§ 1002 Court Discretion On Costs

Probate Code·California

AI SummaryVerified

This law lets a judge decide that one side has to pay the court fees, or that the money can come from a dead person's estate, unless another rule says otherwise.

Key Takeaways

•Judges can order any party to pay court costs.
•They can also take the money from a deceased person's estate.
•This only applies if no other rule already says how costs should be handled.

Example

Two siblings are fighting over who gets a house after their parents die.

The judge can tell one sibling to pay the other sibling's court costs, or can take the money needed from the parents' estate, if that seems fair.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1002 Court Discretion On Costs

Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

superior court court on appeal costs Judicial Council assets of the estate

References

Official text at leginfo.legislature.ca.gov
California Legislature. Probate Code. Section 1002.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References