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Chapter 10 (Rules 7.450 to 7.452): trustee compensation and attorney's fees (Rule 7.450); establishment of a trust (Rule 7.451); and establishment of a special needs trust from inheritance by court order (Rule 7.452).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 10. Trusts Rule 7.450. Trustee Compensation, and Attorney’s Fees Petitions for approval of prospective or previously paid compensation to trustees and/or their attorneys should discuss the factors in California Rules of Court, Rule 7.776 to the extent warranted by the circumstances of the case. See Probate Code §§ 16243 and 16247. For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.450 revised effective 1/1/16) Rule 7.451. Establishment of a Trust (a) Trust provisions for incapacitated person Absent special circumstances, whenever a trust is to be established by court order for the benefit of an incapacitated person, the trust shall contain the following provisions: Protector of Trustor: Regardless of any other provision of the trust, in administering the trust, the trustee shall be subject to the same terms and conditions as a conservator of the estate during the lifetime of the trustor, including but not limited to: (1) Posting bond for assets and income of the trust. (2) Accounting to the Court (to be filed in this proceeding). (3) Abiding with investment limitations. (4) Adhering to limitations on gifts, pledge or sales of assets (including returns for confirmation and overbids). (5) Providing for the trustor’s needs without regard for the interest of the remainder beneficiaries. (6) Obtaining prior court approval for payment of fees to attorneys, conservators and trustees. (7) Obtaining prior court approval of any change of trustee during the trustor’s lifetime. (8) Obtaining prior court approval for sale of beneficiary’s personal residence, regardless of whether or not the residence was previously property of a conservatorship estate (Rule 7.451(a)(8) revised effective 1/1/15) (b) Bond requirement in order The formal order shall provide that the trustee may not receive assets or otherwise act until the filing of a bond in the amount set by court. (Rule 7.451 revised effective 1/1/16) Rule 7.452. Establishment of Special Needs Trust from Inheritance by Court Order To the extent that a person with special needs has not received a distribution of an inheritance from a probate or trust estate, the court may, upon suitable petition, issue an order establishing a special needs trust under Probate Code 3600 et seq. or 4541 complying with 42 United States Code §1396p(d)(4)(A). Unless the order explicitly excludes application of Local Rule 7.451. Local Rule 7.451 shall apply to administration of the special needs trust. NOTE: For discussion of establishment of special needs trusts by court order, see Sections 11.10 through 11.46 and 15.24 of the CEB treatise on Special Needs Trusts. (Rule 7.452 revised effective 1/1/23)
Chapter 10. Trusts Rule 7.450. Trustee Compensation, and Attorney’s Fees Petitions for approval of prospective or previously paid compensation to trustees and/or their attorneys should discuss the factors in California Rules of Court, Rule 7.776 to the extent warranted by the circumstances of the case. See Probate Code §§ 16243 and 16247. For information about Contra Costa Probate Court Fees and C
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.