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Rules 1059 to 1063: fees, commissions and compensation to fiduciaries and their attorneys determined as just and reasonable on a properly captioned petition explaining the calculation and listing the dates, nature, hours, person and hourly rate of each service, noncomplying requests continued one time for at least two weeks, paralegal compensation only with prior court approval, no fees or commissions paid before an authorizing order, statutory fees allowed in proportion to the work completed with the last 25 per cent usually after the final accounting, the factors for extraordinary fees, petitions for extraordinary fees over 25 percent of statutory fees mailed to those entitled to notice, and conservator, guardian and attorney compensation only with court approval on a statement of the amount requested (1059); blocked accounts encouraged, bonds in conservatorships and guardianships waived only in the cases listed, the depository's receipt and agreement filed before letters issue, and bonds reduced, assets released and bonds increased on ex parte petitions (1060); an Increased Bid in Open Court form (Appendix 7) completed and signed on a successful overbid, no real estate commission to a purchaser, personal representative or fiduciary who is a licensed broker or salesperson without good cause, and broker compensation disputes heard separately after a face-to-face meet and confer (1061); a personal representative's or attorney's creditor's claim approved on a noticed petition served at least 15 days before the hearing, except funeral and last illness expenses not exceeding $5,000.00, claims less than $1,000.00 and the other cases listed (1062); and adoption hearings set by the calendar clerk in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center only after the Family Code section 8604 consents are filed or consent is judicially dispensed with, stepparent adoption investigations and reports by Family Court Services, other investigations by the Adoptions Division of the Tulare County Health and Human Services Agency, the section 8610 accounting report, the consent of a child twelve years of age or older, the section 8612(b) acknowledgment and the proposed adoption decree lodged before a hearing is set (1063)
California > Fifth Appellate District > Tulare County > Superior Court of California, County of Tulare
PART FOUR. Compensation of Fiduciaries and Attorneys Rule 1059 - Compensation of Fiduciaries and Attorneys Other than statutory fees and commissions in decedent estate proceedings, the Probate Code provides generally that fees, commissions, and compensation to fiduciaries and their attorney must be “just and reasonable” in amount. The court will make a determination of what is just and reasonable based on the information supplied to the court in the petition requesting allowance of fees or commissions. The petition must be properly captioned, including a reference to the fee request, and it must include an explanation of how the fees or commissions were calculated. Information must be provided in detailed, but brief and organized form, including (1) date(s) of service, (2) nature of service rendered, (3) hours, and fractions of hours, of service rendered, (4) identity of person rendering services, and (5) the hourly rate charged for each person rendering services. Copies of a computerized billing statement will not fulfill the requirements hereunder unless such statement contains all such information and is legible. (a) Compliance - All requests for fees and commissions in decedents’ estates and in guardianship, conservatorship, and trust proceedings must be submitted in strict compliance with these rules. Requests that do not comply will be automatically continued one time for a minimum period of two weeks to permit the filing of supplemental or amended pleadings. Caution: Oral testimony or representations will not be accepted on uncontested fee matters, except as may be allowed by the court upon showing of good cause. (b) Payment of Fees by Assignment of Property - Petitions for assignment of property to fiduciaries or their attorneys in place of fees or commissions will not ordinarily be approved. (c) Paralegal Compensation - Compensation for services performed by a paralegal under an attorney’s direction and supervision may be allowed by the court in appropriate cases. No paralegal compensation will be paid from a decedent’s guardianship or conservatorship estate without prior court approval. Any petition requesting allowance of paralegal compensation must set forth the hours expended and nature of services performed, and the paralegal’s hourly rate as well as the name and brief summary of the qualifications of the paralegal. (d) Prior Court Approval Required for all Fiduciary and Attorney Compensation - There must be no payment of any commissions or attorney fees from decedent’s estate, guardianships, or conservatorships in advance of an authorizing court order. The probate court may, in its discretion, impose sanctions, order return of the fee or commission, or surcharge representatives or attorneys interest from the date of payment to the date of the order authorizing the same at the rate prescribed by Code of Civil Procedure section 685.010 for judgments, unless the written consents of all residuary devisees of a decedent’s estate are filed with the court, and the court finds the amounts paid are reasonable and proper. Fees of trustees and their attorneys must be paid only after the services have been performed to which they relate. (e) Periodic Payments - Periodic payment of fees or commissions may be made with prior court authority pursuant to the rules set forth in Probate Code sections 2640 to 2642. (f) Statutory Fees and Commissions in Decedents’ Estates - Allowances on account of statutory fees or commissions will be granted by the court only in proportion to the work actually completed. Usually, the last 25 per cent of statutory fees or commissions will not be allowed before the approval of the final accounting and the decree of distribution, unless it can be shown that payment of a greater amount will benefit the estate. All or substantially all of the statutory fee or commission may be allowed when it is shown that all services have been performed, but that the estate has not closed because of reasons beyond the control of the petitioning party. (1) Waiver of Accounting - If an accounting is waived, the statutory fee will ordinarily be based only upon the stated inventory, with no fees allowed on gains on sales or on receipts by the estate. (2) Compensation for Ordinary Duties of Personal Representative - The personal representative may hire an attorney or other agent to perform duties of the representative, and separately compensate the attorney or agent from his or her own funds. If such contract is entered into with an attorney, the attorney must comply with rule 5-101 of the California Rules of Professional Conduct and enter into a written agreement setting forth the basis of compensation and the consent of the representative. The agreement will be subject to court approval, and must be filed with the court at the time the first petition for fees is filed. (g) Fees for Extraordinary Services in Decedents’ Estates - Extraordinary fees may be allowed to the personal representative or attorney for their services relating to such matters as sales, leases, borrowing, litigation (including contested probate matters), tax matters (including preparation of returns, audits, and tax litigation), operating a business, heirship proceedings, and the performance of any other act resulting in extraordinary benefit to the estate requiring an extraordinary expenditure of time or other special services as may be necessary for the personal representative or attorney to perform. The court will consider the following facts, among others, in exercising its discretion to grant fees for extraordinary services: (1) Time Devoted to the Matter - The request for fees must indicate the time devoted to a matter, broken down between attorney and paralegal, indicating the hourly rate customarily charged for such services. The court must be provided with sufficient information in order to analyze the reasonableness of the rate and the amount of time devoted to the matter; however, the time and rate will not be the sole criteria, or considered as a minimum or maximum value, in determining extraordinary fees. (2) Benefits Inured to the Estate - It is recognized that the representative or his or her attorney may occasionally be under a duty to pursue certain matters which do not enjoy a successful conclusion. Such services may nevertheless be compensable, but a successful conclusion is relevant. (3) Amount of Money or Value of Property Involved in the Transaction - This is relevant to the degree of responsibility assumed and the care that will be given to the matter. (4) Nature and Complexity - The court will consider whether the matter was routine or involved a unique matter of substantial legal or practical difficulty. The court will also consider whether the character of the services rendered (legal versus ministerial; special skills required), as well as the knowledge and experience of the personal representative or attorney. For example, if a real property sale involves dealing with numerous buyers, evaluation of exchanges, clearing title, or exposure to potential litigation, these facts should be listed in detail. Similarly, if the preparation of a Federal Estate Tax Return involves such other matters as elections under sections 303, 2032A, 6166, or 2056 of the Federal Estate and Gift Tax Code, each service should be separately described. (5) Duration of the Probate Administration - Although it is the policy of the law to close an estate as promptly as possible, it occasionally is necessary for estates to remain open for lengthy periods of time. In that event, delay in compensation and the time value of money is relevant. (6) Consideration of Statutory Fee - In requests for extraordinary fees, the amount of the statutory fee and the time required to administer all matters pertaining to the estate may, in certain cases, be considered as a factor in determining reasonable compensation for extraordinary services, if any. In all cases where statutory fees are considered, the normal services required to close an estate, subsequent to the date on which extraordinary fees or commissions are requested, will be considered. (7) Copies of Petition to Beneficiaries - Copies of petitions for allowance of fees for extraordinary services and commissions in decedents’ estates in excess of 25 percent of statutory fees must be mailed to all persons entitled to receive notice of the hearing on the petition (except beneficiaries of specific gifts). (h) Compensation of Conservators, Guardians, and Their Legal Counsel - No compensation for any conservator or guardian, or their legal counsel, will be paid without court approval. Requests for allowance of attorney fees in conservatorships and guardianships must comply with the requirements set forth above in subsection (g) of this rule and will be similarly considered by the court. (1) Conservator and Guardian Fees - Any application for fees must be accompanied by a complete statement of facts upon which such application is based. This application must specify the amount requested, not merely “reasonable fees.” The court will consider (1) relative value and gross income of the estate, (2) benefit or loss due to administration by the fiduciary, (3) any skill or experience required of the fiduciary, (4) the quality and extent of services performed by the fiduciary for the benefit of the conservatee or ward, (5) the amount of responsibility assumed and exercised, (6) time spent by the fiduciary for services benefiting conservatee or ward, or estate, (7) customary hourly charges for similar services of other private or professional fiduciaries, (8) character of work performed (i.e., whether routine or involving special skill or judgment), and (9) in the case of a final accounting, a reasonable estimate of work and time to complete estate affairs and distribution. Any application for fees made by the public guardian should be based upon the standing order for fees in effect at the time of the application. (2) Attorney Representing Conservatee or Ward - Upon written, verified application of the attorney at the conclusion of the hearing, compensation may be ordered to an attorney representing the conservatee or ward, unless the court requires a noticed petition. (3) Conservatorship/Guardianship Review of Legal Fees - If only attorney fees are requested, the petition must show that the conservator or guardian has been notified, and must reflect the fiduciary’s approval or disapproval of the requested fees. (07/01/97) (Revised 01/01/07) PART FIVE. Bonds Rule 1060 - Bonds In estates where a bond is not waived, the court encourages the use of blocked accounts with bank or savings association depositories for liquid assets. Normally in conservatorships and guardianships, only liquid assets necessary to meet the anticipated day-to-day expenses of the conservatee or ward and estate should be available to the conservator or guardian. (a) Waiver of Bond in Conservatorships and Guardianships - The court will not usually waive a bond for conservatorships or guardianships except (1) where the conservator is the spouse of conservatee, all or most of the property is shown to be community property, and the community property may be excluded from estate administration, (2) in small estates under Probate Code section 2628, or (3) where the conservatee is present in court, is a competent person (as affirmatively shown by a physician’s declaration), and gives informed consent to the bond waiver. In no event will a bond be waived in cases in which the proposed conservator is not the petitioner on the petition to establish the conservatorship. (b) Reducing Bond through Use of Depository (1) Before Issuance of Letters - Unless otherwise ordered by the court, when assets are to be placed in a blocked account or depository, the receipt and agreement of the depository required by Probate Code sections 2328, 8401, 8483, and 9700 through 9705 must be filed prior to the issuance of letters. Proposed orders pertaining to blocked accounts at depositories should contain appropriate language to allow deposits in conformance with the foregoing code sections and Financial Code sections 764, 765, and 775. (2) After Appointment - 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 depository, and it must appear that the reduced bond adequately covers the amount to be protected. (3) Direct Transmittal to Depository - If the assets to be deposited are in the possession of a bank, savings and loan association, or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository, and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary (Fin. Code, §§ 764 and 765). (4) Withdrawals or Releases from Depository - An order authorizing release of assets from a blocked account may be had ex parte. The petition should set forth the approximate value of the assets on hand, the approximate value of all assets under impound, the amount of the existing bond, and the purpose for which the withdrawal is being made. 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. (d) Bond Modification - It is the duty of the fiduciary upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond. Such applications may be made ex parte. When the bond of a fiduciary must be increased, the court favors filing an additional bond rather than a substitute bond. When the fiduciary’s bond must be decreased, the court favors using an order decreasing the liability on the existing bond, rather than a substitute bond. (07/01/97) (Revised 01/01/07) PART SIX. Decedent Estates Rule 1061 - Sales of Real Property When there is a successful overbid in open court on a sale of real property, counsel must complete, and the successful bidder must sign, an “Increased Bid in Open Court” form and file same before an order will be signed. (The form in Appendix 7 may be photocopied and used.) (a) No Commission; Special Situations - Except upon showing of good cause, no real estate commission will be allowed or credited to, or for the benefit of, a purchaser who is a licensed real estate broker or salesperson in any probate sale of real property, directly or indirectly. No real estate commission will be allowed or credited to, or for the benefit of, a personal representative or fiduciary in the subject probate proceedings who is a licensed real estate broker or salesperson in any probate sale of real property in the proceeding, directly or indirectly. The petition for confirmation of sale must state any known claim of the personal representative, fiduciary, or purchaser to all or any part of the proposed real estate commission, directly or indirectly. (b) Disputes Between Agents or Brokers Regarding Compensation - Should a dispute arise between agents or brokers seeking compensation upon the sale of real property under Probate Code section 10161 and/or sections 10162.5 through 10166, there will be a separate evidentiary hearing to resolve the dispute. Before the hearing, the agents or brokers, or their respective attorneys, must meet and confer (face-to-face) in a reasonable and good faith attempt to informally resolve the dispute. The court must be notified of the results of such attempt at least two court days before the hearing. The sale of real property may be confirmed at the hearing on the sale and need not be delayed by virtue of any dispute for compensation by or between real estate agents or brokers. (07/01/97) (Revised 01/01/07) Rule 1062 - Claims of Personal Representative and Attorneys of Record For any creditor’s claim brought by the personal representative or his/her attorney of record, noticed petition for approval must be filed and served on all persons whose interest might be affected by approval of the creditor’s claim at least 15 days before the hearing, except as provided below. The creditor’s claim must be complete with approval signed by all personal representatives in the proceeding. The petition must contain a factual statement relating to the solvency of the estate, including a summary of the nature and the amount of assets and all known indebtedness and taxes of the estate, whether absolute or contingent. The requirement of a noticed hearing and petition will not be required when (1) the claim is for reimbursement of funeral and last illness expense not exceeding $5,000.00, and proof of payment is attached to the claim, (2) the claim, together with all other claims of that personal representative or attorney (except for funeral and last illness expenses) is less than $1,000.00, (3) a written approval signed by all persons whose interest might be affected by the approval is attached to the claim, (4) the personal representative has complied with the provisions of the Independent Administration of Estates Act with respect to the proposed payment of said claim, or (5) a claim is for a definite amount and is based upon a prior court order, which is attached to the creditor’s claim. (07/01/97) (Revised 01/01/07) PART SEVEN. Adoptions Rule 1063 - Adoption Proceedings (a) All adoption hearings will be set by the calendar clerk of the court located in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center. No hearings will be set unless there has been previously filed with the court all consents required by Family Code section 8604. No consents are required if (1) the parent is deceased; (2) the parental rights of the parent have terminated by a final court decision terminating parental rights; (3) there is a judicial determination that consent is not required pursuant to Family Code section 7662; or (4) there is a judicial determination that consent is not required pursuant to Family Code section 8606. If it is alleged by the petitioner that consent of a parent is not required pursuant to Family Code sections 7662 or 8604, a judicial determination that consent is not required will be made at a judicial proceeding held prior to the adoption hearing. That judicial determination will be in the court’s file prior to the adoption hearing. No judicial determination will be made that consent is not required pursuant to Family Code sections 7662 or 8604 without strict compliance with the notice requirements of Family Code sections 7662 or 8604(b). In cases falling within Family Code section 7662, the court will not issue an order dispensing with notice under Family Code section 7666(b) without a factual showing made by declaration under penalty of perjury that good faith attempts have been made to locate and give notice to the person to be noticed and that despite such efforts the petitioner has been unable to locate such person to give notice. If it is judicially determined that a petition to terminate parental rights must be completed and granted before a petition for adoption can be granted, there must be an investigation and a report completed for the court. In the case of stepparent adoptions, the investigation and report are prepared by Family Court Services, room 203. In all other cases, the investigation and report are completed by the Adoptions Division of the Tulare County Health and Human Services Agency. Forms that may be utilized to petition the court to determine necessity of consent in stepparent adoptions are available in the office of the clerk of the court, Room 201 of the Visalia Courthouse. (b) Except in the case of stepparent adoptions, no adoption will be set for hearing unless there has been previously filed with the court an accounting report as required by Family Code section 8610. (c) In cases in which the child(ren) to be adopted is twelve years of age or older, no adoption will be set for hearing unless there is lodged with the clerk a proposed consent form to be signed by the child in the court’s presence. (d) The acknowledgment in writing that must be executed by the adopting parent or parents pursuant to Family Code section 8612(b) must be lodged with the clerk prior to the setting of any adoption hearing. (e) The proposed adoption decree must be lodged with the clerk prior to the granting of a hearing date. (07/01/00) (Revised 01/01/03, 01/01/07, 01/01/20, 07/01/20)
PART FOUR. Compensation of Fiduciaries and Attorneys Rule 1059 - Compensation of Fiduciaries and Attorneys Other than statutory fees and commissions in decedent estate proceedings, the Probate Code provides generally that fees, commissions, and compensation to fiduciaries and their attorney must be “just and reasonable” in amount. The court will make a determination of what is just and reasonable
Reviewer note: Composed 2026-10-14 (California T4 Tulare build 2026-10-14) from BenchPath custody ca/t4/ca-tulare/docs/local-rules/remediated-local-rules-effective-70126.pdf (the court's rule book, its first page “(Revised 07/01/2026) TULARE COUNTY SUPERIOR COURT LOCAL RULES”, as fetched 2026-10-14; 1062132 bytes, sha256 be58dbaab3a00c40a0d8449761c1841880e50c19a0a04177d0200d6d3115984d; 138 pages; this part PDF pages 84 to 90, printed pages 84 to 90) with the shared verbatim composer (v2 reflow): the rules (PDF pages 25 to 104) composed as one text and cut at the chapter headings (“CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT” to “CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES ...”, Chapters 1 to 3, 4 and 5, and 6 and 7 joined) and, in Chapters 9, 10 and 11, at a rule or part heading (“Rule 920 - Custody Evaluations”; “PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships”, “PART FOUR. Compensation of Fiduciaries and Attorneys”; “Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26)”), each matched once as a whole line; every page's footer (“(Revised 07/01/2026)”, named, and its printed page number, “25” to “104”) removed as chrome - 160 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-14.txt) finds one struck run in the book, a single space on PDF page 131 (the standing orders), no character; 1 whitespace-only fix (build/book-fixes.json: Rule 1059(h)(1)'s inline list of the factors for fiduciary fees, broken at the foot of PDF page 86, rejoined); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the contents (2 to 8), the list of local forms (9 to 15), the table of rule modifications (16 to 24), the appendices that are forms (105 to 115, Appendix 8 apart) and the subject matter index (133 to 138) belong to no card. Review note: Rule 1063 says that in stepparent adoptions “the investigation and report are prepared by Family Court Services, room 203”; Rule 919(b) (carded with Chapter 9) places Family Court Services' offices in Room 204, as do the Stepparent/Domestic Partner Adoption and Family Court Services pages, and Rule 930 places the Family Law Facilitator in Room 203 - the review task asks which room receives the stepparent adoption papers.
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.