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Notice Of Filing Of Inventory And Appraisal And How To Object Form. This is a California form and can be use in Probate Guardianship-Conservatorship Judicial Council.
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Tags: Notice Of Filing Of Inventory And Appraisal And How To Object, GC-042, California Judicial Council, Probate Guardianship-Conservatorship
GC-042 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CONSERVATORSHIP OF (Name): GUARDIANSHIP OF THE PERSON AND ESTATE CONSERVATEE MINOR CASE NUMBER: NOTICE OF FILING INVENTORY AND APPRAISAL AND HOW TO OBJECT TO THE INVENTORY OR THE APPRAISED VALUE OF PROPERTY 1. NOTICE is given that (name): Conservator Partial No.: Guardian Final , of the estate of the above-named conservatee or ward, filed with the court a Supplemental Corrected . Reappraisal for Sale Inventory and Appraisal on (date filed): 2. If you object to the Inventory and Appraisal identified above or to the appraised value of any property listed in it, and you want the court to hear your objections, they must be in writing, signed by you under penalty of perjury, and filed with the court at the court's address stated above. If you object to the appraised value of any property listed in the Inventory and Appraisal, you must file your objections with the clerk of the court no later than 30 days after the date specified in item 1 above. 3. If you object to a Final Inventory and Appraisal or to an Inventory and Appraisal filed on or after the later of (1) 90 days from the date of the order appointing the conservator or guardian or (2) the last day of any extension granted by the court for filing the Inventory and Appraisal, in addition to the objections described above you may also object to that Inventory and Appraisal and all others previously filed on the ground that they do not list property that should have been listed and valued as property of the estate. 4. You may prepare your written objections on form GC-045, Objections to Inventory and Appraisal of Conservator or Guardian. When you file your objections, the court will set a date, time, and place for a hearing on them. Unless the court orders otherwise, you then must arrange for someone other than yourself to mail, at least 15 days before the hearing date, copies of your objections and copies of another form, form GC-020, Notice of Hearing--Guardianship or Conservatorship, showing the date, time, and place of the court hearing, to (1) the conservator or guardian of the estate; (2) the conservator's or guardian's attorney, if any, at the address shown at the top of this form; (3) the conservatee or the minor (if the minor is at least 12 years of age; if not, to the minor's parents, guardian, or other adult residing with the minor who has legal custody); (4) the spouse or registered domestic partner of the conservatee or the spouse of the minor; (5) any person who has filed form DE-154/GC-035, Request for Special Notice, in this case; and (6) any probate referee who made an appraisal of property to which you object. (You do not have to ask someone to mail copies to you if you are one of the persons listed above.) You must then arrange for the person who did the mailing to complete and sign the proof of service on page 2 of the original Notice of Hearing and file the Notice with the court before the date of the hearing. 5. At the hearing the court will consider and determine the merits of your objections and may fix the true value of any property to the appraised value of which you have objected. The court may order an independent reappraisal by one or more additional appraisers at the expense of the conservatorship or guardianship estate, but if your objection to the appraisal of any property that the court orders to be reappraised is not upheld by the court, the cost of the reappraisal may be charged to you. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least five days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civ. Code, § 54.8.) Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California GC-042 [New. January 1, 2008] NOTICE OF FILING OF INVENTORY AND APPRAISAL AND HOW TO OBJECT TO THE INVENTORY OR THE APPRAISED VALUE OF PROPERTY (Probate--Guardianships and Conservatorships) Probate Code, §§ 2610, 2614 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com GC-042 CONSERVATORSHIP OF (Name): CONSERVATEE MINOR GUARDIANSHIP OF THE PERSON AND ESTATE CASE NUMBER: INSTRUCTIONS TO CONSERVATOR OR GUARDIAN Each time you file an Inventory and Appraisal in this matter, you must complete this Notice of Filing Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property. You, your attorney, or an employee of your attorney must mail copies of the completed Notice and court file-stamped copies of the filed Inventory and Appraisal to the conservatee, the attorney for the conservatee or ward, the conservatee's spouse or registered domestic partner, and the conservatee's first-degree relatives (parents and children) or, if none, to the conservatee's nearest relative. The person who does the mailing must complete and sign the proof of mailing below. You then must file the original Notice with the court. PROOF OF MAILING I am over the age of 18. I am the appointed conservator or guardian, the conservator's or guardian's attorney, or an employee of the attorney. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify): I mailed the foregoing Notice of Filing Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property on each person named below by enclosing a copy in an envelope addressed as shown below AND a. b. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. b. Place mailed (city, state): 1. 2. 3. 4. a. Date mailed: 5. I mailed with this Notice of Filing Inventory and Apprai