property should allege that the change of ownership report was filed with the County Recorder or assessor of each county in which any real property included in the inventory is located.

If real property is or was an asset of the estate, any petition for distribution of real property should allege that the change of ownership report was filed with the County Recorder or assessor of each county in which any real property included in the inventory is located.