chapter 6: probate

6.1 Applicability of Rules

The rules stated in this chapter, as well as those stated in Chapter 3, shall govern all proceedings involving estates of decedents and guardianship, conservatorship and testamentary trust estates as well as family and spousal set-aside proceedings. (eff. 6/30/91)

6.2 Submisson of Matter Withoout Appearance by Counsel or Witnesses

A matter that may by law be determined upon declaraion, affadavit or verified pleading and without testimony, may ordinarily be submitted for appropriate action by the court without appearance by counsel or witnesses provided that all necesary papers, including declarations and proposed orders, must be delivered to the clerk within the time limits prescribed by rule 3.2 (eff. 6/30/91)

6.3 Non Resident Personal Representative to Furnish Bond Notwithstanding Waiver

Notwithstanding a waiver of bond arising by operation of law or contained in any will by which a personal representative is nominated, every non-resident of the state of Calfironia shall furnish the required statutory bond as a condition of appointment as personal representative. (eff. 6/30/91)

6.4 Required Form of Accounts

All accounts filed in probate proceedings, which shall include guardianship, conservatorship and testamentary trust accounts, shall conform to the following rules:

They shall contain a summary or recapitulation showing:

a) Amount of appraisal, if first account. If subsequent account, amount chargeable from prior account.

b) Amount of receipts, excluding capital items.

c) Gain on sales or other disposition of assets (if any).

d) Amounts of dispursements.

e) Losses on sales or other disposition of assets (if any).

f) Amount of property on hand.

The summary shall appear in the text of the report and shall be in the following form:


The petitioner is chargeable, and is entitled to the credits, respectively, as set forth in this summary of account. The attached supporting schedules are hereby incorporated herein by reference:


Amount of inventory and appraisal                                                            $_______

(or, if subsequent account, amount

chargeable from prior account)


Receipts during account period other                                                         $_______

than principal (Schedule "A")

Gains on Sales (Schedule "B")                                                               $_______

           TOTAL CHARGES    $_______     


Disbursements during account period

(Schedule "C")                                                                                        $_______

Losses on sales (Schedule "D")                                                            $ _______

Other credits (property distributed; homestead or

other property set apart (Schedule "E")                                             $_______

Property on Hand (Schedule "F") $_______

TOTAL CREDITS $_______     

The summary should be supported by detailed schedules. The schedule of receipts and disbursements should show the nature or purpose of each item and date thereof. The schedule of property on hand should describe each item and indicate the appraised value. (eff. 6/30/91)

6.5 Appointment of Expert to Analyze Complex Accounts and Surcharge of Cost Against Representative

When, because of the volume or complexity of an account, an analysis thereof by the court would asppear to be unusually time consuming or difficult, the court will, on its own motion, appoint an expert - usually a certified public accountant - to analyze the account and report findings to the court. The compensation for such expert shall be fixed by the court and ordered paid from the assets of the estate as a cost of administration. If the court finds that the account was unnecessarily voluminous or complex, the representative shall be surcharged the amount of such compensation. (eff. 6/30/91)

6.6 Allowance of Claims of Personal Representative

Claims of personal representatives will be allowed purusant to Probate Code §9252 only upon a written pretiin for the allowance thereof, after every person interested in the estate shall have been given notice of hearing of said petition in the matter provided by Probate Code §1220. (eff. 6/30/91)

6.7 Statement Regarding Bond on Inventory and Appraisal

Counsel for the personal representative or the personal representative, if acting without counsel, will complete all appropriate statements regarding the representative's bond which are called for upon the inventory and appraisal form in current use with the approval of the Judicial Council of California. (eff. 6/30/91)

6.8 Amount of Personal Representatrive's Bond Where Independent Administration is Authorized

In proceedings in which authority is ought pursuant to the Independent Administration of Estates Act (Probate Code §10400, et seq.) which would authorize the personal represnetative to sell real property without court supervision, the petition for probate will disclose the estimated net value of the decedent's real property and the order for probate will fix the amount of the bond requied of the personal representative att no less than the aggregate of the estimated value of the decedent's personal property, the estimated net value of the real prperty, and the estimateed value of the probable annual gross income of all of the proprty belonging to the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount. (See Probate Code §10452) (eff. 6/30/91)