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Chapter 3 (Rules 4.13 to 4.16): allegations in support of a showing of community property (Rule 4.14); a spousal property petition filed with a petition for probate (Rule 4.14.1); fees (Rule 4.15); and the election of the surviving spouse to administer property (Rule 4.16). Rule 4.13 is repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 3. SPOUSAL PROPERTY PETITION Rule 4.13 Statement of Title (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004) Rule 4.14 Allegations in Support of Showing of Community Property A. If record title to property, either real or personal, is not in community property form, and the petitioner seeks confirmation of the property as community property, the petitioner must allege the facts necessary to give rise to the legal conclusion that the property in question is community property including, but not limited to: 1. Date and place of marriage. 2. The decedent’s net worth at time of marriage. 3. Whether or not the decedent received any significant gifts or inheritance after marriage; and 4. That the property to be set aside is not traceable to such initial net worth or later gift or inheritance. 5. Date of transmutation, if needed. All relevant deeds must be provided and decedent’s will, if any, must be lodged and attached to the Petition. B. If the decedent and surviving spouse were married outside California or lived outside California during the marriage, the same allegations required above must be made respecting the decedent’s net worth at the time of entry or each re-entry into California. C. For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected. D. If the community or quasi-community property claim is based on any document, a copy of the document showing signatures must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached. If it is believed that disclosure of the document would be detrimental, the document or the relevant portions may be paraphrased in the petition accompanied by a statement that a copy of the document itself will be made available to the Court. Reference: Family Code §§ 850-853; Probate Code §§ 100-101 and §§13500-13660; and California Rules of Court, Rule 7.301. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2024) Rule 4.14.1 Spousal Property Petition Filed with Petition for Probate Refer to the California Rules of Court, Rule 7.301 for requirements. Reference: Family Code §§850-853; Probate Code §§100-101 and §§13500-13660 (Adopted, effective July 1, 2004) Rule 4.15 Fees Pursuant to Probate Code Section 13600, fees for services connected with filing a spousal property petition are not subject to court approval, except as provided in that section. Reference: Family Code §850-§853; Probate Code §100-§101 and §13500-§13660; and California Rules of Court, Rule 7.301. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.16 Election of Surviving Spouse to Administer Property If the personal representative elects to administer the community, quasi-community, or separate property passing to or belonging to a surviving spouse pursuant to Probate Code, §13502, the election must also be supported by a written statement by the surviving spouse indicating a consideration of the alternative procedures available to the surviving spouse. The written statement must also contain an acknowledgment by the surviving spouse that the inclusion of the property in the administration could result in appraisal fees, commissions, and attorney fees that are higher than if an alternative procedure was used. Reference: Family Code §850-§853; Probate Code §100-§101 and §13500-§13660; and California Rule of Court, Rule 7.301. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004)
CHAPTER 3. SPOUSAL PROPERTY PETITION Rule 4.13 Statement of Title (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004) Rule 4.14 Allegations in Support of Showing of Community Property A. If record title to property, either real or personal, is not in community property form, and the petitioner seeks confirmation of the property as community property, the petitioner must allege the
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.