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Chapter 4 (Rules 7.150 to 7.156): notice re special letters (Rule 7.150); petitions for probate of will and for letters (Rule 7.151); notice (Rule 7.152); requirements of publication for notice of petition to administer estate (Rule 7.153); court discretion regarding bond (Rule 7.154); continuance to permit filing of a contest (Rule 7.155); and multiple representatives (Rule 7.156).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 4. Appointment of Executors and Administrators Rule 7.150. Notice re: Special Letters Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice. In making the appointment, preference is given to the person entitled to Letters Testamentary or of Administration, but if it appears that a bona fide contest exists between these persons, the Court will consider the advisability of appointing a neutral person or corporation as Special Administrator, upon the filing of a proper petition. (Rule 7.150 revised effective 1/1/15) Rule 7.151. Petitions for Probate of Will and for Letters Testamentary; for Letters of Administration; or for Letters of Administration with Will Annexed (a) Photographic copy of holographic instrument When a holographic instrument is offered for probate, a photocopy of the instrument must be accompanied by an exact typewritten copy of the instrument, reproducing the instrument line by line and showing any words crossed out. Where an instrument written in a foreign language is offered, it must be accompanied by a copy translated into English by a Court certified translator. (b) Name of predeceased beneficiary If a named beneficiary predeceased the decedent or did not survive the designated survival period, that fact must be stated in Attachment 8 of the Petition. (c) Requirement of personal representative form Confidential Statement of Birth Date and Driver’s License Number (Judicial Council Form DE-147S) is not required. (d) Name of spouse or deceased person on petition If Attachment 8 includes a spouse or any other person who is deceased as of the date of the petition, the petition shall state that person’s date of death. The Court needs to know whether the person predeceased or survived the decedent. (Rule 7.151(a)-(d) revised effective 1/1/15) (e) Proof of Service of Notice of Petition to Administer Estate A copy of the petition must be served with the initial Notice of Petition to Administer Estate. A copy of the petition should not be published with the Notice. (Rule 7.151(e) new effective 1/1/15) (Rule 7.151 revised effective 1/1/15) Rule 7.152. Notice (a) The following persons are entitled to NOTICE (see Probate Code § 8110): (1) Heirs of the Decedent: Whether or not a decedent died with a will, the petition must contain the names and relationships of all of the decedent’s heirs-at-law. An heir-at-law is any person who would be entitled to distribution of a part of the decedent’s estate (including distribution by virtue of Probate Code Section 6402.5 if the decedent had a predeceased spouse) if the decedent died intestate (without leaving a will); (2) Beneficiaries Named in the Will: This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will; (3) Deceased Heir or Beneficiary (See California Rules of Court, Rule 7.51(e)); if heir or beneficiary died before decedent, see also Probate Code § 21110. [REPEALED 1/1/03] (See California Rules of Court, Rule 7.51(e)); (4) Trustee Nominee. Any nominated trustee of a trust created by the will; (5) Beneficiaries of Testamentary Trusts. The terms “beneficiaries named in the Will” and “named contingent beneficiaries” used above include beneficiaries named in testamentary trusts. It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts; (6) Trustees of Inter-Vivos Trusts who will receive “pour over” gifts from the decedent’s estate. Item 8 on the Petition For Probate (Judicial Council Form DE-111) requires the petitioner to list “all beneficiaries of a trust named in the decedent’s will or any codicil in which the trustee and personal representative are the same person.” Since use of applicable Judicial Council forms is mandatory and the purpose of Item 8 is to identify persons entitled to receive notice of the petition, the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative; (7) Any non-petitioning Executor, including alternate executors named in the Will; and (8) The California Attorney General, where there is a charitable trust involved (Probate Code Section 8111). (b) Method of giving various notices (1) Unknown Address. If the address of an heir or beneficiary is unknown, the Court requires a declaration stating specifically what efforts were made to locate such heir or beneficiary before the Court will dispense with notice or prescribe an alternate form of notice. See Probate Code Section 1212 and Code of Civil Procedure Section 413.30 as to what efforts are necessary. In general, these efforts shall include inquiry of relatives, friends, acquaintances, and employers and investigation of appropriate city and telephone directories, and the real and personal property index at the County Assessor’s Office of the county of last known residence of the missing heir or beneficiary. REPEALED IN PART (see California Rules of Court, Rule 7.51(d)). (2) Minors. See Probate Code Section 1460.1 and California Rules of Court, Rule 7.51(d). (c) Notice by mail - by whom given If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty. (Rule 7.152 revised effective 1/1/16) Rule 7.153. Requirements of Publication for Notice of Petition to Administer Estate (a) Publication and mailing of notice of petition to administer estate The publication and mailing of Notice of Petition to Administer Estate under Probate Code Section 8120 is sufficient to include all instruments which are offered for probate filed with, and specifically referred to in the Petition for which notice is given. Any other Wills or supplement to a Will not specifically mentioned in the Petition must be presented to the Court in an amended or second Petition and a new Notice of Petition to Administer Estate must be published and mailed. (Probate Code Sections 8110 and 8120). (b) Petitioner’s responsibility to publish petition to administer estate It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility. (Rule 7.153 revised effective 1/1/16) Rule 7.154. Court Discretion Regarding Bond Executors nominated to serve without bond may nevertheless be required to post such bond as the Court may require. If the nominated executor is a nonresident of California, the Court will require bond as though the will had not waived bond. If all beneficiaries or heirs waive bond, or if one of multiple personal representatives is a California resident, the Court will consider reducing the bonding requirement for non-resident personal representatives to no less than $20,000 to provide protection for creditors. A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be necessary to help the court determine the proper amount. FORMER SUBDIVISION B REPEALED IN PART (See California Rules of Court, Rule 7.204) (Rule 7.154 revised effective 1/1/15) Rule 7.155. Continuance to Permit Filing of Contest When a petition for the probate of a Will is called for hearing, if an interested person appears and orally objects and declares that he or she desires to file a written contest, the Court will continue the hearing with the understanding that if a contest is not actually on file at the new hearing date, the hearing will nevertheless proceed as though there were no contest. (Rule 7.155 revised effective 1/1/15) Rule 7.156. Multiple Representatives When multiple personal representatives are appointed, the clerk will not issue letters to less than all of them or separately to any of them, unless the order specifies otherwise. (Rule 7.156 revised effective 1/1/15)
Chapter 4. Appointment of Executors and Administrators Rule 7.150. Notice re: Special Letters Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equit
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.