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Chapter 7 (Rules 4.32 to 4.38): the nature and form of claims (Rule 4.32); filing and listing claims (Rule 4.33); approval by the court (Rule 4.34); funeral and interment claims (Rule 4.36); claims of personal representatives and reimbursements to personal representatives and their attorneys (Rule 4.37); and the compromise of claims (Rule 4.38). Rule 4.35 is repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 7. CLAIMS Rule 4.32 Nature and Form of Claims A. Claim versus expense of administration: The Court will not approve "creditors' claims" which represent obligations of the estate arising after the death of the decedent (except reasonable funeral expense). Such expenses are properly expenses of administration, which shall be included for approval in the account. B. Form of claims 1. Creditors' claims shall be submitted on Judicial Council forms but creditors' claims will be liberally construed in favor of their sufficiency if the content and format are in substantial compliance with the Probate Code. Satisfactory vouchers or proof of the claim should be attached. 2. Any claim presented for filing more than four months after letters are first issued shall be accompanied by either (1) a copy of the Notice of Administration to Creditors showing that the claim is timely, or (2) a Court Order allowing a late filing of the claim pursuant to Section 9103. Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403. (Adopted, effective July 1, 1996; Amended, Effective July 1, 2004) Rule 4.33 Filing and Listing Claims Reference: Probate Code section 7.403 (Adopted, effective July 1, 1996; Amended, Effective July 1, 2004) Rule 4.34 Approval by the Court A. Personal Representative without Independent Powers Reference: California Rules of Court, Rule 7.401 B. Personal Representative with Independent Powers Reference: California Rules of Court, Rule 7.402. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.35 Rejection of Claims by Personal Representative (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004) Rule 4.36 Funeral and Interment Claims When interest has been paid in connection with the delayed payment of a claim for the reasonable cost of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken, setting forth reasons for the delay in payment. The Court will not allow credit for payment of interest where the delay in payment of the claim is not justified by the facts set forth. Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403. (Adopted, effective July 1, 1996; Amended, Effective July 1, 2004) Rule 4.37 Claims of Personal Representatives and Reimbursements to Personal Representatives and their Attorneys. A. Claims. A creditor's claim of the personal representative shall be noted as such. Such a claim must be processed as provided in Section 9252 notwithstanding authority to act under the I.A.E.A. Where there is more than one personal representative, a creditor's claim submitted by one of the personal representatives must be approved by the other(s) before submittal to the Court for approval. B. Reimbursements. Payments to a personal representative as reimbursement for payment by that personal representative of funeral expenses, expenses of last illness, or other debts of the decedent shall be reported to the Court in the same manner as an administrative expense. Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004) Rule 4.38 Compromise of Claims Probate Code section 9830 sets forth the mechanics for formal compromise of claims. The same result may be accomplished more simply by having the personal representative approve the claim in the reduced amount reached by settlement. If the claim had been rejected before the settlement, the rejection may be withdrawn. Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004)
CHAPTER 7. CLAIMS Rule 4.32 Nature and Form of Claims A. Claim versus expense of administration: The Court will not approve "creditors' claims" which represent obligations of the estate arising after the death of the decedent (except reasonable funeral expense). Such expenses are properly expenses of administration, which shall be included for approval in the account. B. Form of claims 1. Creditor
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.