CHAPTER 10

PROBATE, CONSERVATORSHIPS, GUARDIANSHIPS AND TRUSTS

These rules supplement the Probate Code in a few particulars. Pro per parties and counsel are urged to consult the Probate Code and the California Rules of Court and to become familiar with the provisions that relate to their matters.

RULE 10.00 PROBATE COURT PROCEEDINGS GENERAL RULES

A. CODE CITATIONS

Except for those pleadings filed using Judicial Council legal forms, all petitions, pleadings and other moving papers filed in each case shall cite on the first page, in brackets immediately below the caption, the code section(s) pursuant to which the pleading is brought.

B. APPEARANCE

Appearance of counsel or pro per party is required in the following situations:

1. Contested matters;

2. Petitions to establish conservatorships;

3. Petitions to establish guardianships;

4. Petitions to terminate guardianships;

5. Petitions to confirm sale of property;

6. All uncontested matters on which proposed orders have not been submitted to the clerk of the court at least three (3) court days prior to the date of the hearing.

C. ORDERS

In all matters to be heard by the court, counsel or pro per litigants shall prepare and submit appropriate forms of orders, at the latest, at the time of the hearing.

D. PETITION FOR EX PARTE ORDER

Ex parte petitions are strongly disfavored. If supported by a substantial showing of need, the court may issue orders shortening time to set the matter for full hearing at the regular probate calendar.

1. The court will require the moving party to give at least twenty-four (24) hours telephone or facsimile notice or five (5) court days mailing notice of the nature of the petition to counsel (or in the absence thereof to the other interested parties themselves) and those who request special notice, together with the proposed time and place of the hearing. No later than noon the preceding day before the ex parte hearing is held, moving counsel shall submit a declaration to the court setting forth the facts showing that notice has been given, or supporting the conclusion that notice should be waived for good cause.

The court will not receive live testimony or offers of proof from the moving party. All evidence from the moving party must be in writing and under penalty of perjury.

2. No written opposition is required. Opposition to the ex parte matter may be given by telephone, if arranged in advance with the court. Offers of proof may be taken from the opposing party. If the court deems it appropriate, live testimony will be taken on a subsequent day.

3. An ex parte order will not be granted unless (1) an underlying petition has been filed or will be contemporaneously filed; and (2) the relief sought is supported by documentation under penalty of perjury.

4. Petitions for an ex parte order for sale of stock or personal property must allege whether the property is specifically bequeathed. If bequeathed, the consent of the specific legatee to the sale must accompany the petition.

5. As an exception to the above policies, funds may be ordered released from blocked accounts by ex parte petition without notice and without appearance, provided that the following information is included in the petition:

a. Overall size of the estate;

b. Amount not in a blocked account;

c. Amount of the bond;

d. Amount of the release requested; and

e. Itemized use of the amount to be released;

f. If any portion of the amount to be released is not covered by bond, the order must include a provision directing that the amount is to be expended only for the purposes stated.

E. BROKERS' COMMISSIONS

The court ordinarily will not allow commissions in excess of six (6) percent to brokers entitled to commissions on the sale of real property. Exceptions may be made for good cause shown.

F. CONTESTED MATTERS

1. INTRODUCTION

When objections are filed to a petition or other pleading seeking affirmative relief on the Probate Calendar, the matter shall become a "contested matter" as the term is used in these rules. These rules shall apply to all contested matters.

2. FILING OF PETITIONS AND CONTESTS AND SETTING A CONTESTED MATTER FOR HEARING

All petitions, will contests, and other pleadings seeking affirmative relief or adjudication by the Probate Court shall be filed as soon as the petitioner knows the facts establishing a claim or the right to the requested relief. All such matters shall be set for hearing by the clerk of the court as follows:

a. By statute or rule. As required by statute or a rule.

b. Will contests. A will contest filed before the admission of the will to probate shall constitute an objection to the petition to admit the will, and the hearing on the petition to admit the will shall be continued to a date no less than thirty (30) days from the date of filing the will contest, in order to allow sufficient time to complete service in the will contest.

If all service, including personal service of the summons as required by law, is not completed by the date of the continued hearing on the petition to admit the will, contestant must file a declaration regarding efforts to complete service at least two (2) court days prior to the hearing.

If service is not completed prior to the continued hearing, the court at the hearing may further continue the matter or may impose sanctions, including the dismissal of the will contest. When service has been completed, the will contest shall be set for long cause matters or short cause hearing pursuant to these rules. The petition to admit the will shall be continued until the court date on the will contest.

3. SERVICE OF NOTICE

All notice requirements on contested matters, including personal service when required, shall be completed prior to the date of the hearing (whether the hearing date originally assigned to the matter by the clerk of the court or a later date if the matter has been continued). If a party on whom personal service is required has not been served timely, a declaration regarding efforts to serve shall be filed at least two (2) court days prior to the hearing.

4. FILING OF OBJECTIONS

Objections, including grounds of opposition, to any petition or other pleading filed in probate court must be set forth in writing and filed either as required by statute or, in the absence of specific statutory requirements, at least two (2) court days before hearing on the petition or pleading. If written objection has not been filed in accordance with this rule, in the court's discretion the matter will either be continued to allow compliance with this rule or be decided by the court as an uncontested matter.

5. SETTING A CONTESTED MATTER FOR EVIDENTIARY HEARING

Unless the matter is submitted for decision on the pleadings and oral argument at the initial hearing, the court in its discretion may take any one or more of the following actions:

a. SHORT CAUSE MATTER HEARING. If the court determines that the matter requires an evidentiary hearing of three (3) hours or less (a "hearing"), the court may establish guidelines to govern discovery proceedings, if any are required, and may set the matter for hearing as a "short cause" matter.

If parties desire to submit briefs, they shall be filed in the Probate Department and faxed (in accordance with California Rule of Court 2.306) or personally served on opposing counsel or pro per parties no later than 4:30 p.m. the day prior to the date set for the short cause hearing.

Due to the "short cause" nature of this hearing, the court will not entertain, receive, or consider responses to said briefs. The briefs submitted are deemed sufficient to allow the parties the opportunity to state their positions regarding the contested issues to be addressed at the short cause hearing.

The provisions of Rule 10.00.F.11 do not apply to short cause hearings.

b. TRIAL. If the court determines that the matter will require an evidentiary hearing of more than three (3) hours (a "long cause matter"), the court may set the matter for a case management conference no later than forty-five (45) days after the date of the initial hearing (See Rule 10.00.F.6).

c. SPECIAL AT ISSUE HEARING. If the court is unable to determine whether the matter should be set for a short cause hearing or for a case management conference, the court may set the matter for a special at issue hearing within thirty (30) days from the date of the initial hearing (see Rule 10.00.F.7).

d. OTHER PROCEDURAL ORDERS. If none of the foregoing procedures are appropriate for the matter before the court, the court may make any other procedural orders the court deems appropriate.

6. MEET AND CONFER, JOINT CASE MANAGEMENT REPORT

If a contested matter is set for a case management conference, counsel or pro per parties shall:

a. Meet and confer no later than ten (10) days before the case management conference; and

b. Report to the court in writing the results of the conference on the form provided by the court.

7. MEET AND CONFER REGARDING SPECIAL AT ISSUE HEARING

No less than five (5) days prior to the special at issue hearing date, counsel or pro per parties shall meet and confer in an attempt to determine whether the matter should be:

a. Heard as a short cause matter;

b. Set for a case management conference; or

c. Otherwise resolved.

8. CASE MANAGEMENT CONFERENCE

At the case management conference, the court may take any one or more of the following actions:

a. Determine whether or not all applicable procedures have been complied with and, if not, order appropriate remedial action, including the imposition of sanctions considered appropriate in the court's discretion;

b. Set the following dates based upon review of the Joint Case Management Report and the representation of counsel or pro per parties;

(i) Trial date;

(ii) Joint disposition conference date;

(iii) Discovery cut-off date;

(iv) Law and motion cut-off date;

(v) Settlement conference date, if requested.

c. Make appropriate assignments and orders upon approval of a written agreement to refer the dispute to a temporary judge or to arbitration or to a Special Master or Referee or to mediation.

d. Dispense with any of the procedures provided herein for good cause.

e. Direct counsel or pro per parties to submit an order setting forth the dates and directives of the court.

9. SETTLEMENT CONFERENCE

In lieu of participating in a long cause MSC in Courtroom 22, parties may stipulate to an attorney who the probate judge may appoint as a judge pro tem. That person will preside over a judicial MSC process.

10. SETTLEMENT CONFERENCE STATEMENT

Three (3) court days before a settlement conference, each party shall submit to the court or judge pro tem and serve a settlement conference statement addressing the issues and interests involved in the probate matter and that party's settlement position.

11. TRIAL BRIEFS AND MOTIONS IN LIMINE

All motions in limine and trial briefs shall be filed with the clerk of the trial court and faxed (in accordance with California Rules of Court, Section 2.306) or personally served on opposing counsel or pro per parties no later than 4:30 p.m. three (3) court days prior to the date set for trial. Opposition pleadings to in limine motions shall be filed and faxed (in accordance with California Rules of Court, Section 2.306) or personally served on opposing counsel or pro per parties no later than 12:00 noon of the court day prior to the date set for trial.

12. CONTINUANCES

A. The Legal Research section receives all of the probate files for calendared matters approximately fourteen (14) days preceding the hearing date. The Legal Research attorneys must be notified by telephone as soon as possible when a matter is to be continued or placed off calendar in order to avoid unnecessary review. Once a tentative ruling has been issued, all continuances must be requested by a Request for Continuance (local form), a stipulation and proposed order, or a motion for continuance, not by an informal request to Legal Research.

B. All continuances of probate matters shall be for not less than two weeks from the hearing date. All continuances or off calendar requests must be made by the moving or petitioning party, and must be with the agreement of the opposing party. A stipulation for continuance must be filed prior to the continued date. A “Notice of Continuance,” not signed by both parties, has no effect. A non-stipulated continuance or a continuance for less than two weeks will be granted only on noticed motion, made on an order shortening time.

C. Once the matter has been reviewed by Legal Research, no continuances will be granted, except by order of the court. This applies even if a written stipulation is received prior to the original hearing date.

D. Once the matter has been reviewed by Legal Research, it may not be taken off calendar, except by order of the court, or it is otherwise certain that the matter will not be re-calendared.

E. When utilizing a Request for Continuance form, the moving or petitioning party must notify Legal Research of the requested continuance no later than when the Request for Continuance is submitted to the court. (Revised effective 1/1/07)

RULE 10.01 GUARDIANSHIP

A. GUARDIANSHIP PROCEDURES

1. INVESTIGATION

It is the policy of Ventura County to require investigation, pursuant to Probate Code Section 1513, of all petitioners for guardianship except upon judicial finding that good cause exists to waive the investigation.

A copy of all filed documents shall be provided for the court investigator by presenting an extra copy of the filed documents to the probate clerk at the time of the filing of the petition.

2. NATURAL, CUSTODIAL PARENT

A proposed guardian who is also a natural, custodial parent may request a waiver by the court of the appointment of a court investigator, probate officer or domestic relations investigator as provided by Probate Code Section 1513, prior to or after the filing of the petition for guardianship, by either an ex parte motion or notice of motion for good cause.

3. QUESTIONNAIRE

Proposed guardians shall submit a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), pursuant to Probate Code Sections 1510(f), 1512, and a "Guardianship Questionnaire", pursuant to Probate Code Section 1513, at the time the petition for guardianship is filed.

A copy of a birth certificate, custody order or declaration of a person present at birth, shall be attached to the questionnaire. If such records are not readily available, date of birth shall be proved by other evidence, such as school records.

4. RECORDS CHECK

Law enforcement and Children's Protective Services record checks will be conducted on all proposed guardians.

5. DUTIES AND RESPONSIBILITIES

Prior to issuance of Letters, Guardians of the Estate are required to file with the clerk an acknowledgment of receipt of the duties and responsibilities of their office. Until another form is made available specifically for Guardians, the court will accept Judicial Council form DE-147, "Duties and Liabilities of Personal Representative", or an adaptation of that form.

B. GUARDIANSHIP MEDIATION

1. GENERAL

Prior to setting contested guardianships for hearing, the court will refer the guardianship for mediation. This will be done in conjunction with the order for investigation except when the proposed guardian is not related to the minor by blood. Mediation may also be ordered by the court when contesting parties appear at a hearing to request a temporary guardianship, or when a petition to terminate or modify an existing guardianship is contested.

At the conclusion of the mediation, the mediator will make a recommendation to the court and send a copy to the parties. (Revised effective 7/1/05)

RULE 10.02 CONSERVATORSHIP

A. PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

1. The petitioner is not required to submit an order appointing a court investigator pursuant to Probate Code Section 1454. There is a general order appointing the Ventura County court investigator as the investigator for the court in all cases under Division 4 of the Probate Code requiring appointment of such investigator.

2. The Petition for Appointment of Conservator (Judicial Council form GC-310), page four, item 10a, should include the telephone numbers of all relatives within the second degree of the proposed conservatee or other names listed.

3. Prior to Letters of Conservatorship being issued, individual conservators shall purchase the "Handbook for Conservators", view the video "Understanding Conservatorships", and complete and file with the clerk of the court the "Duties of Conservator" form (Judicial Council form GC- 348) and the court’s local form “Confirmation of Viewing Conservatorship Video (VN-182).

Private professional conservators as defined in Probate Code Section 2341 are not required to purchase the handbook and view the video in every case. They are required to show proof including the dates of purchasing the handbook and viewing of the video. If the handbook and/or video are revised or replaced the professional conservators will be required to purchase the revised handbook and view the revised video.

1. Upon filing a petition for appointment of a conservator, the clerk shall set the same for hearing and issue a citation. If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service except by issuance of an amended citation. In such circumstances the original citation shall be filed showing no service. Service of a citation cannot ordinarily be waived.

2. In order to eliminate unnecessary delays, upon filing a petition to establish a limited conservatorship, the attorney of record should set the matter for hearing forty-five (45) days after the filing date. The extra time is needed for the Regional Center to complete its required assessment pursuant to Probate Code Section 1827.5.

3. A declaration must be given setting forth the efforts made to locate the address and telephone number of any person entitled to notice for whom such address information is incomplete.

1. An attorney for a conservatee or for a spouse alleged to lack legal capacity in a petition under Probate Code Section 3100 may be appointed where appropriate by the court on its own motion, by petition, or by an unnoticed, ex parte application by any interested party.

2. Unless sooner relieved, an appointed attorney will remain of record until the hearing on the final account.

D. COURT INVESTIGATOR

1. A copy of all filed documents shall be provided for the court investigator. The original documents and one copy shall be presented to the probate clerk at the time of filing. A continuance may be required if any of the required forms are not provided to the court investigator's office.

2. Fees for services of the court investigator shall be paid promptly upon completion of the investigation. In the case of an initial investigation, the fee shall be paid within 120 days of appointment. A petition for waiver of the fee shall be served upon the court investigator's office, and shall only be considered for the account period in which it is requested, unless otherwise ordered by the court.

1. Private professional conservators must maintain an active registration while performing in that capacity.

2. The petition for appointment of a conservator shall state whether or not the proposed conservator is a private professional conservator.

3. Private professional conservators shall attach a declaration to any petition for conservatorship and successor conservatorship which will include his or her registration number, proof of a California driver's license and adequate automobile liability insurance, and information regarding the status of the registration (i.e. whether it is current and complete).

1. Hearings on petitions to determine capacity to give informed consent to medical treatment shall be set no earlier than forty-five (45) days after the filing date to allow time for the court investigator's report.

2. A declaration by a licensed physician, psychologist or psychiatrist who has examined and/or observed and evaluated the conservatee attesting to the fact that the conservatee is no longer able to determine his or her medical care shall be filed with the court. The declaration as to capacity of the conservatee shall be marked "CONFIDENTIAL", filed separately (not as an attachment to the petition or any other document), and placed in the case's confidential file. This declaration is in addition to the medical affidavit.

When the attorney of record obtains a continuance in a conservatorship matter where the court investigator is completing a report, the court investigator's office shall be notified by the party requesting the continuance.

If the letters of conservatorship are not filed within forty-five (45) days of the order appointing conservator, unless application for a longer period is made and granted, the conservator's powers will automatically be suspended and no letters shall be issued by the clerk until a further order is executed by the court.

1. The court may, in its discretion, at the time of appointment, order the conservator of the person to file a General Plan within ninety (90) days after appointment. The General Plan will include the following information:

a. The conservatee's name, address, date of birth, and telephone number;

b. Type of residence;

c. Description of current level of care;

d. Physical and mental condition of the conservatee;

e. Frequency of visits to the conservatee by the conservator;

f. Involvement of family and friends of the conservatee;

g. Estimated annual conservator's fees;

h. Estimated annual attorney's fees;

I. Estimated annual cost of personal care;

j. Anticipated changes in the conservatee's residence, level of care, physical and mental condition;

k. Unusual circumstances related to the conservatee or the conservatorship estate.

2. The General Plan will be considered confidential and should be a separate report so that it can be filed in the conservatee's confidential file. It may only be distributed to those who are entitled to the Investigator's Report, pursuant to Probate Code Section 1851.

3. If a General Plan is ordered and an "Order to Show Cause" (OSC) is issued by the court for failure to submit a General Plan within the required time, the hearing on the OSC will automat-ically be dismissed upon the timely filing of a proper General Plan prior to the hearing on the OSC.

4. The conservator must give notice of the filing of the plan pursuant to Probate Code Section 1460.

a. Objections to the plan may be filed within thirty (30) days after the filing of notice of filing.

b. The court may schedule a hearing on the plan if there are objections or if the court determines that a hearing would be in the conservatee's best interest.

5. This local court rule does not apply to conservatorships in which the Director of Develop-mental Services or Public Guardian is appointed conservator.

1. Notwithstanding the repeal of the statutory requirement to do so, all conservators must file a status report after the first anniversary of the establishment of the conservatorship and biennially thereafter. Status reports shall be filed as separate reports to be included in the conservatee's confidential file.

2. All status reports shall contain the information required in General Plans as stated in sub-paragraph G above.

3. If an "Order to Show Cause" (OSC) is issued by the court for failure to file a Status Report within the required time, the hearing on the OSC will automatically be dismissed upon the timely filing of the Status Report.

1. Court approval ordinarily is not required to expend funds up to $4,000 per month for the support of a conservatee. Court approval should be sought to expend funds exceeding $4,000 per month for the support of a conservatee, especially it there is a probability that the estate will be entirely consumed by reason of such payments.

2. Prior court approval is required to expend money for the support of anyone other than the conservatee, such as maintenance of dependents of the conservatee and the payment of surplus income to the family of a conservatee.

3. Notice of hearing must be given under Probate Code Section 1460.

Probate Code Sections 2640-2646 govern the fees of the conservator and attorney. In addition to these statutory rules, the following apply:

1. In addition to a narrative of the services performed and value to the estate, the petition for fees shall set forth the dates, time spent, specific description of services performed and the hourly rate of the person(s) performing the services.

2. The court will review requests for fees on a case by case basis, considering the experience, knowledge, expertise and professional status of the conservator or attorney, as well as the difficulty or complexity of the case, responsibility assumed, and the urgency demanded.

a. Principles by which the reasonableness of the requested fees will be reviewed include:

(i) Whether conservators have sub-contracted for services that do not require their level of skills and which can be billed at a lower hourly rate. These may include bookkeeping, transportation and housekeeping. The appointed conservator shall be responsible to ensure that the sub-contractors have social security numbers, and are licensed and insured if operating an automobile during the course of their duties.

(ii) Costs for "overhead", including mileage, phone calls and photocopy charges, will not be found to be reasonable absent extraordinary circumstances.

(iii) Fewer conservator hours will usually be expected if the conservatee is in a residential care setting rather than in a private home.

3. In appropriate circumstances, particularly where all or a portion of the fee exceeds the cash on hand in the estate, the court may issue its order imposing a lien for fees on any or all of the assets of the estate, subject to liquidation for reasons other than satisfaction of the unpaid fee.

1. The conservatee's presence at the hearing for appointment of a successor conservator will not automatically waive the investigation if there is any opposition or other concerns surrounding the circumstances at the time of the petition. In cases where an investigation is required, the petition shall be set for hearing no earlier than forty-five (45) days following the filing in order to provide the court investigator with sufficient time to complete the investigation.

2. Judicial Council form GC-310 must be used in all petitions for appointment of successor conservators.

When the conservatorship is being terminated for reasons other than death, it is recommended that the attorney of record set a termination hearing at least thirty (30) days in advance in order to allow time for a court investigator report. (Revised effective 7/1/06)

1. The petition for appointment of a temporary conservator/guardian may be brought ex parte, provided that the notice provisions of Probate Code Sections 2250(e) are satisfied, either by giving notice or by submission of a declaration showing facts sufficient to allow the court to determine that good cause exists to eliminate or alter the notice requirements and provided that the following information is submitted:

a. The original and copy of the petition and proposed order;

b. A detailed statement of facts in the petition establishing the necessity for the temporary conservatorship/guardianship; and

c. An endorsed filed copy of the petition or appointment of the permanent conservator/guardian. However, if the attorney is informed that the petition for appointment of a permanent

conservator/guardian will be contested, all known potential objectors shall be notified at least 48 hours in advance of the time and place the petition for appointment of the temporary conservator/guardian will be presented.

2. Ordinarily the court will require a bond for temporary conservators/guardians of the estate.

3. Letters of temporary conservatorship/guardianship expire on the date of the hearing on the appointment of the permanent conservator/guardian or thirty (30) days after appointment of the temporary conservator/guardian, whichever is later, unless the court extends the termination date pursuant to Probate Code Section 2257 (2)(b).

4. The appointment of an attorney for the proposed conservatee, shall be specified on item 3(I) of the "Order Appointing Temporary Conservator".

1. When the bond of a conservator or guardian must be increased, the court favors the filing of an additional bond rather than the filing of a substitute bond. When liability of a conservator's or guardian's bond is to be decreased, the court favors the use of an order decreasing the liability of the existing bond rather than the filing of a substitute bond.

2. Inventory and Appraisals shall contain the information in the "Statement About the Bond" section of the Judicial Council form.

3. The court will consider an order with no bond required, or with minimal bond where:

a. It is proved through declaration or other sworn testimony that conservatee knowingly and competently executed a document nominating the proposed conservator of the estate and waiving bond; and

b. In the court's opinion the estate is not at undue risk.

1. Petitions for approval of periodic accountings and for fees may be reviewed by a member of a Volunteer Auditor's panel. The auditor may review the petition and accounting for the following:

a. The timeliness of the accounting;

b. The filing of an Inventory and Appraisement and Confidential Status Report;

c. The balance of the Summary of Account;

d. The rate of depletion of the estate;

e. The sufficiency and validity of bond;

f. The income of the estate, including whether all income of the estate is shown in Schedule "A," and whether all bank accounts are kept in California accounts;

g. The disbursements of the estate, including the date, purpose and amount of each expenditure, and whether they are reasonable in light of the benefit to the conservatee/ward and/or the estate. The schedule of disbursements shall also be reviewed for any payments made to the conservator/guardian or counsel for conservator/guardian;

h. Whether sales of property, if any, have been made appropriately;

2. The fees requested by the conservator/guardian, if any, and whether such fee request is reasonable, and whether the statement of services provided is sufficiently detailed.

3. The review of the volunteer auditor may give the petition an overall rating, and if any action is called for, will specifically address such deficiencies to be corrected by the conservator/guardian. The report shall be reviewed by the office of the court investigator upon its completion, filed and served on all the parties. The content of the auditor report shall not be used as a basis for the parties to take further action unless specifically directed by order of the court.

D. DEATH

Upon the death of the conservatee or ward, the conservator or guardian shall file a copy of a death certificate with the court within thirty (30) days.

E. FINAL ACCOUNTINGS FOLLOWING DEATH OF CONSERVATEE OR WARD

Conservators or guardians shall file a death certificate within thirty (30) days of the death of the conservatee or ward. The final accountings, as required in the Probate Code, shall be filed within ninety (90) days of the death of the conservatee or ward. (Revised effective 7/1/08)

RULE 10.04 PROBATE PROCEEDINGS

A. COPY OF WILL

Each petition for probate of a will shall have attached thereto a typed copy of the will. If less than an entire document is offered for probate, the petition, and the proposed order shall specify the material offered for or admitted to probate.

B. PROBATE REFEREES

Requests for appointment of probate referees shall be submitted to the Executive Officer and Clerk, together with appropriate forms of orders. The Executive Officer and Clerk shall complete the orders, entering the names of referees in accordance with an approved plan of assignment. Variance from appointment in accordance with the plan shall be made only by a judge.

C. PROBATE BOND

1. When the probate bond must be increased, the court favors the filing of an additional bond rather than the filing of a substitute bond. When liability of a personal representative's bond is to be decreased, the court favors the use of an order decreasing the liability of the existing bond rather than the filing of a substitute bond.

2. Inventory and Appraisals shall contain the information in the "Statement About the Bond" section of the Judicial Council form. (Revised effective 7/1/98)

RULE 10.05 ORDERS  (Deleted effective 7/1/98)

RULE 10.06 EX PARTE PETITIONS  (Deleted effective 7/1/98)

RULE 10.07 COPY OF WILL  (Deleted effective 7/1/98)

RULE 10.08 BROKERS’ COMMISSIONS  (Deleted effective 7/1/98)