Probate Examiner's Corner
Welcome to the Probate Examiner's Corner section of the Probate Division webpage where you will find news, reminders, and guides!
Front Page Bulletin
The proposed revisions to the Local Rules, which will take effect July 1, 2026, are available for download on the court's website .
The public comment period for the proposed revisions is now open, and will end on May 15, 2026.
Please take a look at proposed LR 8.08, "Hybrid Probate Code and Civil Pleadings".
Sharing the News
The Judicial Branch of California has published multiple proposals regarding proposed rules and forms that will impact the probate community, taking effect January 1, 2027. The proposals are published online and the Invitation to Comment will expire May 18, 2026.
- Court-wide Impact
Fee Waivers
Proposal to amend seven rules of court and revise twenty-two (22) fee waiver forms.
Summary:Senate Bill 54 (Stats. 2025, ch. 646) exempts veterans disability service-connected compensation from monthly income for purposes of determining whether a fee waiver applicant’s income is 200 percent or less of the current federal poverty guidelines. The Civil and Small Claims Advisory Committee and the Probate and Mental Health Advisory Committee propose amending seven rules of court and revising 22 fee waiver forms to implement SB 54, correct misapplications of existing law, and make other improvements.
- Probate proceedings
Proof of service
Proposal to modify forms to comply with new service requirements; create two new optional forms, revise five forms, revoke two forms.
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Summary:Assembly Bill 747 (Stats. 2025, ch. 563) made numerous changes to the laws regarding service under the Code of Civil Procedure. which apply to service required by the Probate Code. To bring the forms used for service in probate proceedings into compliance with the new service requirements, the Probate and Mental Health Advisory Committee proposes approving two optional forms, revising five forms, and revoking two forms.
- Probate and Limited Conservatorships
Several new and revised forms to improve accessibility
Proposal to create revise and create new forms for limited conservatorships: petition, order, and letters; as well as new attachments for probate and limited conservatorships.
Summary:To implement portions of Assembly Bills 1663 (Status. 2022, ch. 894) and to make conservatorship forms more accessible and user-friendly, the Probate and Mental Health Advisory Committee proposes adopting seven forms for mandatory use and revising three mandatory forms. The proposal will provide new forms for a petition and for an order for appointment of a limited conservator, and new attachments for use in both general and limited conservatorships. The committee intends for the proposal to simplify the forms and make them more intuitive and understandable for self-represented litigants, conservators, and proposed conservatees.
- Probate and Limited Conservatorships
Replace form "Duties of Conservator and Acknowledgement of Receipt of Handbook" with two separate forms.
Summary:To conform to changes in conservatorship law, the Probate and Mental Health Advisory Committee proposes revoking one form, adopting two mandatory forms to replace the revoked form, and amending one rule. One proposed form would be a statement of the duties of a conservator for the court to distribute to each newly appointed conservator. A conservator would use the second proposed form to acknowledge receipt of the statement of duties and the Judicial Council’s Handbook for Conservators as required by Probate Code section 1834. The proposed rule amendment would update form references to use the new form titles and numbers.
- Guardianships
Joint guardian nominated by custodial parent, serving with unavailable parent
Proposal to revise and create forms to adopt process for appointment of a custodial parent and a nominated guardian as joint guardians of the person.
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Summary:Assembly Bill 495, effective January 1, 2026, authorizes a court to appoint a custodial but unavailable parent and a person nominated by that parent as joint guardians of the person of the parent’s child. In response, the Probate and Mental Health Advisory Committee proposes amending one rule, adopting one form, revoking one form and approving two new forms in its place, and revising four forms to facilitate the process of petitioning for and appointing joint guardians under the new law. The proposal would also revise and renumber an information form, update cross-references, simplify language, and make other improvements to the forms.
Inside Scoop
Hot off the presses! Decedent's Estates
INTEREST-BEARING ACCOUNT:
Pursuant to PrC§9652, a personal representative must maintain all estate cash in an interest-bearing financial account or other investments authorized by law, except for an amount that is reasonably necessary for orderly administration of the estate.
As the court explained in more than one matter, it is not acceptable to deposit estate funds into the attorney’s client trust account without the court’s prior approval, nor is it acceptable to deposit all estate funds into a non-interest-bearing account without the court’s prior approval.
This court has considered an argument that all the cash in the estate is
“an amount reasonably necessary for orderly administration”. This court did not find that argument compelling.
LETTERS:Purs. to statute (PrC§§8400 et seq), it has always been the court’s policy that the Letters must agree with the signed Order. The Probate Examiners must review Letters prior to issuance, and that review includes comparing the signed Order to the proposed Letters. That will impact the public’s ability to obtain issued Letters the same day as the petition hearing. The Probate Examiners apologize for the inconvenience to the probate community, but the review is a necessary step of the court’s oversight.
INVENTORY AND APPRAISAL FORMS: An Inventory and Appraisal must be filed in all decedent's estates, conservatorship, and guardianship matters by a date certain pursuant to statute. If the estate has no assets at all as of the date of the appraisal (e.g., the date of decedent's death, or the date of appointment), an Inventory and Appraisal is still required and failure to file the form even when the estate has no value will very likely result in a required court appearance. For more information, those interested are invited to review the California Probate Referee Guide published by the California Probate Referee's Association, which is available for download online.
If more time is needed to marshal the assets, please see California Probate Code section 8800(b) and (c). Failure to file the Inventory and Appraisal by the statutory deadline, or obtain an extension of time, may result in penalties.
If the Inventory and Appraisal has been submitted to the probate referee but not filed prior to the Inventory Review date, the Personal Representative, or their retained counsel, may file a declaration attesting to these facts and provide an anticipated timeframe for filing. The Court may, in its discretion, continue the Inventory Review hearing without required appearances.
Below the Fold - older news
PUBLIC NOTICE: Local Rules are revised biannually, every January and July.
The revised Local Rules of Court which took effect January 1, 2026 are available for download.
For the probate community, Local Rule 8.07 provides clear guidance regarding Guardians ad Litem.
