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Chapter 13 (Rules 4.83 to 4.88): statutory compensation in decedent's estates (Rule 4.83); compensation for extraordinary services in decedents' estates (Rule 4.84); compensation for conservators and their attorneys (Rule 4.85); the time for allowing compensation (Rule 4.86); court investigation assessments, including a fee of $500.00 for conservatorship investigations performed by the Aging and Adult Services (Rule 4.88); and Appendix A to Chapter 13, the rules for determining commissions on the sale of real property (the chart of brokers' commissions; Probate Code Section 10162-10165). Rule 4.87 is repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 13. COMMISSIONS AND FEES Rule 4.83 Statutory Compensation in Decedent's Estates A. Calculation must be shown: All petitions requesting payment of statutory compensation - - even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested. B. Basis for computing statutory commission and fees on Waiver of Accounting: As an alternative to basing statutory commissions and fees on the inventory values alone, where the petition for final distribution so requests, the Court will allow such commissions and fees to be based on the inventory values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly and succinctly in the verified petition. (Adopted, effective July 1, 1996) Rule 4.84 Compensation for Extraordinary Services in Decedents' Estates A. The following factors will guide the attorney and the court in determining whether and in what amount extraordinary attorneys' fees will be awarded: (1) The nature of and unusual time required for the tasks performed. (2) Results obtained. (3) Benefits accruing to the estate and to beneficiaries. (4) Nature of services performed by personal representatives. B. Requests for extraordinary attorneys' fees must contain detailed and itemized descriptions of the work performed, the hours spent on the work performed, the average hourly rate requested, the total amount requested, special circumstances related to the request and specifics as to what benefit was conferred upon the estate as a result of the extraordinary services rendered. C. Extraordinary fees may be awarded for extraordinary services, including but not limited to the following: (1) Sales, leases, exchanges, financing or foreclosure of real or personal property. (2) Contested or litigated claims against the estate. (3) Preparation of income, sales, withholding, gift or estate tax returns and handling of audits or litigation connected with tax liabilities. (4) Litigation connected with estate assets. (5) Carrying on the decedents' business. (6) Will contest. (Adopted, effective July 1, 1996) Rule 4.85 Compensation for Conservators and Their Attorneys A Conservator or Attorney assigned on a case to perform any services associated with the administration of the estate shall be compensated for services rendered as set forth below and subject to the following criteria: A. Fees for Conservators and Attorneys. Conservators and their attorney’s fees may be requested at the time of the accounting, and shall be calculated according to the work actually performed. Fee requests must be supported by a declaration of services performed, time expended, average hourly rate, results accomplished and benefit to the entity. California Rules of Court, Rules 7.751, 7.752, 7.753, and 7.754. B. Fees for Public Guardian and County Counsel. (1) Public Guardian Fees: Fees per accounting period for Public Guardian shall be based on the following: (a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is greater. Fees may be increased or decreased at the discretion of the court. (b) For cases requiring extraordinary services, the Public Guardian Conservator may submit itemized billings with the accounts, in declaration form, for fees in excess of the percentile amounts. (2) County Counsel Fees: Fees per accounting period for County Counsel shall be based on the following: (a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is greater. Fees may be increased or decreased at the discretion of the court. (b) For cases requiring extraordinary legal services, County Counsel may submit itemized billings with the accounts, in declaration form, for fees in excess of the percentile amounts. C. The fees set out in paragraphs 1 and 2 (a) and (b) above are guidelines only and may be increased or decreased at the discretion of the Court. D. Additional Fees: (1) Public Guardian Case Initiation Fee of $250.00 payable upon permanent assignment of case to a Public Guardian. (2) A $1,000.00 fee, per property sold, is assessed by the Public Guardian for facilitating in the sale of real property. (3) A fee equal to $75.00 per hour or 25% of the value of the financial instrument involved, whichever is less, will be assessed for each financial instrument sold or registered. (4) A fee of $75.00 per hour will be assessed for assisting in the initial placement of a Dementia Conservatee client. (Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended effective July 1, 2004; Amended effective July 1, 2008) Rule 4.86 Time for Allowing Compensation (Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Renumbered, effective July 1, 2004, see new Rule 4.81.21) Rule 4.87 Procedure (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004) Rule 4.88 Court Investigation Assessments. A. Unless deferred or waived by the Court, all guardianships and conservatorships shall be assessed a fee pursuant to Probate Code §§1513.1 and 1851.5 as stated in the Court’s Fee Schedule that is available in the Court Clerk’s Office public counter or on the Court’s website at www.sanmateo.courts.ca.gov. B. Conservatorships and guardianships will be assessed a fee of $500.00 for all conservatorship investigations performed by the Aging and Adult Services (AAS), whether or not the case is ultimately assigned to the Public Guardian, unless the fee is deferred or waived by the Court. (Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended effective July 1, 2004; Amended, effective July 1, 2024) APPENDIX A TO CHAPTER 13 Rules for Determining Commissions on Sale of Real Property CHART OF BROKERS' COMMISSIONS (Real Property Sales - Probate Code Section 10162-10165) ABBREVIATIONS B#1 = the broker with an exclusive listing agreement with personal representative B#2 = the broker who represents the original bidder whose bid is returned to Court B#3 = the broker who represents the successful over bidder in Court OB = the original bidder whose bid is returned to Court SOB = the successful over bidder in Court (no editorial comment intended by the abbreviation) NO EXCLUSIVE LISTING AGREEMENT (i.e., there is no B#1) A. OB is represented by B#2 OB gets the property therefore, Entire commission goes to B#2, based on the confirmed amount (Section 10162.3) B. OB has no broker SOB is represented by B#3 SOB gets the property therefore, B#3 gets the entire commission, based on the confirmed amount (but subject to the Section 10162 limitation that the commission cannot exceed 50% of the difference between the original bid and the successful bid) [Section 10163] C. OB is represented by B#2 SOB has no broker SOB gets the property therefore, B#2 gets the entire commission, based on the original bid, [Section 10164(a) & (b)] THERE IS AN EXCLUSIVE LISTING AGREEMENT (WITH B#1) D. OB is represented by B#2 SOB has no broker SOB gets the property therefore, B#1 and B#2 split the entire commission based on the original bid as follows: a. Pursuant to agreement, if there is one; or b. 50-50, if there is no agreement. Section 10164(c) E. OB is represented by B#1 (i.e., B#1 is B#2) SOB is represented by B#3 SOB gets the property therefore, B#3 gets: 50% of commission based on original bid, plus 100% of commission on difference between original and successful bids B#1 gets: 50% of commission based on original bid Section 10165(c)(1) F. OB is represented by B#2 (B#1 is not B#2) SOB is represented by B#3 SOB gets the property therefore, B#3 gets: 50% of commission based on original bid, plus 100% of commission on difference between original and successful bids B#1 and B#2 split 50% of commission based on original bid as follows: a. Pursuant to agreement, if there is one; or b. 50-50, if there is no agreement (Section 10165)
CHAPTER 13. COMMISSIONS AND FEES Rule 4.83 Statutory Compensation in Decedent's Estates A. Calculation must be shown: All petitions requesting payment of statutory compensation - - even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested. B. Basis for computing statutory commission and fees on Waiver of Accounting: As an alternative to basing statuto
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index 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.