California Rules of Court Document Filing Requirements

After the five-day approval period expires, the prevailing party must promptly give the court the proposed order together with a summary of any responses received (or a statement that none were received).

Source text: The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

Notices of motion must state, in the opening paragraph, the nature of the order sought and the grounds for obtaining it.

Source text: A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.

The first page of each paper must state, immediately below the case number, the hearing date/time/location and hearing judge (if ascertainable), the title of any attached document, the filing date, and the trial date if set.

Source text: The first page of each paper must specify immediately below the number of the case: (1) The date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable; (2) The nature or title of any attached document other than an exhibit; (3) The date of filing of the action; and (4) The trial date, if set.

Exhibits must be accompanied by an index that briefly describes each exhibit and identifies its number or letter and page number.

Source text: An index of exhibits must be provided. The index must briefly describe the exhibit and identify the exhibit number or letter and page number.

Foreign-language exhibits must be accompanied by an English translation certified under oath by a qualified interpreter.

Source text: Exhibits written in a foreign language must be accompanied by an English text translation, certified under oath by a qualified interpreter.

Fee waiver applications for conservators/guardians must use mandatory forms FW-001-GC or FW-002-GC.

Source text: Conservators, guardians, and petitioners for their appointment applying for initial fee waivers under this rule represented by legal counsel, and their counsel, must complete the Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC), including items 2a and 2b, and, if a request to waive additional court fees is made, the Request to Waive Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-002-GC), including items 2a and 2b.

Notice of hearing must state the complete title of the related pleading.

Source text: Rule 7.50. Description of pleading in notice of hearing state the complete title of the pleading to which the notice relates.

Petitioner must file declaration of diligent search for persons with unknown addresses before court alters notice requirements.

Source text: Petitioner must file a declaration describing efforts made to locate a person entitled to notice in a proceeding under the Probate Code, but whose address is unknown, before the court will prescribe an alternate form of notice or dispense with notice under (c). The declaration must state the name of the person whose address is unknown, the last known address of the person, the approximate date when the person was last known to reside there, the efforts made to locate the person, and any facts that explain why the person’s address cannot be obtained.

Titles of pleadings must clearly identify the relief sought or granted.

Source text: The title of each pleading and of each proposed order must clearly and completely identify the nature of the relief sought or granted.

All probate pleadings must be signed by joining parties and verified, with exceptions for attorney signing.

Source text: (a) Signature of parties A pleading must be in writing and must be signed by all persons joining in it. (b) Verification by parties All pleadings filed in proceedings under the Probate Code must be verified. If two or more persons join in a pleading, it may be verified by any of them. (c) Signature and verification by attorney If a person is absent from the county where his or her attorney’s office is located, or for some other cause is unable to sign or verify a pleading, the attorney may sign or verify it, unless the person is, or is seeking to become, a fiduciary appointed in the proceeding.

Personal representatives must file acknowledgment of receipt of duties form DE-147 before letters are issued.

Source text: Before the court issues letters, each personal representative of a decedent’s estate (other than a company authorized to conduct a trust business in California) must execute and file an acknowledgment of receipt of Duties and Liabilities of Personal Representative (form DE-147).

Personal representatives/guardians/conservators must immediately make ex parte application to increase bond when facts require.

Source text: Immediately upon the occurrence of facts making it necessary or appropriate to increase the amount of the bond, the personal representative, or the guardian or conservator of the estate, must make an ex parte application for an order increasing the bond.

Accountings, reports, and distribution petitions must list and describe all IAEA actions without prior approval, including specified details.

Source text: In any accounting, report, petition for preliminary distribution, or petition for final distribution, the petitioner must list and describe all actions taken without prior court approval under the Independent Administration of Estates Act (IAEA) if notice of the proposed action was required. The description of the action must include the following: (1) The nature of the action; (2) When the action was taken; (3) A statement of when and to whom notice was given; (4) Whether notice was waived, and if so, by whom; and (5) Whether any objections were received.

A copy of the creditor claim allowance or rejection must be filed with the court with proof of service.

Source text: File a copy of the allowance or rejection with proof of service with the court.

Final reports or petitions for final distribution must state specified details for each creditor claim presented.

Source text: For each claim presented, the personal representative must state in the final report or petition for final distribution: (1) The claimant’s name; (2) The date of filing of the claim; (3) The nature of the claim; (4) The amount claimed; (5) The disposition of the claim; and (6) If the claim was rejected, the date of service of the rejection and whether or not a lawsuit was filed.

Petitions for approval of exclusive listings must include specified property, broker, agreement, and necessity details.

Source text: A petition for approval of an exclusive listing under Probate Code section 10150(c) must state the following: (1) A description of the property to be sold; (2) The name of the broker to be employed; (3) A summary of the terms of the exclusive listing agreement or include a copy of the listing agreement; and (4) A detailed statement of the facts supporting the “necessity and the advantage” to the estate of having the exclusive listing.

Ex parte applications to sell/surrender personal property must state if property is specifically devised; consent required if so.

Source text: An ex parte application for authority to sell or to surrender tangible or intangible personal property must state whether or not the property is specifically devised. If it is specifically devised, the written consent of the specific devisee to the sale or surrender must be filed.

Inventory and Appraisal documents must include a specified statement regarding bond filing status and sufficiency.

Source text: Every Inventory and Appraisal must contain one of the following statements: (1) “Bond has not been filed”; (2) “Bond has been filed in the amount of $ (specify amount) and is insufficient”; or (3) “Bond has been filed in the amount of $ (specify amount) and is sufficient.”

The bond status statement in Inventory and Appraisal must be signed by the fiduciary’s attorney of record or the fiduciary if unrepresented.

Source text: The statement required by (a) must be signed by the attorney of record for each fiduciary who has an attorney of record and by each fiduciary who does not.

Reports filed when an account is waived must include specified information about creditors, assets, estate status, and fees.

Source text: The report required when an account has been waived must list the information required by law, including information as to: (1) Creditors’ claims; (2) Sales, purchases, or exchanges of assets; (3) Changes in the form of assets; (4) Assets on hand; (5) Whether the estate is solvent; (6) 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); (7) Costs of administration (if reimbursement of these costs is requested); (8) The amount of any fees or commissions paid or to be paid; (9) The calculation of such fees or commissions as described in rule 7.705; and

All accountings filed with the court must include specified information from Probate Code sections and Judicial Council forms.

Source text: Notwithstanding any other provision of this rule or the Judicial Council accounting forms, each accounting filed with the court must include: (1) All information required by Probate Code section 1061 in the Summary of Account—Standard and Simplified Accounts (form GC-400(SUM)/GC-405(SUM)); (2) All information required by Probate Code sections 1062–1063 in the supporting schedules; and (3) All information required by Probate Code section 1064 in the petition for approval of the accounting or the report accompanying the petition.

Accountings filed with the court must include supporting documents, including original or verified electronic account statements.

Source text: Each accounting filed with the court must include the supporting documents, including all account statements, specified in Probate Code section 2620(c). (1) An account statement includes: (A) An original account statement; or (B) A verified electronic statement.

Requests to waive accounting for conservatees/wards with a personal residence must include specified property-related documents.

Source text: If the conservatee or ward owns a personal residence, the request for an order waiving the accounting must include, in addition to the information needed to verify that all the conditions in section 2628(a) are met, the following information and documents regarding the personal residence: (1) The street address of the residence; (2) A true copy of the most recent residential property tax bill; (3) A true copy of the declarations page from the homeowner’s insurance policy covering the residence; (4) A true copy of the most recent statement for any mortgage or loan secured by the residence; and (5) A true copy of the most recent fee or dues statement for any homeowners’ association or similar association.

Conservators whose administration terminates must file and obtain court approval of a final account.

Source text: A conservator of the estate whose administration is terminated for any reason, including removal, resignation, or termination of the conservatorship, must file and obtain the court’s approval of a final account of the administration.

Petitions for distribution must include full property descriptions with specified details for cash, notes, real property, and securities.

Source text: The description of property to be distributed must be set forth in full in the petition for distribution, in the body of the petition or in an attachment that is incorporated in the petition by reference. If an account is filed with the petition, the description must be included in a schedule in the account. (b) Specific description requirements (1) Include the amount of cash on hand; (2) Indicate whether promissory notes are secured or unsecured, and describe in detail the security interest of any secured notes; (3) Include the complete legal description, street address (if any), and assessor’s parcel number (if any) of real property; and (4) Include the complete description of each individual security held in “street name” in security brokers’ accounts.

Petitions for distribution must allege property character details and show surviving spouse election filing date if distributing to spouse.

Source text: If the character of property to be distributed may affect the distribution, a petition for distribution must allege: (1) The character of the property to be distributed, whether separate, community, or quasi-community; and (2) That the community or quasi-community property to be distributed is either the decedent’s one-half interest only, or the entire interest of the decedent and the decedent’s spouse. (b) Compliance with Probate Code section 13502 If any property is to be distributed outright to the surviving spouse, a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed, and the petition must show the filing date of the election.

Petitions for extraordinary compensation must include a statement of facts with specified details about services, costs, and benefits.

Source text: A petition for extraordinary compensation must include, or be accompanied by, a statement of the facts upon which the petition is based. The statement of facts must: (1) Show the nature and difficulty of the tasks performed; (2) Show the results achieved; (3) Show the benefit of the services to the estate; (4) Specify the amount requested for each category of service performed; (5) State the hourly rate of each person who performed services and the hours spent by each of them; (6) Describe the services rendered in sufficient detail to demonstrate the productivity of the time spent; and (7) State the estimated amount of statutory compensation to be paid by the estate, if the petition is not part of a final account or report.

Guardians must execute and file form GC-248 before the court issues letters.

Source text: Before the court issues letters, each guardian must execute and file an acknowledgment of receipt of the Duties of Guardian (form GC-248).

Petitions for statutory commissions or attorney fees must state the amount payable and include the calculation in the prescribed form.

Source text: A petition for statutory commissions or attorney fees must state the amount of statutory compensation payable and set forth the estate accounted for and the calculation of statutory compensation. The calculation must be stated in the petition in substantially the following form: [prescribed form]

Petitions for approval of minor/disabled person claim compromises must be verified, include full disclosure, and use form MC-350 (except per rule 7.950.5).

Source text: A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600–3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).

Petitions for claim compromise must disclose attorney details, involvement, fees, and fee agreements if the petitioner was represented/assisted by an attorney.

Source text: If the petitioner has been represented or assisted by an attorney in preparing the petition for approval of the compromise of the claim or in any other respect with regard to the claim, the petition must disclose the following information: (1) The name, state bar number, law firm, if any, and business address of the attorney; (2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party’s insurance carrier; (3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter; (4) Whether the attorney has received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation; (5) If the attorney has not received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and (6) The terms of any agreement between the petitioner and the attorney.

Orders for deposit of minor/disabled person funds must include provisions for delivering copy to financial institution and filing receipt with court.

Source text: In any case in which the court orders that funds to be received by a minor or a person with a disability must be deposited in a financial institution and not disbursed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for deposit of funds.

Petitions for withdrawal of minor/disabled person funds must be verified and include depository identity, withdrawal history, balance, and justification.

Source text: A petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.

Proposed guardians (excluding public guardians, banks, trust companies) must submit form GC-212 with petition for appointment.

Source text: Each proposed probate guardian, except a public guardian, or a bank or other entity entitled to conduct the business of a trust company, must submit to the court with the petition for appointment of guardian a completed Confidential Guardian Screening Form (form GC-212).

Trustee’s accounts must state the period covered by the account.

Source text: A trustee’s account must state the period covered by the account.

Trust petitions and accounts must state names/addresses of all vested/contingent beneficiaries, with exceptions for revocable trusts and certain beneficiaries.

Source text: A petition and account involving a trust must state the names and last known addresses of all vested or contingent beneficiaries, including all persons in being who may or will receive income or corpus of the trust, provided, however, that (1) during the time that the trust is revocable and the person holding the power to revoke the trust is competent, the names and last known addresses of beneficiaries who do not hold the power to revoke do not need to be stated, and (2) the petition or account does not need to state the name and last known address of any beneficiary who need not be given notice under Probate Code section 15804.

Petitions for attorney’s fees under Probate Code 3600–3601 must include a declaration addressing applicable factors from rule 7.955(b).

Source text: must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.

Requests for good cause exception to temporary guardianship notice (using form GC-110) must be written, separate from the petition, and include a proposed order and case caption.

Source text: (1) When the temporary guardianship petition is prepared on the Petition for Appointment of Temporary Guardian (form GC-110), a request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary guardian, and must include: (A) An application containing the case caption and stating the relief requested; (B) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge; (C) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and (D) A proposed order.

Petitions for appointment of guardian/conservator of person must include completed ICWA-010(A) form attachment if Indian child status is possible.

Source text: (2) Before filing a petition for appointment of a guardian or conservator of the person, the petitioner must ask the child who is the subject of the proceeding, if the child is old enough, the parents, any Indian custodian or previously appointed guardian of the person, and available extended family members, as child whether the child is or may be an Indian child, complete Indian Child Inquiry Attachment (form ICWA-010(A)), and attach that form to the petition.

Good cause exception requests to temporary conservator notice must be separate writing with caption, declarations, and proposed order.

Source text: A request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary conservator, and must include: (1) An application containing the case caption and stating the relief requested; (2) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge; (3) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and (4) A proposed order.

Motions to seal records under section 5976.5(e) must specify the records they apply to.

Source text: A motion to seal records under section 5976.5(e) must specify the records to which it applies.

Orders granting motions to seal under section 5976.5(e) must state if non-court persons may inspect the sealed record.

Source text: The order must state whether any person other than the court is authorized to inspect the sealed record.

CARE Act commencement petitions must use form CARE-100 and include either form CARE-101 or specified evidence.

Source text: A petition to commence CARE Act proceedings must be made on Petition to Commence CARE Act Proceedings (form CARE-100). The petition must include either: (1) A completed Mental Health Declaration—CARE Act Proceedings (form CARE-101); or (2) The evidence described in section 5975(d)(2).

A motion to amend a pleading must include a serially numbered copy of the proposed amendment or amended pleading.

Source text: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;

A motion to amend must identify the allegations proposed to be deleted and their exact location by page, paragraph, and line number.

Source text: (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;

A motion to amend must identify the allegations proposed to be added and their exact location by page, paragraph, and line number.

Source text: (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

The motion to amend must be accompanied by a separate supporting declaration stating the amendment's effect, necessity, timing of discovery, and reasons for the delay in requesting amendment.

Source text: A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.

Amendments to pleadings may not be made by changes on the face of the pleading without court permission.

Source text: An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court.

Any permitted alterations to a pleading's face must be initialed by the court or the clerk.

Source text: All alterations must be initialed by the court or the clerk.

An ex parte application for an order must allege whether special notice has been requested.

Source text: An ex parte application for an order must allege whether special notice has been requested.

If special notice was requested, the application must identify each person who requested special notice and allege that special notice was given to or waived by each of them.

Source text: If special notice has been requested, the application must identify each person who has requested special notice and must allege that special notice has been given to or waived by each person who has requested it.

Proofs of service of special notice or written waivers of special notice must be filed with the ex parte application.

Source text: Proofs of service or written waivers of special notice must be filed with the application.

An application for an order shortening time must include a declaration showing good cause, and the court may also act on its own motion.

Source text: The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

The notice of hearing on a pleading in a Probate Code proceeding must state the complete title of the pleading to which it relates.

Source text: The notice of hearing on a pleading filed in a proceeding under the Probate Code must state the complete title of the pleading to which the notice relates.

Previously filed papers must be referenced by their execution date and title.

Source text: Any paper previously filed must be referred to by date of execution and title.

Deposition pages from a single deposition must be treated and designated as one exhibit.

Source text: Pages from a single deposition must be designated as a single exhibit.

If the prevailing party fails to prepare and submit the proposed order, any other party may prepare and submit it.

Source text: If the prevailing party fails to prepare and submit a proposed order as required by (a) and (b) above, any other party may do so.

Rule 3.1312 does not apply where the motion was unopposed and the proposed order was submitted with the moving papers, unless the court orders otherwise.

Source text: This rule does not apply if the motion was unopposed and a proposed order was submitted with the moving papers, unless otherwise ordered by the court.

The court may treat a motion to file an amendment as a motion to file an amended pleading and require the entire amended version of the previous pleading.

Source text: The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.