Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Petition for probate

A probate petition must include a written statement of the will’s testamentary words or their substance.

The petition for probate shall include a written statement of the testamentary words or their substance.

CRITICAL

Applies to

Petition to sell residence

The petition to sell the residence must include information that the sale was discussed with the conservatee as required by the Probate Code.

The petition shall include the information that the sale has been discussed with the conservatee pursuant to the Probate Code.

CRITICAL

Applies to

Ex parte application

All ex parte applications must comply with applicable California Rules of Court, including CRC 3.1200 et seq.

All applications must comply with applicable CRC rules (e.g., CRC 3.1200 et seq.)

CRITICALCriminal cases

Applies to

Financial qualification for community service work form

A defendant requesting community service work must complete the Financial Qualification form, Local Form CR080.

A defendant who requests CSW shall complete a Financial Qualification for Community Service Work (Local Form CR080).

CRITICALCivil cases

Applies to

Estate status report

Each estate status report must explain why the case remains open and state when the attorney expects to file the petition for final distribution.

All reports of status of administration of the estate shall explain why the case has not been closed and state when the attorney expects to file a petition for final distribution.

CRITICALCivil cases

Applies to

Amended petition

Wills or codicils not specifically mentioned in the petition must be presented in an amended petition.

Any other wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition

CRITICALCivil cases

Applies to

Petition

If the estate planning documents do not specifically identify assets to be transferred to the trust, the petition must substantiate that the decedent owned the property.

If the assets to be transferred to the trust are not specifically identified in the estate planning documents, then the petition shall provide substantiation that the property was owned by the decedent.

CRITICALCivil cases

Applies to

Attorney fee declaration

An attorney’s compensation request must be supported by a declaration under penalty of perjury stating the average hourly rate, results accomplished, and benefit to the conservatee or child under guardianship.

Attorneys’ compensation is allowed according to the work actually performed and must be supported by a declaration under penalty of perjury. The declaration must include the average hourly rate, results accomplished, and benefit to the conservatee or child under guardianship.

CRITICAL

Applies to

Court order

The order authorizing a change of residence must specify the place where the proposed conservatee may be placed.

The order shall specify the specific place where the placement is authorized.

CRITICALCivil cases

Applies to

Petition for probate

When listing second-generation heirs, the petition must name the deceased ancestor through whom they take and state that ancestor’s relationship to the decedent.

When second generation heirs are listed, the deceased ancestor through whom they take shall be named, along with the ancestor's relationship to decedent.

CRITICAL

Applies to

Civil case filing

Plaintiffs and cross-complainants must obtain blank forms CM-110 and CM-200 from the Court’s website.

From the Court’s website at www.marin.courts.ca.gov under Forms & Filing, Judicial Council Forms section, the plaintiff or cross-complainant shall obtain the following two documents: 4. A blank Case Management Statement (CM-110) 5. A blank Notice of Settlement of Entire Case (CM-200)

CRITICAL

Applies to

Income and expense declaration

An Income and Expense Declaration must include all facts relevant to the parties’ employment status, income, living arrangements, and payment of household expenses.

A completed Income and Expense Declaration shall include all facts relevant to the parties' employment status, income, living arrangements, and payment of household expenses.

CRITICAL

Applies to

Conformed copy request

A party requesting mailed conformed copies must provide a properly sized, sufficiently prepaid self-addressed envelope.

Parties requesting that the Court mail them conformed copies of their filings must provide a self-addressed stamped envelope of proper size and with sufficient postage.

CRITICAL

Applies to

Request to remove from calendar

A matter with opposition may be removed from calendar only by agreement, while an unopposed matter may be removed by the moving party; the Clerk’s Office must receive a signed written notice by noon on the tentative-ruling release date.

A matter with opposition on file may be taken off calendar only by agreement. An unopposed matter may be taken off calendar unilaterally by the moving party. The parties, their attorneys, or their authorized representatives shall so notify the Clerk’s Office in writing, no later than noon on the date the tentative ruling is to be released; otherwise, a tentative ruling will be issued. This notification shall be a written transmittal and shall be signed by the party and/or the attorney confirming that the matter is to be taken off calendar.

CRITICALCivil cases

Applies to

Motion or pleading filed on order shortening time

A motion or pleading filed on an order shortening time must identify that fact and the order’s file date on its caption page.

All motions or other pleadings filed on an order shortening time shall state on the caption page that the matter was brought on an order shortening time, with the file date of the order.

CRITICAL

Applies to

Request for order

Petitioners and respondents with minor children referred to Family Court Services for custody or visitation matters must submit a fully completed FCS Intake Sheet with the Request for Order.

Petitioners and Respondents with minor children who are referred to Family Court Services for custody and visitation matters are required to submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request for Order.

CRITICALCivil cases

Applies to

Demurrer, motion to strike, motion for judgment on the pleadings, motion for summary judgment or summary adjudication

The specified motions must include the operative pleading as an exhibit.

For demurrers, motions to strike, motions for judgment on the pleadings, and motions for summary judgment / summary adjudication, parties shall attach the operative pleading as an exhibit.

CRITICALCivil cases

Applies to

Declaration of non resolution

If the parties enter the Program after filing a discovery motion, the Declaration must identify the motion and hearing date in its caption and be filed and served at least five court days before the hearing.

If the parties entered the Program after filing a discovery motion, then the Declaration caption shall include the name of the motion and the date of the hearing, and the parties shall file and serve it no later than five (5) court days prior to the hearing.

CRITICAL

Applies to

Income and expense declaration

The declaration must disclose all employment benefits, in cash or in kind, including their amounts and a two-year history.

All employment benefits, whether in cash or in kind, with 2-year history and amounts.

CRITICAL

Applies to

Support calculation and explanatory declaration

When child or temporary spousal support is at issue, the party must file a support calculation and explanatory declaration with the specified calculations, assumptions, and any reasons for departing from guideline support.

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. If it is contended by either party that the guideline or presumed level of support is inappropriate, that party's declaration shall set forth their calculation of the amount alleged to be proper and the reasons therefor. Such declaration shall include all reasons or justifications urged by the party for varying from the guideline support levels.

CRITICALCivil cases

Applies to

Petition for probate

The petition must include copies of all instruments offered for probate.

Copies of all instruments offered for probate must be attached to the petition.

CRITICAL

Applies to

Discovery motion

Any discovery motion must be accompanied by a declaration describing the parties’ reasonable, good-faith attempt to resolve the dispute.

Parties must submit a declaration setting forth this reasonable and good faith attempt at resolution with any discovery motion, pursuant to Code of Civil Procedure section 2016.040.

CRITICALCivil cases

Applies to

Notice of change of residence

When the conservatee's address changes, the conservator must file Form GC-079 or GC-080 within the timeframe required by law.

Whenever the address of the conservatee is changed, the conservator must file a Pre-Move Notice of Change of Residence (Judicial Council Form GC-079) or a Post-Move Notice of Change of Residence (Judicial Council Form GC-080) within the timeframe required by law.

CRITICAL

Applies to

Petition for preliminary distribution

A petition for preliminary distribution must state the estimated value remaining, unpaid liabilities, why final distribution cannot yet be made, and when it will be made.

In addition to any other requirements, a petition for preliminary distribution must state the approximate value of the property remaining in the estate after the proposed distribution, an estimate of the total amount of unpaid taxes, unpaid claims and other liabilities, a statement of why final distribution cannot be made and when it will be made.

CRITICALCivil cases

Applies to

Decree of final distribution

The decree of final distribution must specify the permitted uses of any retained funds.

The decree of final distribution must specifically set forth the use that may be made of retained funds (e.g. income taxes, closing costs, property tax reassessment, etc.).

CRITICAL

Applies to

Petition for substituted judgment

A petition for substituted judgment must comply with Probate Code § 2583.

The petition must comply with the requirements of Probate Code § 2583.

CRITICAL

Applies to

Notice of change of residence

When the conservatee's address changes, the conservator must file the applicable pre-move or post-move notice within the time required by law.

Whenever the address of the conservatee is changed, the conservator must file a Pre-Move Notice of Change of Residence (Judicial Council Form GC-079) or a Post-Move Notice of Change of Residence (Judicial Council Form GC-080) within the timeframe required by law.

CRITICAL

Applies to

Discovery evidence

A party relying on discovery materials must properly authenticate the evidence.

A party relying on discovery materials such as interrogatory answers, deposition testimony, or responses to requests for admissions shall properly authenticate such evidence.

CRITICALCivil cases

Applies to

Petition for conservatorship

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.

CRITICALCivil cases

Applies to

Compensation request

Every compensation request must be supported by a declaration discussing the factors in CRC 7.756.

All requests for compensation shall be supported by a declaration that includes a discussion of the factors in CRC 7.756.

CRITICAL

Applies to

Proposed order

The proposed order must include copies of all documents to be signed.

Copies of all documents to be signed must be attached to the proposed order.

CRITICAL

Applies to

Request for order

Petitioners and respondents with minor children referred to Family Court Services must submit a fully completed FL016 intake sheet when filing the Request for Order.

Petitioners and Respondents with minor children who are referred to Family Court Services for custody and visitation matters are required to submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request for Order. The Family Court Services Intake Sheet (FL016) is a Local Form available in the Clerk’s Office, at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICAL

Applies to

Request to enter default

A property division or confirmation of separate property requires either an attached written agreement or a completed Property Declaration attached to and served with the Request to Enter Default.

No division of community property (assets or debts) or confirmation of separate property will be ordered, unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Applies to

Account report

When an account is waived under Probate Code section 10954, the report need not detail receipts and disbursements but must include the specified information required by law.

If an account is waived under Probate Code section 10954, the details of receipts and disbursements need not be listed in the report. However, the report must list the information required by law, including information as to creditors’ claims, sales, purchases or exchanges of assets, changes in the form of assets, assets on hand, whether the estate is solvent, detailed schedules of receipts and gains or losses on sale (where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions), costs of administration (if reimbursement of these costs is requested), the amount of any fees or commissions paid or to be paid, and the calculation of such fees or commissions as described in CRC 7.705.

CRITICAL

Applies to

Continuance request

The party requesting a continuance must send the Stipulation and Order to the Clerk and provide a copy to the opposing party.

A Stipulation and Order must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party.

CRITICALCivil cases

Applies to

Trustee consent

If distribution is to a trustee who is not the personal representative, the nominated trustee’s consent to act must be on file before the hearing on the distribution petition.

If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee.

CRITICALCivil cases

Applies to

Decree of distribution

The decree must state in its body the manner of distribution, each distributee's name, a description of the property, and the cash amount as of a certain date; referring to the petition is insufficient.

Whether or not an accounting has been waived, the decree of distribution must set forth specifically the manner in which the estate is to be distributed by showing the distributee's name and a description of the property, including the legal description of real property, and the amount of cash (as of a date certain) to be distributed. This must be in the body of the decree. Mere reference to allegations in the petition is insufficient and not acceptable to the Court.

CRITICAL

Applies to

Petition for probate

A probate petition must identify all heirs and state their relationships to the decedent, even if the decedent died with a will.

Even though a decedent died testate, the petition must contain the names and relationships of all the heirs of the decedent.

CRITICAL

Applies to

Ex parte application

A party seeking an ex parte order must complete and file Judicial Council form FL-303 and attach conformed copies of any prior orders sought to be enforced or modified.

A party seeking an ex parte order shall, complete and file Judicial Council form FL-303, which is available at Legal Self Help Center or online at Legal Self-Help Center | Superior Court of California | County of Marin and attach to the application a conformed copy of any prior order(s) which the applicant seeks to enforce or modify

CRITICAL

Applies to

Election

A surviving spouse electing to administer property under Probate Code § 13502 must file an election stating that the spouse was fully informed of the reasons, including potential delay and increased compensation.

If the surviving spouse elects under Probate Code § 13502 to administer property, the surviving spouse must file an election and state he or she has been fully informed regarding the reasons for the election, including the potential delay and increased compensation.

CRITICAL

Applies to

Proposed order

The covered probate proposed orders must be attached to Judicial Council Form EFS-020.

Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICALCivil cases

Applies to

Petition for withdrawal

For a withdrawal based on the minor reaching majority when the blocked-account order is not self-executing, the petition must be accompanied by a certified birth certificate or other convincing evidence of age.

Where withdrawal is sought because the minor has reached majority and the order establishing the blocked account is not self-executing, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal.

CRITICALCivil cases

Applies to

Petition for statutory compensation

Every petition requesting statutory compensation, including one accompanied by an accounting waiver, must show the requested compensation calculation under CRC 7.705(a).

All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in accordance with CRC 7.705(a).

CRITICAL

Applies to

Advice of proposed action

The originals of the advice of proposed action and attached mailing declarations must be available but do not need to be filed.

The originals of the advice of proposed action with attached declarations of mailing must be available but need not be filed with the Court.

CRITICAL

Applies to

Child support agreement

A child support agreement must include the specified Judicial Council form or contain language consistent with it.

All agreements for child support shall be accompanied by the Judicial Council form "Stipulation to Establish or Modify Child Support" or must contain language consistent with that form.

CRITICAL

Applies to

Factual declaration

A declaration supporting denial of visitation must give the reasons, date of the last visitation, and the defaulting party’s whereabouts or address.

Where a party is seeking to deny visitation between a child and the defaulting party: The specific reasons visitation should be denied; the date upon which the last visitation between the child and the defaulting party occurred; and a statement either that the whereabouts of the defaulting party is unknown, or, if known, the defaulting party’s address.

CRITICAL

Evidence is required to overcome the presumption that the will was revoked.

Evidence will be required to overcome the presumption of revocation.

CRITICAL

Applies to

Statement

A party in a civil case must file a statement indicating whether it requests an official court reporter.

A party in any type of civil case must file a statement ten (10) days before the trial or hearing date indicating whether the party requests the presence of an official court reporter.

CRITICAL

Applies to

Account

Accounts that do not conform to the Probate Code will not be approved.

Accounts not conforming to the Probate Code will not be approved.

CRITICAL

Applies to

Petition for settlement of trustee account

A petition to settle a trustee's account must identify beneficiaries and remainder persons and state the trust's principal and income distribution provisions.

The petition for settlement of a trustee's account must include the names of beneficiaries and remainder persons and set forth the trust provisions for distribution of principal and income.