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Rules 4-401 to 4-403: fees in trusts under the court's continuing jurisdiction - none paid until an order fixes them (except advance payments), fee requests named in the caption and the notice of hearing, trustee compensation presumed reasonable up to 1% (one percent) per year of the asset value for a professional trustee or three-fourths of one percent for a non-professional, the attorney's fees presumed reasonable at one-third of a professional trustee's normal fee or one-half of a non-professional trustee's, or $1,000.00, whichever is greater, prorated for other periods, and a separate detailed declaration for greater compensation (California Rules of Court 7.776; CRC 7.702(1)-(6)) (4-401); and the trustee's report, a special needs trustee's included - the trust's purposes, the beneficiaries, the distributions, the investment objectives and results, the rate of return, and whether the corpus will last the beneficiary's lifetime (4-402).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART FOUR – TRUSTS 4-401. FEES (Eff. 01/01/20) A. This rule applies to all trusts subject to the continuing jurisdiction of the court, to any petition for approval of trustee compensation, and to any objection to petitions for trustee compensation. If the court has jurisdiction of the trust, no trustee or attorney fees shall be paid until there has been an order of court fixing the same or unless the fees qualify as “Advance Payments” as outlined in these Rules. B. If the petition for trustee’s or attorney’s fees is part of a petition seeking other relief, the title of the petition in the caption shall include a reference to the request for fees, and shall also be referenced in the notice of hearing. C. Trustee’s Fees: In the absence of a formula in the trust for fees, trustee compensation shall generally be presumed reasonable if it does not exceed 1% (one percent) per year of the asset value of the estate on the date of the close of the account for a professional trustee or three-fourths of one percent per year for a non-professional. However, nothing in this rule limits the Court’s discretion to find as unreasonable a fee totaling less than or more than the percentages listed above. If the account period contains more or fewer than twelve months, the normal fee will be proportionately increased or decreased. A trustee who seeks greater compensation than the presumed reasonable fee set out in the paragraph immediately above, must detail in a separate declaration fact that would justify the request pursuant to section 4-401F below. D. A professional trustee shall include a licensed Private Professional Fiduciary, bank, entity authorized to transact business as a trust company or any public officer or agency of the State of California, or any county within California. E. Attorney’s fees: In the absence of a formula in the trust for fees of the attorney, compensation shall be presumed reasonable if one-third of the professional trustee’s normal fee, as computed in Section C, for a twelve-month period, or $1,000.00, whichever is greater. If there is a non-professional trustee, the attorney fee is presumed reasonable if equal to one-half of the trustee’s normal fee, as computed in Section C, for a twelve-month period, or $1,000.00, whichever is greater. If the account period contains more or fewer than twelve months, the normal fee will be proportionately increased or decreased. An attorney who seeks greater compensation than the presumed reasonable fee set out in the paragraph immediately above, must detail in a separate declaration fact that would justify the request pursuant to section 4-401F below. F. An attorney or trustee who seeks greater compensation than the presumed reasonable fees listed in Section C and or E above shall provide a detailed declaration, separate from the petition outlining the requested fees. The petition shall provide the information required in California Rules of Court 7.776 and provide information similar to CRC 7.702(1)-(6), including if more than one category of services was rendered, the services must be separately stated and the date and description of services rendered and the hourly rate of each person who performed the services and the hours spent by each of them. (Eff. 01/01/20; Rev 07/01/2021) 4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE (Eff. 01/01/09) A report shall contain: A. A concise reference to the purpose(s) of the trust and how the purpose has been satisfied by the trustee during the period of the account. B. The names and addresses of the beneficiaries (both present and future interests). C. A brief summary of any distribution(s) made to or for the benefit of the beneficiaries, and, in the case of a special needs trust, a brief summary establishing that the distributions do not disqualify the beneficiary from public benefits. D. The investment objectives and results with reference to the purpose(s) of the trust, when appropriate. This paragraph is always appropriate and required for a special needs trust. E. A statement of the percentage rate of return on all property invested. The purpose of the report is to provide a brief summary of the account measured in terms of the specific trust objectives and requirements. It should not merely recite what has been done, but should relate the activities reflected in the account to the purposes and persons for which the trust was created, when appropriate. This paragraph is always appropriate and required for a special needs trust. F. In the case of a trust expected to last over a beneficiary’s lifetime, a statement with sufficient detail establishing that at the current rate of return and the current rate of distribution the trust corpus will be preserved for the anticipated lifetime of the beneficiary. For a special needs trust, a statement of the expected life expectancy of the beneficiary is also required. Or if the funds will not be preserved for the anticipated lifetime of the beneficiary, an estimate of how long the funds will last, and information on what, if anything, is being done to extend the life of the trust estate. (Eff. 01/01/09, Rev. 07/01/2021; Rev. 07/01/22) 4-403. "RESERVED FOR FUTURE USE" [Repealed 01/01/13]
PART FOUR – TRUSTS 4-401. FEES (Eff. 01/01/20) A. This rule applies to all trusts subject to the continuing jurisdiction of the court, to any petition for approval of trustee compensation, and to any objection to petitions for trustee compensation. If the court has jurisdiction of the trust, no trustee or attorney fees shall be paid until there has been an order of court fixing the same or unless
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card.
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.