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Chapter 4 (Rules 4.17 to 4.22): the appointment of a special administrator (Rule 4.17); the petition for probate of will and letters of administration (Rule 4.18), holographic wills, foreign wills, Item #8 in the Petition for Probate and the supplement to the petition (Rules 4.18.1 to 4.18.4); notice requirements, service of notice and publication (Rules 4.19 to 4.19.2); the proof of wills (Rule 4.20); lost or destroyed wills (Rule 4.21); and renunciations and declinations to act (Rule 4.22).
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS Rule 4.17 Appointment of Special Administrator Counsel must personally present the petition to the Court. Such petitions would ordinarily require appearance and notice as required in California Rule of Court, Rules 3.1200-3.1207. Except in the instance of a contest, special letters will issue for only a specified period of time. Although preference is given to the person entitled to letters, if it appears that a bona fide contest exists, the Court will consider the advisability of appointing a neutral person or corporate fiduciary. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court, Rules, 3.1200-1207, 7.50-7.55. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective January 1, 2009) Rule 4.18 Petition for Probate of Will and Letters of Administration Copies of all instruments offered for probate must be attached to the petition. (Adopted, effective July 1, 1996; Sections (a), and (c) have been renumbered new Rules 4.18.1, 4.18.2, and 4.18.3) Rule 4.18.1 Holographic Wills When a holographic instrument is offered for probate, by filing it with the Court and attaching it to the Petition for Probate and other supporting papers (e.g., proof of Holographic Instrument), a typewritten copy must be accompany the holographic instrument. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55. (Adopted, effective July 1, 2004, formerly Rule 4.18(a)) Rule 4.18.2 Foreign Wills Where an instrument written in a foreign language is offered, it must similarly be accompanied by an English translation, the accuracy of which is verified by the translator. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55. (Adopted, effective July 1, 2004, formerly Rule 4.18 (a)) Rule 4.18.3 Item #8 in the Petition for Probate In addition to those required by law, the following persons shall be listed in Item #8 to the Petition for Probate: 1. Even though a decedent died testate, the petition, as in the case of intestacy, must contain the names and relationships of all the heirs of the decedent. An heir is any person who would be entitled to distribution of a part of the decedent’s estate (including those who would be heirs by virtue of Section 6402.5 if the decedent had a predeceased spouse) if the decedent had died intestate. 2. All contingent heirs and legatees must be listed including persons provided for in the will but whose bequests have been revoked by a subsequent codicil. 3. If a named legatee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51. 4. If an heir or legatee died after the decedent, that person shall be listed with the notation that he or she is deceased. If a personal representative has been appointed, the deceased heir or legatee shall be listed in care of the name and address of his or her personal representative. If no personal representative has been appointed, that fact shall be alleged (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51. 5. The nominated trustee(s) of a trust created by the will shall be listed. 6. All executors and alternate executors shall be listed. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55. (Adopted, effective July 1, 2004, formerly Rule 4.18 (c); Amended, effective January 1, 2007; Amended, effective July 1, 2025) Rule 4.18.4 Supplement to Petition for Probate A petitioner for probate shall file with the clerk a completed form DE-147S, which the clerk shall file confidentially, and not as part of the public court file. Reference: Probate Code Sections 8404(a) and 8404(b) (Adopted, effective July 1, 2021) Rule 4.19 Notice Requirements A. Direct notice required. Noticing requirements are detailed and complex. Refer to the California Rules of Court, Rule 7.51(a). B. Notice to attorney. Refer to California Rule of Court, Rule 7.51(b) C. Notice to guardian or conservator: When a guardian or conservator has been appointed for a person entitled to notice, the notice must be sent to the guardian or conservator and, unless the court has dispensed with such notice, to the ward or the conservatee. Refer to California Rules of Court, Rule 7.51(c). D. Notice to minor. Refer to California Rule of Court, Rule 7.51(d) E. Notice required in a decedent’s estate when a beneficiary has died. Refer to California Rules of Court, Rule 7.51(e). F. Additional Notice Requirements: In addition to the above, notice must also be provided to the following: (1) To any alternative executor and to a non-petitioning co-executor; (2) To the Attorney General where there is a charitable trust involved as set forth in California Probate Code, section 8111. G. Petition Removed from Calendar. If the original petition is taken off calendar, a new notice must be published and served. H. Defective Notice. (1) Publication correct but mailing defective. The hearing normally will be continued to allow a new mailing at least 15 days before the continued hearing date. (2) Mailing correct but publication defective. The matter must be taken off calendar or continued and a new notice must be given by publication and mailing. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court 7.50-7.55. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.19.1 Service of Notice A. Service. The service must be completed by a person other than petitioner. The server must complete a Proof of Service. B. Proof of Service. A written Proof of Service (an original and two copies) must be filed with the Court Clerk’s Office, Probate division in Room A, prior to the court hearing as prescribed by the California Rules of Court. If service is required on more than one person, a separate Proof of Service may be submitted for each service. C. Declaration of Diligent Search. Refer to California Rules of Court, Rule 7.52(a). D. Mailed notice to county seat. Refer to California Rules of Court, Rule 7.52(b). E. The court may prescribe or dispense with notice. Refer to California Rules of Court, Rule 7.52(c) F. No Proof of Service. If service is not completed or no written Proof of Service is on file with the Court, the Court may continue the hearing on the Petition. (Adopted, effective July 1, 2004, formerly Rule 4.19(b)) Rule 4.19.2 Publication. Reference: California Rules of Court, Rule 7.54. (Adopted, effective July 1, 2004, formerly Rule 4.19(c)) Rule 4.20 Proof of Wills In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need of testimony in open court. Reference: Probate Code §8000-§8547 and §10400, specifically sections 8220, 8250 to 8254; California Rule of Court, Rules 7.50-7.55. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.21 Lost or Destroyed Wills Declarations of witnesses will be required to prove a lost or destroyed will under the applicable provisions of Sections 8220 - 8226. If the will is proved, the provisions shall be attached to the Order for Probate per Probate Code Section 8223. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules 7.50-7.55. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.22 Renunciations and Declinations to Act A written renunciation shall be filed by or on behalf of a nominated executor who does not petition as such. Similarly, a written declination shall be filed by or on behalf of an individual who is entitled to priority for issuance of letters of administration, but does not desire to act as such. If the necessary renunciation or declaration is not filed, the petition shall indicate the reason. Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules 7.50-7.55. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004)
CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS Rule 4.17 Appointment of Special Administrator Counsel must personally present the petition to the Court. Such petitions would ordinarily require appearance and notice as required in California Rule of Court, Rules 3.1200-3.1207. Except in the instance of a contest, special letters will issue for only a specified period of time
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.