SECTIONS 1000-1004 - California Statutes

PROBATE CODE

SECTION 1000-1004

1000. 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.

1001. (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. 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. (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) An incapacitated person.
(3) An unborn person.
(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 such other source as the
court orders.

1003.5. 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. 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.