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Chapter 5 (Rules 4.23 to 4.27.1): when bond is not required, the statement of waiver in the petition, two or more personal representatives, separate bonds for individuals and the independent power to sell real property (Rules 4.24 to 4.24.4); non-resident executors or administrators (Rule 4.25); reducing bond and withdrawing funds from a blocked account (Rules 4.26 and 4.26.1); bond modification (Rule 4.27); and bond upon sale of real property (Rule 4.27.1). Rule 4.23 is repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 5. BOND The guidelines in this chapter apply to guardians, conservators and trustees, as well as to personal representatives, except as otherwise indicated in Chapter 12. Rule 4.23 Evidence as to Amount of Bond (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004) Rule 4.24 When Bond Is Not Required A. Personal Representative as Sole Heir/beneficiary.. When the verified petition for probate so requests, unless the will requires bond, no bond will be required of the personal representative where the petitioner is the sole heir or sole beneficiary under the will. However, the Court, in its discretion, may require a bond. B. All Heirs/Beneficiaries Waive Bond.. When the verified petition for probate so requests, unless the will requires bond, no bond will be required when all beneficiaries of the estate waive bond. However, the Court, in its discretion, may require a bond. Reference: Probate Code §§8480-8488 and §§9700-9705; and California Rule of Court, Rules 7.201-7.206. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.24.1 Statement of Waiver in Petition Reference: California Rules of Court, Rules 7.201 (Adopted, effective July 1, 2004) Rule 4.24.2 Two Or More Personal Representatives Reference: California Rules of Court, Rule 7.202 and Probate Code §8481(a)(2). (Adopted, effective July 1, 2004) Rule 4.24.3 Separate Bonds For Individuals Reference: California Rules of Court, Rule 7.203. (Adopted, effective July 1, 2004) Rule 4.24.4 Independent Power To Sell Real Property Reference: California Rules of Court, Rule 7.205. (Adopted, effective July 1, 2004) Rule 4.25 Non-Resident Executors Or Administrators A nonresident nominated to serve as personal representative without bond shall be required to post bond in such amount as the Court determines. Reference: Probate Code 8480-8488 and 8570-8577; and California Rules of Court, Rules 7.201, 7.206. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2021; Amended effective January 1, 2022) Rule 4.26 Reducing Bond Bonds may be reduced at any time after appointment by an ex parte petition and order reducing bond, together with a receipt of a depository showing that assets in the amount of the requested reduction have been so deposited. Such a petition must set forth the assets remaining in the estate after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected. (Adopted, effective July 1, 1996; (Amended, effective July 1, 2004) Rule 4.26.1 Withdrawing Funds from Blocked Account An order authorizing release from a blocked account may be made ex parte. The petition shall set forth the approximate value of the assets on hand, the approximate value of all assets under impound and the amount of the existing bond the purpose for which the withdrawal is being made. Petitioner should recite any limitations on the use of funds, including all existing court orders. Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the Court to determine the amount of the increase. The order may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto. Reference: Probate Code §§8480-8488 and §§9700-9705; and California Rules of Court, Rules 7.201-7.206. (Adopted, effective July 1, 2004, formerly Rule 4.26(b)) Rule 4.27 Bond Modification Reference: California Rules of Court, Rule 7.204. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.27.1 Bond Upon Sale of Real Property Reference: California Rules of Court, Rule 7.206. (Adopted, effective July 1, 2004)
CHAPTER 5. BOND The guidelines in this chapter apply to guardians, conservators and trustees, as well as to personal representatives, except as otherwise indicated in Chapter 12. Rule 4.23 Evidence as to Amount of Bond (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004) Rule 4.24 When Bond Is Not Required A. Personal Representative as Sole Heir/beneficiary.. When the verified peti
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.