Marin Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Family allowance petition

A family allowance petition must show that the allowance is necessary and reasonable and address the estate’s nature and solvency, other potential allowance recipients, the applicant’s needs and standard of living, and other income.

All petitions for family allowance must show that the allowance is necessary and reasonable, including: 1. The nature and separate and community character of the probate estate and whether or not it is solvent; 2. Whether others are entitled to family allowance; 3. The approximate needs of the applicant, with reference to his or her their standard of living; and 4. The applicant's income from other sources.

CRITICALCivil cases

Applies to

Account summary

An account summary must use carry value, not market value.

The summary of account must be in carry value (not market value).

CRITICAL

Applies to

Trustee compensation request

Trustee and attorney compensation requests must include a declaration addressing the cited criteria; the petitioner must show the fee is reasonable, and timesheets alone are insufficient.

All requests for compensation for trustees and their attorneys shall be supported by a declaration that addresses the criteria set forth in Estate of Nazro (1971) 15 Cal.App.3d 218 [93 Cal.Rptr. 116] and CRC 7.776. Each request will be considered on its individual merits. The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this.

CRITICAL

Applies to

Conservator guardian compensation request

Compensation requests for conservators, guardians, and their attorneys must include a declaration discussing CRC 7.756 factors; the petitioner must show the fee is reasonable, and timesheets alone are insufficient.

All requests for compensation shall be supported by a declaration that includes a discussion of the factors in CRC 7.756. Each request will be considered on its individual merits. The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this.

CRITICAL

Applies to

Petition for appointment of conservator

A signed order appointing a Court Investigator must be filed with the conservatorship appointment petition.

An order appointing Court investigator must be signed and filed with the petition for appointment of conservator.

CRITICALCivil cases

Applies to

Report

When an account is waived under Probate Code section 10954, the report may omit details of receipts and disbursements but must still include the listed 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.

CRITICALCivil cases

Applies to

Specially set ex parte hearing request

A request for a specially-set ex parte hearing must provide facts justifying an earlier hearing date.

Such request must provide sufficient facts to justify an earlier hearing date

CRITICALCivil cases

Applies to

Trust notice materials

A copy of the trust document must be lodged with the Court, or the attorney must file a declaration identifying the trust beneficiaries entitled to notice.

The Court requires that a copy of the trust document be lodged with the Court to verify the persons requiring notice or a declaration by the attorney be filed stating the trust beneficiaries entitled to notice.

CRITICAL

Applies to

Petition for final distribution

A final-distribution petition must list assets on hand and list and describe the property to be distributed; merely referring to the inventory is insufficient.

A petition for final distribution, whether or not an account is waived, must list assets on hand and list and describe the property to be distributed, either in the body of the petition, or by a schedule in the accounting, or in a separate exhibit incorporated in the petition by reference. Description by reference to the inventory is insufficient.

CRITICALCivil cases

Applies to

Spousal property petition

A spousal property petition filed with a probate petition must be filed separately.

If a spousal property petition is filed with a petition for probate of will or for Letters, the spousal property petition must be filed as a separate petition.

CRITICAL

Applies to

Documents submitted to ccr counselor

Parties providing documents to the CCR Counselor must submit copies, not originals.

Parties shall not submit original documents (e.g., school records, medical records, etc.) to the CCR Counselor. If parties wish to provide documents to the CCR Counselor to be considered in the CCR Counselor’s report and recommendations to the Court, the parties shall provide copies of these documents to the CCR Counselor.

CRITICAL

Applies to

Factual declaration

The declaration must also state the separation date, the child's primary caretaker during the last six months, and the child's contact with the non-caretaker parent during that period.

3. Other information. The date upon which the parties separated, the identity of the primary caretaker of the child(ren) during the last six months and the extent of contact between the child and the non-caretaker parent during that time.

CRITICAL

Applies to

Elisor appointment request

Must include

proposed order

The request must be accompanied by a proposed order.

The request must be accompanied by a proposed order.

CRITICALCivil cases

Applies to

Petition

A petition to appoint a successor conservator must include a completed Confidential Supplemental Information Form.

Petitions for appointment of successor conservators must be accompanied by a completed Confidential Supplemental Information Form.

CRITICAL

Applies to

Will proof declaration

Each testamentary instrument offered for probate must be proved by its own declaration.

Where more than one testamentary instrument is offered for probate, each instrument must be proved by a separate declaration.

CRITICAL

Applies to

Holographic will

Each copy of a holographic instrument offered for probate must be accompanied by a typewritten copy.

When a holographic instrument is offered for probate, all copies presented must be accompanied by a typewritten copy.

CRITICAL

Applies to

Decree of distribution

The decree must identify the depository and its location, direct distribution in the minor’s name, and state that withdrawal requires a Court order.

The decree shall direct distribution of the minor's funds to a specific depository, including its location, in the name of the minor and shall state that the funds cannot be withdrawn without Court order.

CRITICAL

Applies to

Order for final distribution

An order for final distribution must describe real property by legal description and include its parcel number.

In the Order for Final Distribution real property must be described by legal description and include the parcel number.

CRITICALCivil cases

Applies to

Petition

For affected real property, the petition must attach and incorporate the document showing the decedent’s interest, or state the entire title-vesting instrument and its recordation data.

If real property is affected, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the verified petition must set forth the entire instrument vesting title, including the recordation data.

CRITICAL

Applies to

Declaration

A UCCJEA declaration must be filed with the petition and whenever the ward’s address changes.

2. Declaration Under UCCJEA. A declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) shall be filed with the petition and at any time there is a change of address of the ward.

CRITICAL

Applies to

Request for order

A moving party seeking a custody or visitation order or modification must attach Local Form FL005 to the Request for Order.

The moving party requesting a custody/visitation order or a modification to a custody/visitation order shall attach to any Request for Order, the “Family Court Services Child Custody Recommending Counseling Program” form, (Local Form FL005) which is available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICAL

Applies to

Nonprofessional conservator or guardian fee request

If the requested hourly rate is based on employment and similar experience, non-professional conservators and guardians must clarify the stated work-related circumstances or benefit to the conservatee.

If the hourly rate is based on their employment and similar experience, they must clarify whether their duties required them to take time away from work or how their skills benefited the conservatee.

CRITICAL

Applies to

Bbsc statement

The BBSC Statement must list each community-property item and provide its acquisition date, characterization basis, value, encumbrances, and title history.

3. Community Property. List each item of community property, the date it was acquired, the basis upon which it is claimed to be community property and, if a mixed asset, the basis for apportioning between separate and community. For each asset, state the current market value, the terms and balance of each encumbrance against the property, and the title history to the present of titled property.

CRITICAL

Applies to

Settlement conference statement

Settlement conference statements must include the conference and trial date and time on the face sheet, comply with CRC 3.1380(c), and provide the listed information where applicable.

The parties shall note the date and time of the settlement conference and trial on the face sheet of the statement. The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. Pertinent excerpts of medical reports, depositions, photographs, and records with material portions highlighted on all copies submitted; 2. The highest previous offer and lowest previous demand; 3. The date of the last face-to-face settlement discussion; 4. Presentation of any special barriers to settlement.

CRITICALCivil cases

Applies to

Order settling final account

The order settling the guardian's final account must not also discharge the guardian.

Discharge of the guardian will not be made in the order settling final account.

CRITICALCivil cases

Applies to

Notice of intention to sell real property

The notice must state when the property is to be sold for cash only.

If the property is to be sold for cash only, the notice must so state.

CRITICALCivil cases

Applies to

Compensation request

The petitioner must establish that the requested fee is reasonable; timesheets alone are insufficient.

The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this.

CRITICAL

Applies to

Address verification declaration

For matters unrelated to minor children, parties must use Local Form FL070 for the address verification declaration.

The Address Verification Declaration to be used for matters other than those related to minor children is Local Form (FL070) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin

CRITICAL

Applies to

Issue conference statement

The Issue Conference Statement must include the specified content about the parties’ positions, anticipated issues, stipulations, witnesses, exhibits, and trial length.

Parties shall include the following in the Issue Conference Statement for consideration at the Issue Conference: 1. A statement of the facts, law, and respective contentions of the parties regarding liability, damages and (if applicable) the nature and extent of injuries; 2. Any unusual evidentiary or legal issues anticipated at trial; 3. All matters of fact believed by any party to be appropriate for stipulation; 4. A list of all witnesses to be called and a brief statement of anticipated testimony; 5. A list of all exhibits to be introduced; 6. A trial length estimate.

CRITICAL

Applies to

Income and expense declaration

An unemployed party must explain the unemployment and, if relevant, provide specified information about prior employment, termination, income, and job-search efforts; a disabled, retired, or incarcerated party must provide all pertinent facts.

If a party is unemployed, an explanation must be provided. If relevant, a description of the party's most recent employment, reason for and verification of termination, gross and net income prior to termination, and a description of all efforts to seek employment since termination, if any, shall be set forth. If a party is disabled, retired or incarcerated, all pertinent facts shall be set forth.

CRITICALCivil cases

Applies to

Use of guardianship assets

When the specified living-parent and outside-support conditions apply, prior Court approval is required before guardianship assets may be used for the minor's support, maintenance, or education.

In guardianship cases, if a minor has a living parent who receives or is entitled to support for the minor from another source, prior Court approval must be obtained before using guardianship assets for the minor's support, maintenance, or education.

CRITICALCivil cases

Applies to

Letters testamentary or affidavit

Before the hearing date, counsel must file either a certified copy of Letters Testamentary or the original affidavit required by Probate Code § 13101.

Counsel must file a certified copy of Letters Testamentary or the original affidavit required by Probate Code § 13101 before the hearing date.

CRITICAL

Applies to

Proof of service

The proof of service must state the date the document was originally served in open court.

The proof of service must reference the date the document was originally served in open court.

CRITICAL

Applies to

Written notification

When a law and motion matter is resolved, the clerk’s office must receive written notification so the hearing can be removed from the calendar.

When a law and motion matter has been resolved, written notification to the clerk’s office is required, so that the clerk can drop the hearing from calendar.

CRITICAL

Applies to

Interpreter request

Parties appearing remotely who require an interpreter must file local form INT001 at least five court days before the scheduled hearing.

Parties appearing remotely and requiring an interpreter must file the Court’s local form INT001 at least five (5) court days prior to scheduled hearing.

CRITICAL

Applies to

Evaluator appointment

Appointment of a private child custody evaluator must be made on Judicial Council Form FL-327.

Appointment of a private child custody evaluator shall be in compliance with CRC 5.225 on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-326 to the Court Executive Officer within ten (10) days of his/her appointment, as required by CRC 5.225(1)(a)(B).

CRITICALCivil cases

Applies to

Order for final distribution

An order for final distribution must describe real property by legal description and include its parcel number.

In the Order for Final Distribution real property must be described by legal description and include the parcel number.

CRITICAL

Applies to

Judgment

Spousal support may be requested, terminated, or reserved, and any spousal-support provision must state beginning, ending, and due dates.

A support amount may be requested, support may be terminated, or the issue may be reserved. Spousal support provisions must state beginning, ending and due dates.

CRITICAL

Applies to

Declaration regarding notice

The notice declaration must state whether a request for special notice is in effect and, if so, identify requesting parties and attach their waivers or proof of service.

Contain a statement re requests for special notices. The statement shall either recite that no request for special notice is in effect or shall list the parties requesting special notice and attach the specific waivers of notice by such parties or proof of service on such parties.

CRITICAL

Applies to

Petition

For an intestate decedent, the petition must state the marriage date, precisely identify the property’s character, and provide supporting facts in the declaration.

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. The declaration must state facts supporting the character of the property as community, quasi community, or separate property.

CRITICAL

Applies to

Depository receipt and agreement

When a depository is used, its receipt and agreement must be filed as required by Probate Code § 2328, and the decree of distribution must provide for the depository.

B. Depository. Where a depository is to be used, the receipt and agreement of the depository must be filed as required under Probate Code § 2328 and the decree of distribution shall so provide.

CRITICALCivil cases

Applies to

Fee application

If requested compensation is at least the corporate-trustee level, the applicant must justify it with supporting facts and include professional-assistant costs in guideline computations.

If the compensation requested is at or above the level of a corporate trustee, it shall be the burden of the applicant to demonstrate the facts for justification; and in justifying guideline computations, the applicant shall include the cost of services of professional assistants including accountants, investment counselors, property managers and others.

CRITICAL

Applies to

Nonprofessional conservator or guardian fee request

A non-professional conservator or guardian who employs an assistant must disclose the employment and fee arrangement.

If a non-professional conservator or guardian employs someone to assist with their duties, such employment and the fee arrangement must be disclosed.

CRITICAL

Applies to

Declaration

The proposed guardian must view the guardianship film and file the Declaration of Proposed Guardian’s Viewing of Film on Local Form FL033/PR033.

The proposed guardian must also view the guardianship film, available on the Court’s website at www.marin.courts.ca.gov or shown in Room 116 and file the Declaration of Proposed Guardian’s Viewing of Film (Local Form FL033/PR033).

CRITICAL

Applies to

Court investigator report

The Court Investigator’s report must address the determinations described in the rule.

The contents of the report must mirror the determinations above.

CRITICAL

Applies to

Corporate conservator or guardian fee request

A qualifying corporate conservator or guardian seeking fee-schedule-based compensation must submit a declaration for court approval with the specified fee schedule and payment information.

Where a corporate conservator or guardian actively managing an income-producing estate asset seeks fees premised upon a fee schedule, the fiduciary must submit for court approval a declaration that sets forth the institution’s published fee schedule at the close of the accounting period, the compensation paid to the fiduciary, and the dates of such payment.

CRITICAL

Applies to

Trustee compensation request

When requested compensation is at least the corporate-trustee level, the applicant must justify it and include professional-assistant service costs in justifying guideline computations.

If the compensation requested is at or above the level of a corporate trustee, it shall be the burden of the applicant to demonstrate the facts for justification; and in justifying guideline computations, the applicant shall include the cost of services of professional assistants including accountants, investment counselors, property managers and others.

CRITICAL

Applies to

Petition for exclusive listing

An exclusive-listing petition is considered ex parte only after authority to sell has first been obtained on a noticed petition.

A petition for authorization to grant an exclusive listing will be considered ex parte, but only after prior authority to sell has been obtained on a noticed petition.

CRITICAL

Applies to

Judgment packet

A judgment packet for a judgment by declaration must include form FL-170.

1. Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170).

CRITICAL

Applies to

Supplemental financial documentation

In proceedings involving the listed support, fee, or sanctions issues, each party must provide the specified tax, income, entity, and business financial records.

In all proceedings where child or spousal support, attorney’s fees, or Family Code §271 sanctions are an issue, in addition to filing completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation: copies of the party’s two most recent state and federal income tax returns and all K-1's for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2's, 1099's and K-1's); and copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity. A self-employed party shall provide their most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business.