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Chapter 2 (Rules 7.50 to 7.65): the probate calendar (Rule 7.50); contested matters (Rule 7.51); appearances (Rule 7.52); verifications (Rule 7.53); submission of a proposed order before the hearing (Rule 7.54); responses to tentative rulings, filed no later than the close of business two (2) court days before the hearing (Rule 7.55); continuances to cure defective pleadings or procedures (Rule 7.56); discretion to waive (Rule 7.58); fees (Rule 7.59); record title (Rule 7.60); court ordered fees for fiduciaries and attorneys (Rule 7.61); factual allegations (Rule 7.62); guardian ad litem (Rule 7.63); special notice to attorneys and clients (Rule 7.64); and coordination of fee petitions with accountings (Rule 7.65).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 2. Probate Court Proceedings Rule 7.50. Probate Calendar (a) Appropriate placement on Probate calendar Probate calendars are arranged to facilitate efficient and effective resolution of matters before the Court. For information about probate calendars go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.50(a) revised effective 1/1/16) (b) Calendar Procedures Parties may request, but are not guaranteed, any particular date for calendaring their matter. For information about probate calendaring, go to the Probate Guidelines section at www.cc-courts.org. Parties who want exceptions to application of the calendar procedures as determined by the clerk may request the Probate Examiners make accommodations to the calendaring procedure—and may make verified application to the Probate Division. (Rule 7.50(b) revised effective 1/1/16) (Rule 7.50 revised effective 1/1/16) Rule 7.51. Contested Matters (a) Scheduling issue conference The Probate Division will manage probate matters until they are ready for trial and will then schedule the matter for an issue conference as otherwise described in Local Rule 3.11. Also see Local Rule 7.1. (b) Alternative Dispute Resolution programs for Probate matters It is the policy of the Court to encourage the parties in all cases to consider the use of appropriate alternative dispute resolution options as a means of resolving their disputes without trial. The court finds that it is in the best interests of all parties that they participate in alternatives to traditional litigation, such as arbitration, mediation, neutral evaluation, and voluntary settlement conferences. Therefore, the court may refer cases to an appropriate form of alternative dispute resolution (ADR) before they are set for trial, unless there is good cause to dispense with an alternative dispute resolution process. (See Title 3, Chapter 5). (Rule 7.51(b) revised effective 1/1/17) (c) Rules for alternative dispute resolution processes other than judicial arbitration (1) Selection of provider. The parties may choose any ADR provider they wish, whether or not that provider is on the list described in the following section of these rules. (2) Good faith participation is required. All parties to an alternative dispute resolution process must participate in the process in good faith. (3) Personal appearance required. In conducting a session, the ADR provider should require the attendance of persons with full authority to resolve the dispute. The provider should only permit telephone appearances if good cause to waive personal appearance was shown in a timely manner prior to the session. (4) Cost of the alternative dispute resolution process. Unless the ADR provider's fees and expenses have been ordered by the court, the parties and the provider must agree on the fees and expenses. The fees and expenses of the provider will be borne by the parties equally, unless they agree otherwise. (Rule 7.51(c) new effective 1/1/17) (d) Alternative dispute resolution provider list The court maintains a panel list of alternative dispute resolution providers to assist parties and counsel in obtaining access to experienced and affordable alternative dispute resolution services. The panel list includes providers in the areas of mediation, neutral case evaluation, private arbitration, and judicial arbitration. The panel list, including names, qualifications, services provided and fees charged, will be posted on the court's website and will be available in the office of the ADR program administrator. (Rule 7.51(d) new effective 1/1/17) (Rule 7.51 revised effective 1/1/17) Rule 7.52. Appearances (a) Appearances in uncontested matters Appearances at the first hearing in uncontested matters are not normally required. Unless otherwise ordered, appearances are required in the following matters: (1) If a person has been cited or ordered to appear at a hearing, appearances by both the party and the party’s attorney of record at that hearing are required. If the citation or order was requested by a party, then the attorney for the requesting party, or the requesting party if in pro per, is also required to appear. (2) If the tentative ruling states “Appearances required” then appearances are required by the proponent of the matters on calendar, and all who have responded so the Court can make appropriate case management orders (e.g. discovery deadlines, or trial setting). Attorneys of record may appear for their clients. (Rule 7.52(a)(2) revised effective 1/1/13) (3) The proponent and all who have responded must attend at all subsequent hearings related to case management orders (e.g. discovery deadlines, or trial setting) if a matter has been continued previously, or the parties are advised otherwise by the tentative ruling. Attorneys of record may appear for their clients. (Rule 7.52(a)(3) revised effective 1/1/16) (b) Sanctions for failure to appear A failure to appear as required may result in sanctions pursuant to Code of Civil Procedure Section 177.5. (Rule 7.52 revised effective 1/1/16) Rule 7.53. Verifications Verifications standards: (1) The attorney who represents a ward or conservatee may verify pleadings filed on behalf of the ward or conservatee. (2) An attorney’s verification on behalf of a client may be sufficient for pleading purposes, but unless the verification provides that the facts are within the personal knowledge of the attorney, then this does not provide the evidentiary support necessary for a ruling. (3) An attorney’s declaration as to facts or attachments which were allegedly intended to be included in a statement previously verified by the attorney’s client is ineffective. (Revised effective 1/1/03 per Code of Civil Procedure Section 2015 and California Rules of Court, Rule 7.103) (Rule 7.53 revised effective 1/1/15) Rule 7.54. Submission of Proposed Order Before Date of Hearing Except in the case of confirmations of sales, orders must be submitted to the Probate Division at least three (3) court days in advance of the scheduled hearing date. The hearing date shall be stated in the order. The proposed order shall be prepared on the assumption the petition will be granted, including requested fees. Orders submitted later will be reviewed and processed after the hearing and will generally be available the morning after the hearing. (Rule 7.54 revised effective 1/1/15) Rule 7.55. Responses to Tentative Rulings Tentative rulings or calendar notes are available before the calendar hearings in the Probate Guidelines section at www.cc-courts.org. In order to be considered, responses to tentative rulings must be filed no later than the close of business, two (2) court days before the hearing and endorsed filed copies delivered to the Probate Examiner. (Rule 7.55 revised effective 1/1/16) Rule 7.56. Continuances to Cure Defective Pleadings or Procedures (a) Continuance of first hearing The first hearing on a matter may be continued to enable the petitioner to correct defective pleadings or procedures identified in the tentative ruling. The continuance can be made by telephone request to the clerk, or by the Court on its own motion, even if no appearance or request for continuance is made. (b) Continuance or dismissal of matter After the first hearing, the matter may be dismissed unless the petitioner shows good cause for a further continuance, by a filed declaration or an appearance at the hearing. Continuances following the first hearing may not be secured by requesting a continuance from the clerk. (c) Renotice of dropped matters A matter once dropped must be renoticed after it has been placed back on calendar. A matter dismissed must be refiled and renoticed. (Rule 7.56(c) revised effective 1/1/01) (Rule 7.56 revised effective 1/1/15) Rule 7.57. JUDICIAL COUNCIL FORMS. REPEALED (See CALIFORNIA RULES OF COURT, RULE 7.101) Rule 7.58. Discretion to Waive The Court for good cause may waive the application of any Local Court Rule or Probate Guideline in an individual case. (Rule 7.58 revised effective 1/1/15) Rule 7.59. Fees (a) Fee guidelines The Probate Division may, from time to time, publish fee guidelines for the assistance of counsel and others. For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.59(a) revised effective 1/1/16) (b) Fee petitions for fiduciaries Fee petitions for fiduciaries and their attorneys, as well as for others seeking payment from an estate in a probate department case (e.g., court-appointed counsel for conservatees with an adequate estate) are governed by a common set of guidelines but are subject to somewhat different considerations depending on the type of case in which they are presented. The common guidelines, dealing with format and acceptable rates and reimbursable costs, are contained in Chapter 12 below, and in the Contra Costa Probate Court Fees and Costs Guidelines at www.cc-courts.org. (Rule 7.59(b) revised effective 1/1/16) (c) Evaluation of fee petitions Other considerations for evaluating fee petitions in more specific contexts are referenced in Local Rules 7.306 (probate administration), 7.426 (probate guardianships and conservatorships, including LPS conservatorships), and 7.450 (trusts). Also, see Local Rules 7.61 and 7.65 for additional instructions applying to all fee petitions. (Rule 7.59(c) revised effective 1/1/23) (Rule 7.59 revised effective 1/1/16) Rule 7.60. Record Title (a) Disclosure of title of record If a Title of Record for a decedent’s interest in an asset is different than the decedent’s interest is alleged to be in a petition determining the characterization or disposition of the decedent’s interest, the petition shall disclose to the Court what the Title of Record is for the asset. For example, if a Spousal Property Petition is filed seeking determination that community property realty passed to the surviving spouse, and the title of record for the property to the property is held as “joint tenants with right of survivorship” then that fact shall be disclosed. (b) Community property Community property held in joint tenancy title will be treated as community property unless there was a formal and express transmutation from community property. (Rule 7.60 revised effective 1/1/15) Rule 7.61. Court Ordered Fees for Fiduciaries and Attorneys (a) No attorney for a guardian, guardian ad litem, minor, conservator, conservatee or personal representative shall request or accept any compensation from the estate (whether or not subject to court supervision) of the ward, incapacitated person, conservatee or decedent’s estate without prior court order. This does not require prior court approval of payments received from trusts or other persons. (b) The requirement of prior court approval applies to any attorney for any of the specified fiduciaries who is representing the fiduciary in any other civil action. For example, if a creditor files suit against a decedent’s estate, and the personal representative hires separate counsel to defend the suit, prior court approval is required before payment of any fees to the separate counsel. (c) In awarding or allowing reimbursement for compensation in situations described in paragraph (a), the Court is neither bound by (1) the terms of any attorney fee agreement executed without prior court approval in the proceeding nor (2) any amounts that have been paid previously. (See California Rules of Court, 7.753, 7.754, 7.755.) For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.61 revised effective 1/1/16) Rule 7.62. Factual Allegations Declarations which merely recite or incorporate reference to code sections do not provide an evidentiary basis for action by the Court absent evidence that the declarant is an attorney or otherwise has sufficient expertise to express a credible opinion as to the operation of the code section. Absent such expertise, facts evidencing necessary compliance with a code section shall be stated in the pleadings. (Rule 7.62 revised effective 1/1/16) Rule 7.63. Guardian ad Litem (a) Representation of guardian ad litem A guardian ad litem must be an attorney or must be represented by an attorney. (b) Waiver of beneficiary rights A guardian ad litem may not waive or disclaim any substantive rights of the beneficiary without prior approval by the Court. (Rule 7.63 revised effective 1/1/15) Rule 7.64. Special Notice to Attorneys and Clients A request for special notice by an attorney, absent an express statement otherwise, does not constitute a waiver of the notices required to be sent to the attorney’s client under Probate Code Section 1214. (Rule 7.64 revised effective 1/1/15) Rule 7.65. Coordination of Fee Petitions with Accountings (a) Filing fee petitions Although the Probate Code does not prohibit fee petitions from being filed separately from accountings, the Court prefers to determine the amount of fees for fiduciaries and their attorneys (and if possible, for other attorneys who need prior approval for payment in the case) at the time the fiduciary’s accounts are reviewed. (b) Filing requirements A petition before an accounting may be filed to determine compensation as long as the Inventory and Appraisal has been filed showing sufficient assets to pay the requested compensation (this condition does not apply to cases, such as trust administration, where an Inventory and Appraisal is not required to be filed). However, the fiduciary and counsel will not be allowed fees or costs from the estate for bringing such early petition, unless good cause for allowing fees before an accounting is shown. (c) Fee petition clarification A petition for appointment of a fiduciary that includes a request for periodic payment of fees on account under Probate Code §2643 or §10832 shall not be deemed a “fee petition” under this rule. (d) Trust administrations This rule does not apply to trust administrations where court-approved accountings are not required. (Rule 7.65(d) new effective 1/1/13) (e) Fee petition by counsel A fee petition by counsel for a proposed conservatee or ward requesting less than $5,000 may be submitted for decision during ex parte hours, apart from an accounting, with fifteen (15) calendar days’ notice to all persons who would be entitled to notice of the hearing if such petition were set on the regular calendar. For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.65(e) new effective 1/1/16) (Rule 7.65 revised effective 1/1/16)
Chapter 2. Probate Court Proceedings Rule 7.50. Probate Calendar (a) Appropriate placement on Probate calendar Probate calendars are arranged to facilitate efficient and effective resolution of matters before the Court. For information about probate calendars go to the Probate Guidelines section at www.cc-courts.org. (Rule 7.50(a) revised effective 1/1/16) (b) Calendar Procedures Parties may reque
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: Rule 7.55 requires responses to tentative rulings filed no later than the close of business two (2) court days before the hearing; the court's About Probate Calendar Notes page (carded) says all pleadings must be filed by five days prior to the hearing date - 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.