Title 2. Judicial Officers · Chapter 2. Powers of Judges at Chambers · Last amended 2002 · Last verified July 28, 2026
In one sentenceSection 166 lists the matters a California superior court judge may handle at chambers rather than in open court — mainly ex parte orders, probate administration, uncontested matters other than family law dissolution cases, cost-taxation motions, and bond approvals — and confirms a judge can exercise those chambers powers anywhere in the state.
(a)The judges of the superior courts may, in chambers:
(1)Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be filed, order notice of settlement of supplemental accounts, suspend the powers of personal representatives, guardians, or conservators in the cases allowed by law, appoint special administrators, grant letters of temporary guardianship or conservatorship, approve or reject claims, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate.
(2)Hear and determine all motions made pursuant to Section 657 or 663.
(3)Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than actions for dissolution of marriage, for legal separation, or for a judgment of nullity of the marriage, and except also applications for confirmation of sale of real property in probate proceedings.
(4)Hear and determine motions to tax costs of enforcing a judgment.
(5)Approve bonds and undertakings.
(b)A judge may, out of court, anywhere in the state, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court, or that a judge may exercise or perform in chambers.
Plain-English Summary
Section 166 is the superior court counterpart to Section 165’s appellate-chambers rule, and it covers considerably more ground. Subdivision (a)(1) lets a judge, at chambers, grant the usual run of ex parte orders and writs, appoint referees, handle inventories and accounts, suspend or appoint personal representatives, guardians, or conservators, and direct the writs and process a probate matter needs. Subdivision (a)(3) adds a broad category: a judge can hear and determine any uncontested action, proceeding, demurrer, motion, petition, application, or other matter — with two carve-outs. Family law cases for dissolution, legal separation, or nullity of marriage stay out of chambers even when uncontested, and so do applications to confirm the sale of real property in a probate proceeding.
The remaining paragraphs round out a judge’s chambers docket: subdivision (a)(2) covers certain post-trial motions, (a)(4) covers motions to tax the costs of enforcing a judgment, and (a)(5) covers approving bonds and undertakings. Subdivision (b) then makes the geographic point explicit — a judge can exercise all these chambers powers, and any other function or duty given to a judge as distinct from “the court,” anywhere in the state, not just within the county where the case is pending.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1979 Law Revision Commission Comment. Section 166 is amended to add authority for the judge to suspend the powers of a conservator and to issue letters of temporary conservatorship. See Prob. Code §§ 2250– 2251, 2258, 2654. Other technical revisions are also made.
1982 Law Revision Commission Comment. Subdivision (a)(4) is added to Section 166 to continue a provision of former Section 1033.7.
1983 Law Revision Commission Comment. Section 166 is amended to authorize judges at chambers to approve bonds and undertakings. Formerly approval of probate bonds only at chambers was authorized. The other changes in Section 166 are technical.
1988 Law Revision Commission Comment. Section 166 is amended to provide additional probate matters that may be heard and determined in chambers. The added provisions restate former provisions of the Probate Code without substantive change. See former Prob. Code §§ 460–464 (appointment of special administrator), 613–615 (citation to account), 703, 710–713, 718 (rejection of claim), 921–922 (citation to account), 1020.5 (notice of settlement of supplementary accounts). Section 166 is also amended to change the phrase “at chambers” to “in chambers” in conformity with modern usage.
1998 Law Revision Commission Comment. Section 166 is amended to reflect the elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b).
2002 Law Revision Commission Comment. Subdivision (a) of Section 166 is amended to reflect unification of the municipal and superior courts pursuant to Article VI, Section 5(e), of the California Constitution. Subdivision (a) is also amended to delete language referring to “the judge” of the court. Every superior court has at least two judgeships as a result of trial court unification. See Gov C §§ 69580 et seq. (number of judges). Where a court has only one judge due to a vacancy or otherwise, a reference to the judges of the court means the sole judge of the court. See Gov C § 13 (plural includes singular).
Frequently Asked Questions
Can a superior court judge handle probate matters at chambers?
Yes. Section 166(a)(1) lets a judge, at chambers, appoint special administrators, grant temporary letters of guardianship or conservatorship, approve or reject claims, and direct the writs and process a probate matter requires.
Can a divorce case be decided at chambers even if it is uncontested?
No. Section 166(a)(3) excludes actions for dissolution of marriage, legal separation, and nullity of marriage from the uncontested matters a judge may hear at chambers.
Does a judge have to stay within the county to exercise chambers powers?
No. Section 166(b) allows a judge to exercise chambers powers anywhere in the state.
Can a judge approve a bond at chambers?
Yes. Section 166(a)(5) lists approving bonds and undertakings among the matters a judge may handle at chambers.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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