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Chapter 7 (Rules 7.300 to 7.317): notice of petition for distribution (Rule 7.300); property to be distributed must be listed (Rule 7.301); the form of accounting (Rule 7.302); waiver of account (Rule 7.303); inheritance by a surviving spouse (Rule 7.305); extraordinary fees (Rule 7.306); the order (Rule 7.307); segregating trust income and principal (Rule 7.308); creditor's claims (Rule 7.309); federal estate taxes (Rule 7.310); specifically devised property (Rule 7.311); distribution to minors (Rule 7.312); preliminary distribution (Rule 7.313); actions for damages following wrongful death (Rule 7.314); additional powers to a testamentary trustee (Rule 7.315); application for final discharge (Rule 7.316); and payment of costs of administration (Rule 7.317).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 7. Accounts, Fees and Petition for Distribution Rule 7.300. Notice of Petition for Distribution At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates. Also see Probate Code Section 1220. Notice shall also be given to: a) the trustee of any intervivos trust to which the estate pours over; b) to trust beneficiaries if required under Probate Code Section 1208; c) to the trustee of any testamentary trust. (Rule 7.300 revised effective 1/1/16) Rule 7.301. Property to be Distributed must be Listed (a) Description of property The petition for distribution must list and describe in detail all property to be distributed, either in the body of the petition or in the prayer, or by a schedule in the accounting, and incorporated in the petition by reference. This includes a statement of the amount of cash on hand. A description by reference to the inventory is not acceptable. See also requirements in Probate Code Section 1064. (b) Tracing survivor of interstate decedent If an intestate decedent who survived his or her spouse leaves no issue, the applicability of Probate Code Section 6402.5 must be alleged and the necessary tracing must be carried out as far as is possible. (Rule 7.301(b) revised effective 1/1/03) (Rule 7.301 revised effective 1/1/15) Rule 7.302. Form of Accounting The general guidelines for accountings are now set forth in Probate Code Section 1060 et seq. (Rule 7.302 revised effective 1/1/15) Rule 7.303. Waiver of Account (a) Waiver by residuary beneficiaries The waiver of account by the residuary beneficiaries alone is sufficient, even though there may be specific legatees and devisees, if the petition for distribution enumerates the specific bequests and devises, shows that there are sufficient assets to satisfy such bequests and devises, and prays that they be distributed. REPEALED IN PART (See California Rules of Court, Rule 7.550 for information required in reports on waiver of account) (Rule 7.303(a) revised effective 1/1/15) (b) Distribution from testamentary trust When property is being distributed in a testamentary trust, an account may be waived by the trustee and all present beneficiaries of the trust. The beneficiaries must all be ascertained, adult and competent, or represented by a guardian, conservator or guardian ad litem, who must execute the waiver. (Rule 7.303(b) revised effective 1/1/15) (Rule 7.303 revised effective 1/1/15) Rule 7.304. Statutory Fees and Allowable Costs [Repealed 1/1/03] (see California Rules of Court, Rule 7.705) Rule 7.305. Inheritance by Surviving Spouse Formal probate of community, quasi-community, or separate property passing or confirmed to a surviving spouse in a decedent’s estate pursuant to Probate Code Section 13502 must be supported by a timely written election expressing acknowledgment of a consideration of the alternative procedures available pursuant to Probate Code Section 13650. Written elections pursuant to Probate Code Section 13502 shall contain an express acknowledgment that the inclusion of property passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees, commissions, and attorney fees. (Rule 7.305 revised effective 1/1/15) Rule 7.306. Extraordinary Fees Petitions for compensation for extraordinary services under Probate Code § 10811 shall be supported by a declaration, complying with Contra Costa Probate Court Guidelines from each individual requesting approval of extraordinary fees. For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines section at www.cc-courts.org. The petition should recite only the amounts claimed and the relevant period of time, referring to the accompanying declaration(s), which should contain the explanation and justification. See also California Rules of Court, Rules 7.702 and 7.703 for declaration content. (Rule 7.306 revised effective 1/1/16) Rule 7.307. The Order (a) Distribution and listing of cash and non-cash assets The distribution of property must be separately stated in detail, listing non-cash assets to be distributed as described in the Inventory and Appraisal, as well as the amount of cash to be distributed, under the name of each beneficiary. The order must be complete in itself and the total estate distributed must agree with property on hand as shown on Schedule F of the Summary of Account. Description by reference to the inventory is not acceptable. (b) Distribution of real property included in order For real property to be distributed, the order must include the legal description, the street address, if any, and the assessor’s parcel number. (c) Testamentary trusts For orders establishing testamentary trusts, see California Rules of Court, Rule 7.650. (7.307(c) revised effective 1/1/08) (Rule 7.307 revised effective 1/1/15) Rule 7.308. Segregating Trust Income and Principal When any part of the estate is to be distributed to a trustee, and the accumulated income is to be paid by the trustee to the trust beneficiaries, the order shall allocate receipts and disbursements between principal and income. (Rule 7.308 revised effective 1/1/15) Rule 7.309. Creditor’s Claims (a) Petition for final distribution The Petition for Final Distribution must show that all of decedent’s creditors received a Notice of Administration to Creditors (Judicial Council Form DE-157) at least seventy-five (75) calendar days before the hearing, or were paid or that there were no known creditors of decedent. (Probate Code Section 10900) (Rule 7.309(a) revised effective 1/1/16) (b) Payment of funeral or debt expenses after general powers issued Unless accountings are waived, if any funeral expense or debt of the decedent was paid more than four months after letters with general powers issued, the petition shall show why the claim was not barred or the personal representative may be surcharged with interest for the payment. (Rule 7.309(b) revised effective 1/1/01) (c) Payment of funeral and debt expenses from estate Unless accounts are waived, if a decedent’s debt or funeral expense was paid from the estate without the filing of a creditor claim, the petition shall address the five elements (including timeliness of payment) of Probate Code Section 11005. (Rule 7.309(c) revised effective 1/1/01) (Rule 7.309 revised effective 1/1/16) Rule 7.310. Federal Estate Taxes (a) Proration of federal estate taxes When proration of federal estate taxes is required by Probate Code Section 20110 et seq., the petition for distribution shall include a schedule showing the computation of the proration. (b) Final distribution of estate after estate taxes filed and paid An estate is not ready for final distribution until the estate tax returns have been filed, and the tax paid, unless no estate tax return is required to be filed. If an estate tax return is required, the order for final distribution shall include a provision that there will be no final discharge until final resolution of the estate tax liability (e.g. receipt of closing letter). (Rule 7.310(b) revised effective 1/1/08) (Rule 7.310 revised effective 1/1/15) Rule 7.311. Specifically Devised Property As to expenses allocable to specifically devised property (e.g., taxes, maintenance, repairs, insurance, debt servicing) see Estate of McSweeney (1954) 123 Cal.App.2d 787). For apportionment of income and expenses, see Probate Code Sections 12002, 9650, and 1063. (Rule 7.311 revised effective 1/1/15) Rule 7.312. Distribution to Minors Where the Court has discretion, funds for minors or incompetent persons without a guardian or conservator of the estate will be required to be placed in a blocked, federally insured account. The Court does not favor transfer under the California Uniform Transfers to Minors Act unless the Will so provides. (Rule 7.312 revised effective 1/1/15) Rule 7.313. Preliminary Distribution (a) Waiver of bond requirement In the event of a preliminary distribution made before the time for filing creditor’s claims has expired, a bond MUST be required of the distributees (Probate Code Section 11622). After the time for filing claims has expired, the Court will usually require a distributee’s bond unless the Inventory and Appraisal has been filed and the Petition sets forth sufficient facts showing that the distribution may be made without loss to creditors or injury to the estate or any interested person. (b) Petition to not require bond If the petition requests that no bond be required of the distributees, a clear and concise statement showing why bond should not be required must be included in the petition. (Rule 7.313 revised effective 1/1/15) Rule 7.314. Procedure to be Followed by a Personal Representative in Actions for Damages Following Wrongful Death of Decedent or Other Actions that Survive the Death of Decedent (a) Issue special letters Special letters may be the proper vehicle for such actions. In appropriate circumstances, the Court may appoint a Special Administrator for a limited purpose with a termination date specified in the order and may require an appearance at a scheduled hearing date for a status report and to continue the appointment of the Special Administrator beyond that date. (b) Property of the estate If a personal representative collects damages arising out of the physical injury of the decedent or covering funeral expenses and costs of last illness, he or she shall hold such money in his or her representative capacity as property of the estate. (c) Damages for wrongful death Damages for wrongful death are held by the personal representative as a representative of the statutory beneficiaries and are not part of the estate. (Estate of Waits (1944) 23 Cal.2d 676). The disposition of such damages for wrongful death and the amount of attorney’s fees and costs shall be determined by the Court on a petition pursuant to Probate Code Section 9835. (d) Notice requirements In addition to the usual notices given on hearing of such a petition, under Probate Code Section 9835, notice shall be served on the heirs at law in the same manner as if each had filed a request for special notice. (See also Code of Civil Procedure Sections 377.10 et seq.). (Rule 7.314 revised effective 1/1/15) Rule 7.315. Grant of Additional Powers to Testamentary Trustee Notice must be given under Probate Code Section 17203 where the Petition for Distribution requests the Court to grant a trustee additional powers not conferred by the Will. The Court may require that a guardian ad litem be appointed for persons unascertained or not in being. (Probate Code Section 15405) (Rule 7.315 revised effective 1/1/15) Rule 7.316. Application for Final Discharge All Ex Parte Petitions for Final Discharge and Order (Judicial Council Form DE-295) shall be submitted with a copy of the order of final distribution, and copies of any receipts from distributees. If the order requires distribution of funds to a blocked account, the request for final discharge shall be accompanied by a completed Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account (Judicial Council Form MC-356). If the order distributes real property, the copy of the order submitted with the request for final discharge shall show that the order has been recorded in the appropriate county. If the order provided for a withhold greater than $2,000.00, there shall be included a schedule of disbursements for the withhold. (Rule 7.316 revised effective 1/1/18) Rule 7.317. Payment of Costs of Administration A petition for final distribution or to terminate the proceeding must expressly state that all charges for legal advertising, bond premiums, probate referee’s services and costs of administration have been paid. (Rule 7.317 revised effective 1/1/15)
Chapter 7. Accounts, Fees and Petition for Distribution Rule 7.300. Notice of Petition for Distribution At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates. Also see Probate Code Section 1220. Notice shall also be give
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.