2007 California Government Code Article 2. Fees In Probate Proceedings

CA Codes (gov:70650-70661)

70650.  (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code, or a first account of a trustee of a testamentary trust
that is subject to the continuing jurisdiction of the court pursuant
to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9
of the Probate Code is, as follows:
   (1) Three hundred twenty dollars (0) for estates or trusts
under two hundred fifty thousand dollars (0,000).
   (2) Three hundred eighty-five dollars (5) for estates or trusts
of at least two hundred fifty thousand dollars (0,000) and less
than five hundred thousand dollars (0,000).
   (3) Four hundred eighty-five dollars (5) for estates or trusts
of at least five hundred thousand dollars (0,000) and less than
seven hundred fifty thousand dollars (0,000).
   (4) Six hundred thirty-five dollars (5) for estates or trusts
of at least seven hundred fifty thousand dollars (0,000) and less
than one million dollars (,000,000).
   (5) One thousand one hundred thirty-five dollars (,135) for
estates or trusts of at least one million dollars (,000,000) and
less than one million five hundred thousand dollars (,500,000).
   (6) Two thousand one hundred thirty-five dollars (,135) for
estates or trusts of at least one million five hundred thousand
dollars (,500,000) and less than two million dollars (,000,000).

   (7) Two thousand six hundred thirty-five dollars (,635) for
estates or trusts of at least two million dollars (,000,000) and
less than two million five hundred thousand dollars (,500,000).
   (8) Three thousand six hundred thirty-five dollars (,635) for
estates or trusts of at least two million five hundred thousand
dollars (,500,000) and less than three million five hundred
thousand dollars (,500,000).
   (9) Three thousand six hundred thirty-five dollars (,635) plus
0.2 percent of the amount over three million five hundred thousand
dollars (,500,000) for estates or trusts of three million five
hundred thousand dollars (,500,000) or more.
   (b) The full uniform filing fee for a petition for letters in a
decedent's estate or the first account of a trustee under subdivision
(a) shall be determined based on the final appraised value of the
estate without reference to encumbrances or other obligations on
estate property, or the value of the trust shown in the first
account, and is payable as follows:
   (1) The petitioner for letters under subdivision (a) shall pay the
sum of three hundred twenty dollars (0) at the time of filing the
petition.
   (2) In a decedent's estate under subdivision (a), the balance of
the uniform filing fee, if any, shall be paid by the general personal
representative of the estate no later than the date the general
personal representative files its final account or report and
petition for settlement or for final distribution, under rules
adopted by the Judicial Council, without regard to whether the
representative was appointed by the court on a petition under
subdivision (a) or a petition under subdivision (d).
   (3) The full uniform filing fee for a trust under subdivision (a)
shall be paid when the first account is filed.
   (c) The uniform filing fee for the first objections to the probate
of any will or codicil under Section 8250 of the Probate Code, or
the first petition for revocation of probate of any will or codicil
under Section 8270 of the Probate Code, is three hundred twenty
dollars (0).  The uniform filing fee for the first petition for
special letters of administration without the powers of a general
personal representative is the fee provided in Section 70657.5. Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (d) filed by the same person, only the fee provided in
subdivision (d) shall be charged to that person.
   (d) A fee of three hundred twenty dollars (0) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) in the same proceeding by a person other
than the original petitioner or contestant. The same fee as provided
in subdivision (c) shall be charged for filing each subsequent
petition or objections of a type described in that subdivision in the
same proceeding by a person other than the original petitioner or
contestant.
   (e) Notwithstanding Section 70658.5, if a petition for special
letters of administration without the powers of a general personal
representative is filed together with a petition for appointment of
an administrator with general powers under subdivision (a) or
subdivision (d) by the same person, the person filing the petitions
shall be charged the applicable filing fees for both petitions.
   (f)  The first three hundred twenty dollars (0) of the filing
fee charged under this section shall be distributed as provided in
Section 68085.3. The remainder shall be distributed to the Trial
Court Trust Fund.



70651.  (a) The uniform filing fee for objections or any other paper
in opposition to a petition or account described in subdivision (a)
of Section 70650, other than a petition described in subdivision (d)
of Section 70650, is three hundred twenty dollars (0). If
objections or any other paper in opposition are filed together with a
petition described in subdivision (d) of Section 70650 by the same
person, only the fee provided in subdivision (d) of Section 70650
shall be charged to that person.
   (b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.



70652.  (a) The uniform filing fee for each petition concerning the
internal affairs of a trust under Chapter 3 (commencing with Section
17200) of Part 5 of Division 9 of the Probate Code, is three hundred
twenty dollars (0).
   (b) The uniform filing fee for each paper filed in opposition to a
petition under subdivision (a) is three hundred twenty dollars
(0).
   (c) To avoid hardship, or for other good cause, the court may
direct the clerk of the court to refund all or any part of a filing
fee paid under this section.
   (d) This section does not apply to petitions or opposition filed
concerning trusts created by court order under Article 10 (commencing
with Section 2580) of Chapter 6 of Part 3 of Division 4 of the
Probate Code, Article 1 (commencing with Section 3100) of Chapter 3
of Part 6 of Division 4 of the Probate Code, Article 1 (commencing
with Section 3600) of Chapter 4 of Part 8 of Division 4 of the
Probate Code, or first accounts or opposition to first accounts of
testamentary trustees described in Sections 70650 and 70651.
   (e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.



70653.  (a) The uniform filing fee for a petition for appointment of
a conservator, a guardian of the estate, or a guardian of the person
and estate, pursuant to Division 4 (commencing with Section 1400) of
the Probate Code, is three hundred twenty dollars (0).
   (b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred twenty dollars (0).
   (c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
   (d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
   (e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
   (f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.


70654.  (a) The uniform filing fee for a petition for appointment of
a guardian of the person only, is one hundred eighty dollars (0).

   (b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is one hundred eighty dollars (0).
   (c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
   (d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
   (e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
   (f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
   (g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.


70655.  (a) The uniform filing fee for a petition that commences any
of the proceedings under the Probate Code listed in subdivision (c)
is three hundred twenty dollars (0).
   (b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
twenty dollars (0).
   (c) This section applies to petitions or opposition concerning the
following proceedings:
   (1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
   (2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
   (3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
   (4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
   (5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
   (6) A petition concerning capacity determination and health care
decision for adult without conservator pursuant to Section 3200 of
the Probate Code.
   (7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
   (8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
   (9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
   (10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
   (d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.




70656.  (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is one hundred eighty dollars (0).
   (b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is one hundred
eighty dollars (0).
   (c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
   (d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
   (e) Except as provided in subdivision (c), no other fee shall be
charged for filing a paper under this section in addition to the
uniform filing fee provided for in this section.



70657.  (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is forty dollars (). This fee shall be charged for the
following papers:
   (1) Papers listed in subdivision (a) of Section 70617.
   (2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
   (b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
   (c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
   (d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.



70657.5.  (a) The uniform fee for filing the following petitions or
applications, and objections or other opposition, is forty dollars
():
   (1) Petitions or applications, or opposition, concerning the
internal affairs of a trust that are not subject to the filing fees
provided in Section 70650, 70651, or 70652.
   (2) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
   (3) Petitions or applications, or objections, filed subsequent to
issuance of special letters of administration or letters testamentary
or of administration in decedent's estate proceedings that are not
subject to the filing fee provided in subdivision (a) of Section
70658.
   (4) The first or subsequent petition for special letters of
administration without the powers of a general personal
representative.
   (5) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
   (b) No fee is payable under this section for any of the following:

   (1) A petition or opposition filed subsequent to issuance of
letters of temporary guardianship or letters of guardianship in a
guardianship described in Section 70654.
   (2) A petition filed by a personal representative of a decedent's
estate commenced on or after August 18, 2003, that is described or
referred to in subdivision (d) of Section 70658.
   (3) A disclaimer of an interest in a decedent's estate.



70658.  (a) Except as provided in subdivisions (c) and (d), the
uniform fee for filing a petition or application, or objections or
any other paper in opposition to a petition or application listed in
this subdivision, filed after issuance of letters testamentary,
letters of administration, letters of special administration to a
personal representative of a decedent's estate, or letters of
guardianship or conservatorship, or letters of temporary guardianship
or conservatorship to a guardian or conservator, is one hundred
eighty dollars (0). This section shall apply to the following
petitions or applications, or opposition:
   (1) Petition or application for or opposition to an order
directing, authorizing, approving, or confirming the sale, lease,
encumbrance, grant of an option, purchase, conveyance, or exchange of
property.
   (2) Petition or application for or opposition to an order settling
an account of a fiduciary.
   (3) Petition or application for or opposition to an order
authorizing, instructing, or directing a fiduciary, or approving or
confirming the acts of a fiduciary.
   (4) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of an attorney.
   (5) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of a fiduciary.
   (6) Petition or application for or opposition to an order
surcharging or removing a fiduciary.
   (7) Petition or application for or opposition to an order
transferring or authorizing the transfer of the property of an estate
to a fiduciary in another jurisdiction.
   (8) Petition or application for or opposition to an order allowing
a fiduciary's request to resign.
   (9) Petition or application for or opposition to an order
adjudicating the merits of a claim made under Part 19 (commencing
with Section 850) of Division 2 of the Probate Code.
   (10) Petition or application for or opposition to an order
granting permission to fix the residence of a ward or conservatee at
a place not within this state.
   (11) Petition or application for or opposition to an order
directing, authorizing, approving, or modifying payments for support,
maintenance, or education of a ward or conservatee or for a person
entitled to support, maintenance, or education from a ward or
conservatee.
   (12) Petition or application for or opposition to an order
granting or denying a request under Section 2423, concerning payment
of surplus income to the relatives of a conservatee, or Section 2580,
concerning substituted judgment, of the Probate Code.
   (13) Petition or application for or opposition to an order
affecting the legal capacity of a conservatee pursuant to Chapter 4
(commencing with Section 1870) of Part 3 of Division 4 of the Probate
Code.
   (14) Petition or application for or opposition to an order
adjudicating the merits of a claim under Article 5 (commencing with
Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate
Code.
   (b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.4. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
   (c) The fee provided in this section shall not be charged for
filing any of the following papers:
   (1) A petition or application, or opposition, in a guardianship
proceeding under Section 70654.
   (2) A disclaimer of an interest in a decedent's estate.
   (d) The fee provided in this section shall not be charged to a
personal representative of a decedent's estate in a proceeding
commenced on or after August 18, 2003, for any petition or
application filed in the proceeding by the personal representative
concerning any of the following actions:
   (1) Allowance of the personal representative's compensation.
   (2) Allowance of the compensation for the attorney for the
personal representative.
   (3) Settlement of accounts.
   (4) Preliminary and final distributions and discharge.
   (5) Sale of property of the estate to the personal representative
or to the attorney for the personal representative.
   (6) Exchange of property of the estate for property of the
personal representative or property of the attorney for the personal
representative.
   (7) Grant of an option to purchase property of the estate to the
personal representative or to the attorney for the personal
representative.
   (8) Allowance, payment, or compromise of a claim of the personal
representative, or the attorney for the personal representative,
against the estate.
   (9) Compromise or settlement of a claim, action, or proceeding by
the estate against the personal representative or the attorney for
the personal representative.
   (10) Extension, renewal, or modification of the terms of a debt or
other obligation of the personal representative or the attorney for
the personal representative owing to or in favor of the decedent or
the estate.
   (11) Sale, exchange, or grant of an option to purchase real
property.
   (12) Borrowing money with the loan secured by an encumbrance on
real property.


70658.5.  If a petition or application, or opposition to a petition
or application, described in Sections 70650 to 70656, inclusive, or
Sections 70657.5 to 70658, inclusive, is filed combining requests for
relief or opposition to relief that could have been stated in
separate petitions or applications, or objections or other
opposition, only one filing fee shall be charged under this article.
If a filing combines petitions, applications, or objections, or other
opposition to a petition or application, that would be subject to
different filing fees under this article, the higher of the
applicable filing fees shall be charged.


70659.  Where the public administrator, public guardian, or public
conservator, or an employee of the State Department of Mental Health
or the State Department of Developmental Services is the petitioner
in an official capacity in a proceeding described in Section 70650,
70653, 70657, or 70658, the fee is payable only out of the assets of
the estate coming into the official's possession or control.




70660.  (a) The fee for receiving and storing each document
transferred to the clerk of the superior court under Section 732 of
the Probate Code is twenty dollars ().
   (b)
   The superior court may reduce or waive the fee established
pursuant to this section under either of the following circumstances:

   (1) The court has assumed jurisdiction under Article 11
(commencing with Section 6180) of Chapter 4 of Division 3 of the
Business and Professions Code over the law practice of the attorney
with whom the document is deposited.
   (2) On a showing of hardship.



70661.  The fee for searching a document transferred to the clerk of
the superior court under Section 732 of the Probate Code is the same
as the fee under subdivision (c) of Section 70627 for searching
records or files.