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Chapter 15 (Rules 4.90 to 4.100): trustee's accounts (Rule 4.90); notice to beneficiaries (Rule 4.91); the compensation of trustees and attorneys for trustees (Rule 4.92); trusts established before distribution of a probate estate and trusts created pursuant to court order (Rules 4.93 and 4.94); fees for the Public Guardian and County Counsel (Rule 4.95); and independent counsel (Rule 4.100).
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 15 TRUSTS Rule 4.90 Trustee’s Accounts A. General. Accounts for intervivos trusts must be filed as a new proceeding even if the trust receives distribution from a decedent’s estate following probate of a pour-over will. B. Contents and Format. Refer to Local Rule 4.48 above. (Adopted, effective July 1, 2004) Rule 4.91. Notice to Beneficiaries Notices shall be provided as set forth in Probate Code sections 15802 and 15804 and California Rules of Court, Rules 7.50 through 7.55 and 7.902). (Adopted, effective July 1, 2004) Rule 4.92 Compensation of Trustees and Attorneys for Trustees A. Criteria. In determining or approving compensation of a trustee and the attorney for the trustee, the court may consider the following additional factors in addition to the factors specified in California Rules of Court, , Rule 7.756: 1. Whether the trustee has delegated work to others (such as investment advisors, property managers, attorneys, etc.) 2. If the trustee is a corporate trustee, the published rates for its usual services; and if the trustee is a private professional fiduciary, the usual hourly rates charged by such fiduciary. 3. Whether the trust assets being administered are passive or require active management. 4. Whether the duties of the trustee in administering the trust are similar to those of a personal representative of a probate estate. B. The time for allowing compensation is governed by Probate Code Sections 15680-15688. Petitions for periodic payment must comply with Probate Code section 2643 and California Rules of Court, Rule 7.756. (Adopted, effective July 1, 2004) Rule 4.93 Trusts Established Before Distribution of Probate Estate. A. If a trustee named in a decedent’s will is designated as beneficiary of a life insurance policy, or of employment or other benefits, the trustee may be appointed before the decree of distribution is made, upon the filing of a petition. If no trustee named in the will is able or willing to serve, a trustee not named in the will may be appointed. Notice shall be given to the beneficiaries and the personal representative, if not the petitioner, at least 30 days prior to the hearing. B. The order appointing the trustee must contain all the terms of the trust and the trustee must have all the powers and duties in respect to the trust estate set forth in the order. All other terms of the trust not required can be incorporated by attaching a copy of the trust to the order. Reference California Rules of Court, Rule 7.650. (Adopted, effective July 1, 2004) Rule 4.94. Trusts Created Pursuant to Court Order. A. Any trust that is created by court order (including trusts created under the “substituted judgment” provisions of Probate Code section 2580 et. seq. and trusts created under the provisions of Probate Code section 3100 et. seq. relating to particular transactions for disabled spouses, and Section 3600 et seq. relating to the compromise of claims of minors and incompetent adults), shall, unless otherwise ordered by the court upon good cause shown, contain provisions providing for protection of the trust assets against misuse and for continuing supervision by the Court. B. A special needs trust created by order of the court for the benefit of an incompetent person will ordinarily be required to contain the following provisions: 1. Provisions for appointment of a successor trustee on approval of the court. 2. Requirement that all trustees except corporate trustees post a bond in the amount required by Probate Code Section 2320. 3. Requirement of an accounting to the beneficiary, and to the Probate Court if required by the Court, consistent with Probate Code Sections 1060 et. seq. 4. A payback provision, if applicable, must be inserted as required by 42 USC 1396(d)(4)(a) for repaying of benefits paid by Medi-Cal or any other Medicaid agency. 5. Notice requirements on termination of the trust or death of beneficiary, and for any additions to the trust. 6. Dispositive provisions for distribution to residual beneficiaries after any payback required by 42 USC 1396 (d) (4)(2) has been made. A court order creating a special needs trust under Section 3602 or 3611 shall include a provision that all statutory liens in favor of the State Department of Health Services, the State Department of Mental Health, the State Department of Developmental Services and any county or city and county in this state shall first be satisfied prior to transferring funds to the special needs trust. C. A trust created for a conservatee under Probate Code Section 2580 will ordinarily be required to include the following provisions: 1. Provisions for appointment of a successor trustee on approval of the court. 2. Requirement that all trustees except corporate trustees post a bond in the amount required by Probate Code Section 2320. 3. Requirement that the trustee shall file reports and accounts to be reviewed in conjunction with the review of the conservatorship. 4. Prior court approval shall be required for his or her acts, where such approval would be required if the Trustee were administering the estate as a conservator. Refer to Local Rules of Court, Rule 4.82 above. (Adopted, effective July 1, 2004) Rule 4.95 Fees for Public Guardian and County Counsel. A. Public Guardian Fees: Fees per accounting period for Public Guardian shall be based on the following: 1. Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is greater. 2. 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. B. County Counsel Fees: Fees per accounting period for County Counsel shall be based on the following: 1. Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is greater. 2. 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 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 $1000.00 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, 2004) COURT RULES 4.96 TO 4.99 IS RESERVED Rule 4.100 Independent Counsel A. Appointment. Independent Counsel will be appointed by the Court in the matters specified in the Probate Code. In addition, it is the Court’s policy to appoint Independent Counsel in the following matters: 1. Petitions under Probate Code Section 3101 (Proceeding to Authorize Transaction Involving Incompetent Spouse); 2. Petitions under Probate Code Section 2580 et seq. (Substituted Judgment); 3. When the probate investigations department has recommended the appointment of Independent Counsel, or the Court otherwise determines that appointment is necessary or would be helpful for resolution of the matter at issue. B. Scope of the representation shall be as set forth in the order appointing Independent Counsel or as subsequently modified by the Court. C. Payment of Fees. If Independent Counsel is appointed, the fees incurred must be paid as ordered by the Court, even if the matter for which the appointment was made is dismissed, withdrawn or terminated. D. Term of Service. Independent Counsel shall serve until discharged by order of the Court. Independent Counsel may request fees and discharge at the time of filing the Report of Independent Counsel (where representation will not be ongoing), in a separate petition after conclusion of the matter for which representation was required, or (in ongoing matters) from time to time as deemed reasonable by the Court, although in such cases the Court prefers to hear the petition for fees at the time of an accounting. E. Court Policies and Procedures. Additional matters concerning the panel of Independent Counsel, including panel membership, appointment to the panel, and the rotation of appointments, are set forth in a separate set of Court Policies and Procedures developed and maintained by the Court. F. Reports by the Independent Counsel to the Court must be filed with the Court at least ten (10) court days prior to the hearing. (Adopted, effective July 1, 2004; Amended, effective January 1, 2026)
CHAPTER 15 TRUSTS Rule 4.90 Trustee’s Accounts A. General. Accounts for intervivos trusts must be filed as a new proceeding even if the trust receives distribution from a decedent’s estate following probate of a pour-over will. B. Contents and Format. Refer to Local Rule 4.48 above. (Adopted, effective July 1, 2004) Rule 4.91. Notice to Beneficiaries Notices shall be provided as set forth in Proba
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.