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Chapter 6 (Rules 7.250 to 7.257): sales of real property not under IAEA (Rule 7.250); return of private sale (Rule 7.251); broker's commissions, including in an overbid situation (Rules 7.252 and 7.253); condominiums, community or cooperative apartments (Rule 7.255); purchase of estate property by the personal representative or his or her attorney (Rule 7.256); and tangible personal property (Rule 7.257).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 6. Sales Rule 7.250. Sales of Real Property not under IAEA (Rule 7.250 revised effective 1/1/15) Rule 7.251. Return of Private Sale (a) Cash deposit required for purchases to be confirmed by court Bids for the purchase of real property, when required to be returned to the Court for confirmation, must be accompanied by a minimum deposit of ten percent (10%) of the purchase price at the time of hearing unless the buyers’ committed loan proceeds exceed ninety percent (90%) of the purchase price, in which event the minimum deposit shall be the difference between the committed loan proceeds and the purchase price. (b) REPEALED IN PART (See California Rules of Court, Rule 7.451) (Rule 7.251(b) revised effective 1/1/03) (c) Court approval of secured junior deed of trust The Court will approve the taking of a promissory note secured by a junior deed of trust upon a showing that it serves the best interests of the estate. (d) Application of statutory formula re: overbid The Court must consider not only whether the bid is arithmetically the highest, but also whether it is in the best interest of the estate. Counsel for the parties involved shall be prepared with factual information that will aid the Court in making this determination. (e) REPEALED IN PART (See California Rules of Court, Rule 7.452) (Rule 7.251(e) revised effective 1/1/03) (Rule 7.251 revised effective 1/1/15) Rule 7.252. Broker’s Commissions (a) Improved property Upon the confirmation of sale of improved real property, the Court will ordinarily allow a broker’s commission not to exceed six percent (6%). If a greater amount is requested, the petition to confirm sale must be accompanied by written declarations setting forth the advantages to the estate in allowing a larger percentage as commission. (b) Unimproved property Upon the confirmation of sale of unimproved real property, the Court will ordinarily allow a broker’s commission not to exceed ten percent (10%). The Court will determine the kind of property which constitutes unimproved property in each case and may request counsel to file declarations setting forth relevant facts in the determination of what is “unimproved” real property. (c) Order must show commission allocation The order confirming sale must show the total commissions allowed and any allocation agreed upon between the brokers. (Rule 7.252 revised effective 1/1/15) Rule 7.253. Broker’s Commissions in Overbid Situation See Probate Code Section 10160 et seq. A chart demonstrating the division of the broker commission when estate property is sold subject to Court confirmation is available in the Probate Guidelines section at www.cc-courts.org. (Rule 7.253 revised effective 1/1/16) Rule 7.254. Exclusive Listings for Sale of Property (Probate Code Section 10150(c) [Repealed 1/1/03] (see California Rules of Court, Rule 7.453) Rule 7.255. Condominiums, Community or Cooperative Apartments A condominium is an interest in real property and must be sold as such, unless it is held as a limited partnership. A cooperative apartment is also real property and must be sold as such. (Rule 7.255 revised effective 1/1/15) Rule 7.256. Purchase of Estate Property by Personal Representative or His or Her Attorney The purchase of estate property by the personal representative or by the personal representative’s attorney is permitted only as set forth in Probate Code Sections 9881-9885. The Court will approve such a purchase with the consent of all residual beneficiaries by a writing filed with the Court. (Rule 7.256 revised effective 1/1/15) Rule 7.257. Tangible Personal Property (a) Perishable or depreciating property Perishable or depreciating property in an estate shall be disposed of promptly. The personal representative may be held accountable for the value of the property if there has been an unreasonable delay in disposing of such property. Such property may be sold without notice. See Probate Code Sections 10252 and 10259(a)(1). If counsel wishes Court confirmation of such sales (10259c), counsel shall use the form Ex Parte Petition for Approval of Sale of Personal Property and Order (Judicial Council Form DE-275). (b) Non-perishable or non-depreciating property With the exceptions set forth in Probate Code Sections 10252(a), (b) and (d), non-perishable or non-depreciating personal property may be sold subject to Court confirmation at either public auction or at private sale, after giving notice as set forth in Probate Code Section 10250, et seq. The time for giving notice may be shortened in the discretion of the Court. (Rule 7.257 revised effective 1/1/15)
Chapter 6. Sales Rule 7.250. Sales of Real Property not under IAEA (Rule 7.250 revised effective 1/1/15) Rule 7.251. Return of Private Sale (a) Cash deposit required for purchases to be confirmed by court Bids for the purchase of real property, when required to be returned to the Court for confirmation, must be accompanied by a minimum deposit of ten percent (10%) of the purchase price at the time
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.