Chapter 1 - Rules of Practice

California Probate Code — §§ 1000-1004

Sections (6)

Amended by Stats. 2017, Ch. 32, Sec. 3. (AB 308) Effective January 1, 2018.

(a)Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code. All issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions.

(b)For purposes of determining when a petitioner in a proceeding under this code may commence discovery as to nonparties, the time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply, except that the time periods shall commence to run upon service of the petition and notice of hearing upon all parties entitled to notice. Nothing in this subdivision shall either alter when a

respondent in such a proceeding may commence discovery or increase the extent to which nonparties may be subject to discovery.

§ 1001

Enacted by Stats. 1990, Ch. 79.

(a)The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may provide by local rule for the practice and procedure under this code. Judicial Council and local court rules shall be consistent with the applicable statutes.

(b)The Judicial Council may prescribe the form of the applications, notices, orders, and other documents required by this code. Any form prescribed by the Judicial Council is deemed to comply with this code.

§ 1002

Enacted by Stats. 1990, Ch. 79.

Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require.

§ 1003

Amended by Stats. 2023, Ch. 260, Sec. 20. (SB 345) Effective January 1, 2024.

(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:

(1)A minor.

(2)A person who lacks legal capacity to make decisions.

(3)An unborn beneficiary.

(4)An unascertained person.

(5)A person whose identity or address is unknown.

(6)A designated class of persons who are not ascertained or are not in being.

(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

(c)The reasonable expenses of the guardian ad litem, including compensation and attorney’s fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.

(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:

(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.

(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.

(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.

§ 1003.5

Added by Stats. 1994, Ch. 472, Sec. 1. Effective January 1, 1995.

The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no other qualified person is willing to act as a guardian ad litem.

§ 1004

Amended by Stats. 2003, Ch. 32, Sec. 1. Effective January 1, 2004.

If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure.