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Chapter 13, the probate guidelines' attachments: Attachment 1 - The ABCs of Dividing the Commission Pie in Probate Sales (with its chart); Attachment 2 - Probate Department Fees and Costs Guidelines; Attachment 3 - Fee Declaration Template; and Attachment 4 - Probate Department Operations (the probate calendars, ex parte applications submitted to the Probate Examiners between 9:30 a.m. and 11:00 a.m., and tentative rulings).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 13. Guidelines for Probate Rules - Attachments Guideline, Attachment 1 – The ABCs of Dividing the Commission Pie in Probate Sales (includes chart) LLOYD W. HOMER, ESQ. CAMPBELL (a) Division of broker commission The following chart demonstrates the division of the broker commission when estate property is sold subject to Court confirmation pursuant to Probate Code Sections 10160-10167. If the property subject to sale is being sold pursuant to the personal representative’s authority under independent administration, the chart is inapplicable and Probate Code Sections 10400-10600 must be consulted. For sales subject to Court confirmation, the personal representative also needs to consult Probate Code Sections 10250-10264 (personal property) and Probate Code Sections 10300-10316 (real property) regarding the manner of conducting the sale. WHO ARE A, B AND C? A = The estate (Seller). If the estate has a broker, that will be broker A. B = The bidder (Buyer). If the bidder has a broker, that will be broker B. C = The successful overbidder (New Buyer). If C has a broker, that will be broker FACTS: Original bid $100,000. Where there is an overbid, the increased bid is $110,000 Commission allowed by the Court is 6% A SELLER B BUYER C OVERBIDDER PROBATE CODE SECTION COMMISSION TO BROKER 1 No Broker No Broker No Over bid None None 2 No Broker No Broker No Over bid None None 3 No Broker No Broker Broker 10163(b) “C” receives $5,000 (Not $6,600 because of limitation of Section 10162) 4 No Broker Broker No Over bid 10162.3 “C” receives $6,000 5 No Broker Broker No Broker 10164 “C” receives $6,000 6 No Broker Broker Broker 10165(c)(2) “B” receives $3,000 10165(b) “C” receives $3,600 ($3,000 on original bid and $600 on the increased bid) 7 Broker No Broker No Over bid 10162.5 “A” receives $6,000 8 No Broker Broker No Over bid 10162.7 “A” receives $3,000 “B” receives $3,000 (or as “A” and “B” have agreed) 9 Broker No Broker No Broker 10162.5 “A” receives $6,000 10 Broker No Broker Broker 10165(c)(1) “A” receives $3,000 10165(b) “C” receives $3,600 ($3,000 on original bid and $600 on the increased bid) 11 Broker Broker No Broker 10164(c) “A” receives $3,000 “B” receives $3,000 (or as “A” and “B” have agreed) 12 Broker Broker Broker 10165(c)(3) “A” receives $1,500 “B” receives $1,500 (or as “A” and “B” have agreed) “C” receives $3,600 ($3000 on original bid and $600 on the increased bid) The following documents are provided as referenced by the local rules, but are not intended to be adopted as local rules. These documents are included for informational purposes only. (Guideline Attachment 1, revised effective 7/1/06) Guideline, Attachment 2 – Probate Department Fees and Costs Guidelines The Probate Department has established these general guidelines for allowable fees and costs in probate, trust, guardianship and conservatorship proceedings. FEES (a) Particular Fees for Probate Investigations Unit (1) The fee for probate investigations for guardianship and conservatorship investigation is $800. (2) The fee for probate investigations for conservatorship reviews is $500. (3) The fee for probate investigations for guardianships of the estate and off-year accountings for conservatorships of the estate is $300. (4) The fee for probate investigations for guardianship of the estate review shall be $500. (b) Attorney’s rates: The standard maximum attorney’s fees for guardianships, conservatorships and extraordinary probate services is set forth below. The Court will consider higher hourly rates upon a showing of good cause. The standard maximum attorney’s legal assistant rate is $175.00 per hour. Attorney Years of Experience Guideline Hourly Rates Range 0-5 $295-$350 6-10 $350-$400 11-19 $400-$475 20+ $500 Attorneys with California State Bar Specializations or LL.M. degrees in either Estate Planning, Trust & Probate Law, or Taxation shall receive an additional $50.00 per hour. Multiple increases are not permitted for attorneys with a State Bar Specialization and LL.M. degree. (c) Fiduciary rates: The maximum allowable hourly rate for professional fiduciaries is between $125 and $195 per hour. Fiduciary staff rates for care managers are between $95 and $175 per hour, and between $85 and $125 per hour for administrative staff. (d) Non-professional fiduciary rates: The standard maximum hourly rate for other fiduciaries is $75.00 per hour. (e) Higher rates: The determination of requests for higher rates will be based on all relevant factors presented, including special expertise applicable to the services provided, circumstances of the service, and relationship to the decedent, or other parties. (f) Travel time: The Court will not generally allow attorney fees for more than two hours of travel time, total, per appearance. (g) Format and content: (1) Fee requests, except those calculated using a percentage of the assets, shall include a narrative description of the types of services performed, including the number of hours and the rates requested for each type, distinguishing between hours and rates for each person performing each type of service. “Types of services” means a project-based approach, so that all activities (e.g., correspondence and phone calls, drafting pleadings, court appearances, research, etc.) related to a particular objective (e.g., initial petition, general administration, each contested matter, sale of property, substituted judgment, preparation of each accounting, etc.) should be summarized and addressed together as one “type.” Do not group and discuss services based on activity (e.g., all court appearances as one “type,” all correspondence as another “type,” etc.). Requests for fees for attorney’s legal assistants must be in compliance with California Rules of Court, Rule 7.703(e) which includes compliance with Business and Professions Code § 6450(a). The request shall state such compliance. Fee requests for fiduciaries and staff should include the qualifications of the biller, such as number of years of experience as a fiduciary or in a related field, education, and any other special skills or benefits that justify the billing rate and/or need for the provided services. (2) Copies of timesheets or billing statements need not be attached or provided unless requested by the Court or its staff (probate examiners or court investigators). However, in anticipation that time records or statements may be requested, separate entries should be made for each different activity and project, so that the amount of time expended for one activity is not obscured by “clumping” it with other activities in a single time entry. (3) Fee requests, except those calculated using a percentage of the assets (see paragraph H below) and those below the maximum amount without a declaration (see subparagraph G.4 below), shall state the number of hours expended by the attorney in preparing the explanation and justification of the attorney’s compensation, and also the number of hours expended by the attorney in preparing the explanation and justification of the fiduciary’s compensation, if applicable. The Court will ordinarily approve up to two and a half hours for preparation of the attorney fee explanation without requiring separate justification for the amount of time spent. The Court is likely to require separate justification for attorney time spent in excess of two and a half hours for the attorney fee portion. The Court may require separate justification for any amount of attorney time spent on the fiduciary fee portion. (4) Notwithstanding the foregoing, the Court will ordinarily approve an annual fiduciary fee of up to $2,500.00 for non-professional fiduciaries, and up to $3,000.00 for professional fiduciaries, without requiring a declaration. (5) See Fee Declaration Template below for example of how narrative description and explanation might be presented. (h) Percentage of assets calculations: The Court will approve, without a supporting declaration, annual fees of up to one percent (1%) of the present fair market value of all estate property only upon a factual showing that either (1) the governing instrument specifically provides for this measure of compensation, or (2) this measure of compensation is reasonable (considering the factors set forth in California Rule of Court 7.776) and in the best interests of the estate and its beneficiaries. The conclusory statement that “annual fees of 1% of the present fair market value of all estate property is customary in the community”, or words to that effect, without more, is not a sufficient factual showing for this purpose. Unless otherwise stated in the governing instrument, the “present fair market value of all estate property” shall include all real and personal property at the beginning of the accounting period, but not including income received during the accounting period or net gains and/or losses. Good faith estimates of fair market value of real property by the fiduciary are sufficient for this purpose. Notwithstanding the foregoing, the court retains the discretion to adjust requested compensation on a case-by-case basis, after considering all of the facts. The Court will ordinarily approve a minimum annual fiduciary fee of up to $1,500.00 for non-professional fiduciaries, and up to $3,000.00 for professional fiduciaries. (Guideline, Attachment 2, Fees revised effective 1/1/23) COSTS AND EXPENSES (i) Reasonable costs Reasonable court costs will be allowed. (j) Disallowed costs The Court will not allow reimbursement, or approve expenditures, for expenses incurred for ordinary business operations associated with services compensated by: (1) statutory compensation or; (2) professional fees (e.g., attorneys, professional fiduciaries and corporate fiduciaries). Unusual amounts of such expenses which are disproportionately large in consideration of the fee amount may be approved. These expenses include, without limitation, copying, postage, telephone calls (excluding CourtCall costs), cellular telephone charges, facsimile transmissions, email or internet access. Courier rates and charges may be subject to court review. Upon a proper and detailed showing, reimbursement for travel and other expenses may be allowed. Attorneys and fiduciaries may claim copy expenses for any timesheets or billing invoices attached to fee declarations or petitions or produced upon request, and for reproduction of documents required under Probate Code § 2620(c), at the rate of 10 cents per page (if reproduced in-house) or actual out-of-pocket expense (if reproduced by outside copy service, for black and white on ordinary copy paper). (Guideline, Attachment 2, Costs revised effective 1/1/20) (Guideline, Attachment 2, revised effective 1/1/21) Guideline, Attachment 3 – Fee Declaration Template Components of fee declaration [caption] 1. I am [identifying information]. I make this declaration in support of [reference to petition or other purpose]. Statements herein are true of my personal knowledge, except for those stated upon information and belief, which I also believe to be true for the reasons stated. 2. This declaration describes services I have provided from [beginning date] through [ending date]. I am requesting compensation at the rate of $[rate] per hour for my services and [specify other rates for each person billing time included in this fee request]. Total compensation requested is $[total amount], based on [X] hours @ $[first rate] ($[subtotal]) plus [Y] hours @ $[second rate] ($[subtotal]) [continue if needed for more than two persons]. 3. In addition, I am requesting reimbursement for the following costs: [specify] 4. Services for which I am now seeking compensation are summarized as follows [categories are examples only]: [The following categories are more typical of attorney services than fiduciary services] A. Initial Petition: [Describe services rendered by each person involved.] B. Temporary Powers Petition: [Describe services rendered by each person involved.] C. General Administration: [Describe services rendered by each person involved.] [Typical activities for this category would be marshalling assets, preparation of inventory and appraisal, investment decisions, bill-paying and account reconciliation. This is by no means an exhaustive list.] D. Sale of Residence: [Describe services rendered by each person involved.] E. Contested Claim: [Describe services rendered by each person involved.] F. Substituted Judgment Petition: [Describe services rendered by each person involved.] G. Accounting and Fee Petition: [Describe services rendered by each person involved. In addition, specify amount of time spent preparing this fee declaration and (if declarant is the attorney) amount of time spent preparing client-fiduciary’s fee declaration.] [The following categories are more typical of fiduciary services than attorney services] H. Initial Case Evaluation and Document Review: [Describe services rendered by each person involved. This would include conferring with fiduciary’s attorney, proposed beneficiary of services and/or his/her attorney, and preparation of pleadings before appointment.] I. General Care Management: [Describe services rendered by each person involved.] [Typical activities for this category would be evaluating care needs, hiring and supervising care providers, client status monitoring and visitation, accompaniment on medical professional office visits, and communications with family members and other interested persons regarding general health and care status, including fiduciary’s attorney. This is by no means an exhaustive list.] J. General Financial Administration: [Describe services rendered by each person involved.] [Typical activities for this category would be marshalling assets, preparation of inventory and appraisal, investment decisions, bill-paying and account reconciliation, and communications with fiduciary’s attorney regarding these matters. This is by no means an exhaustive list.] K. Sale or Encumbrance of Property: [Describe services rendered by each person involved.] L. Eviction or Other Special Proceeding: [Describe services rendered by each person involved.] M. Accounting and Fee Petition: [Describe services rendered by each person involved.] 5. Time spent on each type of service is summarized as follows: [Match first column categories to descriptions used in paragraph 4. For example, if using the attorney-type categories (which are only examples, not mandatory), row descriptions would be as follows:] Declarant ($X/hr) Person #2 ($Y/hr) Person #3 ($Z/hr) Initial Petition Temporary Powers Petition General Administration Sale of Residence Contested Claim Substituted Judgment Pet. Accounting and Fee Pet. Total hours Charges 6. [If paralegal used, give facts to show compliance Probate Code § 2642(a) and California Rules of Court, Rule 7.754.] 7. [To extent appropriate, add further explanation or justification, including any relevant and significant factors in California Rules of Court 7.702, 7.756, or 7.776.] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: [Date] __________________________________ [Declarant Name and Office] (Guideline, Attachment 3, revised effective 1/1/16) Guideline, Attachment 4 – Probate Department Operations (a) Calendars The probate calendars are as follows: Tuesdays at 1:30 p.m. in Dept. 15 – all probate cases involving the Public Guardian. Tuesdays at 1:40 p.m. in Dept. 15 – all probate cases (e.g. LPS Conservatorships) governed by the Welfare & Institutions Code. All other probate matters are currently scheduled as follows: Mondays, Wednesdays and Fridays at 9:00 a.m. for all other conservatorships. Mondays, Wednesdays and Fridays at 9:30 a.m. for guardianships. Tuesdays and Thursdays at 9:00 a.m. – all other probate matters. (Guideline, Attachment 4(a), revised effective 1/1/18) (b) Ex parte applications All requests for ex parte orders shall be submitted to the Probate Examiners for review between 9:30 a.m. and 11:00 a.m. Monday through Friday, 725 Court Street, Room 210, Martinez, CA. (Guideline, Attachment 4(b), revised effective 1/1/15) (c) Tentative rulings Tentative rulings are generally available at least seven (7) court days before the hearing on the Tentative Rulings Website at www.cc-courts.org/tr. If you are unable to access the website, the number to call between 1:30 p.m. and 4:00 p.m. any time after the ruling is posted is (925) 608-2613. Tentative rulings are not posted for matters on the Tuesday, 1:40 p.m. calendars due to confidentiality requirements. Parties to such matters and their attorneys may receive the tentative rulings for their specific matters by calling the probate staff between 1:30 p.m. and 4:00 p.m. at (925) 608-2613. (Guideline, Attachment 4(c), revised effective 1/1/18) (Guideline, Attachment 4 revised effective 1/1/18)
Chapter 13. Guidelines for Probate Rules - Attachments Guideline, Attachment 1 – The ABCs of Dividing the Commission Pie in Probate Sales (includes chart) LLOYD W. HOMER, ESQ. CAMPBELL (a) Division of broker commission The following chart demonstrates the division of the broker commission when estate property is sold subject to Court confirmation pursuant to Probate Code Sections 10160-10167. If t
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. Review note: Attachment 1's key to its commission chart prints "If C has a broker, that will be broker", without the letter its lines for A and B end with ("broker A.", "broker B."; a defect of the printed book, read on the page image of PDF page 180; carded as printed). Attachment 4(b) gives probate ex parte hours of 9:30 a.m. to 11:00 a.m.; the court's Probate Ex Parte Applications page and its Ex-Parte Motions page (both carded) give 9:00 a.m. to 11:00 a.m. with sign-in from 8:00 a.m. to 9:00 a.m. - which governs is a review task.
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.