LCR 98.04. Estates--Probate--Notices

(a) Probate Hearings. Probate matters shall be presented to the Ex Parte and Probate Department in accordance with the policy guidelines in the probate manual issued by the Court and the Motions and Hearings Manual issued by the Clerk. The judicial officer may refer contested proceedings to the Clerk who shall issue a case schedule and assign a judge.
(b) Clerk's File and Noticed Hearings Required. The following matters shall be noted for hearing at least 14 days in advance:
(1) All guardianship and decedent's estate matters involving the approval of periodic reports, final accounts or the expenditure of funds;
(2) Petitions for Nonintervention Powers, unless notice has been waived by the parties or is not required by law;
(3) Interim accounts in estate matters;
(4) Motions for confirmation of sale of real estate;
(5) Motions for approval of minor settlements; or
(6) Any other matter in which the court is requested to find that certain procedural steps have been taken.
(7) Working copies of all documents in contested matters and those matters requiring notice must be submitted to the Ex Parte and Probate Department, hearing judge, or commissioner, not later than seven days preceding the hearing. Response documents including briefs, if any, must be filed with the clerk, copies shall be served on all parties, and working copies shall be submitted to Ex Parte, the hearing judge, or commissioner, no later than noon four judicial days prior to the hearing time. Documents in strict reply thereto shall be similarly filed and served no later than noon two judicial days prior to the hearing. Working copies shall be submitted pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.
(c) Bonds to be Signed by Principal. All bonds required of personal representatives shall be signed by the principal and shall contain the address of the surety.
(d) Order for Production of Wills. Upon filing any petition showing jurisdictional facts as to the estate of a deceased person and alleging that it is believed that a will exists and is in a safety deposit box to which the deceased had access, any person having control of such safety deposit box may be directed by court order to open such box in the presence of the petitioner, and if a document purporting to be a will of the deceased is found, the custodian of such safety deposit box shall deliver the same to counsel for the petitioner for immediate filing or to the clerk of the court.
(e) Appointments; Eligibility of County Employees. No county employee shall be appointed guardian or administrator in any matter in which compensation is allowed, unless he/she has an interest or blood kinship, or as an heir, or of a financial nature.
(f) Probate Homesteads; Prior Claims. In all cases where a petition for allowance in lieu of homestead or in addition thereto is filed by the surviving spouse, vouchers showing the payment of funeral expenses, expenses of last sickness and of administration including fees of appraisers, or a signed written statement by the creditor that such payment has been provided for, must be filed at or before the time of the hearing of said petition.
(g) Oaths. The Personal Representative(s) name must be typed or printed on the oath as it appears in the order. When a Personal Representative in an estate changes his or her name, he or she must obtain an order for new letters and file an oath under the new name in order to receive new letters.
(h) Order Appointing Personal Representative. The order shall contain the name(s) of the Personal Representative as it appears in the oath.
(i) Notification of Change of Address. Any person appointed as Personal Representative or Administrator of an estate must file a notice of change of address with the court within 30 days of the change.

[Amended effective September 1, 1984; September 1, 1999; September 1, 2001; September 1, 2004; September 1, 2005; September 1, 2006; September 1, 2008; January 1, 2009; June 1, 2009; September 1, 2018; September 1, 2021; September 1, 2023.]