California Probate Lawyer Blog

As of October, 2010, the California Superior Court published its fee schedule for filing various documents with the court. Here is that schedule for probate cases:

PROBATE FEES

Guardianship investigations - person or person and estate Prob.C 1513.1. $1,100

Conservatorship investigator's fee Prob.C 1851.5 $607

Motion for summary judgment. $500

Estate first filing; first-filed petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative under Probate Code § 8545. $395

Petition commencing other proceedings under the Probate Code, and objections or other opposition to such petitions, including the following: $395

Petition to determine the fact of death to determine title to real property and objection or other opposition (Prob.C § 200). $395

Petition for an order concerning a particular transaction and objection or other opposition (Prob.C § 3100). $395

Petition concerning capacity determination and health care decision authority for adult without conservator and objection or other opposition (Prob.C § 3200). $395

Petition for compromise of a claim of a minor or disabled person, no civil action pending, and objections or other opposition (Prob.C § 3600) (no fee required if filed in existing civil action). $395

Petition concerning power of attorney and objection or other opposition (Prob.C § 4541). $395

Petition concerning an advance health care directive and objection or other opposition (Prob.C § 4766). $395

Petition to determine succession to real property and objection or other opposition (Prob.C § 13151). $395

Spousal or domestic partnership property petition and objection or other opposition (Prob.C § 13650). $395

Petition for approval, compromise, or settlement of claims against deceased settlor, or for allocation of amounts due between trusts, or opposition or other objections (Prob.C § 19020). $395

Any other petition that commences a proceeding under the Probate Code and oppositions or other objections thereto. $395

First objection to probate of will or codicil (Prob.C § 8250); first petition for revocation of probate of will or codicil (Prob.C § 8270) (if filed together with petition for appointment of personal representative under GC 70650(c), only the fee under GC 70650(c) is charged). $395

Later-filed petition for, or objections to, letters of administration or letters testamentary, petitions for special letters of administration with powers of general representative filed by a person other than the original petitioner. $395

Objections or any other paper in opposition to petitions or appointment of a personal representative other than competing petitions for appointment or will contest (no fee if filed together with petition for appointment of personal representative); if the objection or opposition is filed with the objector's petition for letters of administration, letters testamentary, or special letters of administration with powers of a general representative, then only one fee for the competing petition and the objections is charged. $395

Each petition and each objection or other opposition to petitions concerning the internal affairs of a trust, Prob.C. § 17200 or first account of a trustee of a testamentary trust that is subject to continuing court jurisdiction under Prob.C. § 17300 (this fee does not apply to petitions or opposition filed concerning trust created by court order under Prob.C. § 2580, 3100 or 3600). $395

Petition (or opposition to petition), for an order listed below, 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 temporary guardianship or conservatorship to a guardian or conservator (other than guardianship of the person only). $395

Petition for order concerning sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property. $395

Petition for order settling an account of a fiduciary. $395

Petition for order authorizing, instructing, or directing a fiduciary, or approving or confirming acts of a fiduciary. $395

Petition for order concerning payment of compensation or expenses of an attorney GC 70658(a)(4). $395

Petition for order concerning payment of compensation or expenses of a fiduciary. $395

Petition for order surcharging or removing a fiduciary. $395

Petition for order transferring or authorizing transfer of property of an estate to a fiduciary in another jurisdiction. $395

Petition for order allowing a fiduciary's request to resign. $395

Petition for order adjudicating a claim to property under Prob.C § 850 et seq. $395

Petition for order granting permission to fix the residence of a ward or conservatee outside of California. $395

Petition for order concerning payments for support, maintenance, or education of a ward or conservatee or of a person entitled to support, maintenance, or education from a ward or conservatee. $395

Petition for order concerning payment of surplus income to relatives of a conservatee (Prob.C § 2423) or concerning substituted judgment (Prob.C § 2580). $395

Petition for order affecting legal capacity of a conservatee under Prob.C § 1870 et seq. $395

Petition for order adjudicating merits of a claim under Prob.C § 2500 et seq. $395

Petitions for appointment of conservator, guardian of the estate or guardian of the person and estate or except as provided in GC 70653(f); if the objection(s) or opposition is filed with the objections, petition for appointment of conservator, guardian of the estate or guardian of the person and estate, then only one fee for the competing petition and objection(s) is charged. $395

First or subsequent petition filed for a temporary conservator, a temporary guardian of the estate, or a temporary guardian on the person and estate. $395

Petition for appointment of guardian of the person only or opposition to petition other than competing petition for appointment (one fee if objections and competing petition are filed together). $225

Petition to establish record of birth, death, or marriage. $225

First or subsequent petition filed for a temporary guardian on the person. $225

Petition for order setting aside estate of small value if no estate is pending for the decedent and opposition or other objections thereto, (Prob.C § 6602) (no fee is charged when this petition is filed with a petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative. $225

Opposition to petition for order setting aside estate of small value (Prob.C § 6602). $225

Petition for summary probate (Public Administrator only) Prob.C 7660. $205

First or subsequent petitions for special letters of administration without powers of general personal representative $200

Petition (or opposition to petition) after issuance of special letters of administration or letters testamentary or of administration in decedents’ estates that are not subject to the $355 fee in GC 70658(a) and GC 70657.5(a)(2). $200

Petitions or applications, or oppositions, concerning the internal affairs of a trust that are not subject to the filing fees in GC 70650 - 70652 GC 70657.5(a)(1). $200

Petition (or opposition to petition) concerning the internal affairs of a trust created by court order under Prob.C § 2580, 3100, or 3600 not subject to the $355 fee. $200

Petition (or opposition to petition) filed after the issuance of temporary letters of guardianship or conservatorship or letters of guardianship or conservatorship not subject to the $355 fee in GC 70658(a) and not exempt under GC 70657(e) and GC 70657(a)(3). $40

Motion, application or other paper requiring a hearing after the first paper other than a petition or application or opposition described in Prob.C. §§ 70657.5 and 70658 including motion or other paper listed in GC 70617(a), GC 70657(a)(1), 70617(a). $40
Application for ex parte relief, whether or not notice of the application to any person is required. $40

Petition to withdraw funds from blocked account. $40

First or subsequent petition for temporary letters of conservatorship or guardianship. $40

Affidavit procedure for real property of small value under Prob.C § 13201. $30

Information package for conservators (plus tax) Prob.C 1835. $20

Deposit of estate planning documents (per document). $20

Search for estate documents, for each search longer than 10 minutes. $15

Motion or other paper listed in GC 70617(b) (list of 13 items), including:

Amended notice of motion. No fee

Civil case management statement. No fee

Request for trial de novo after judicial arbitration. No fee

Stipulation that does not require an order. No fee

A request for entry of default or default judgment. No fee

Paper requiring a hearing on a petition to approve the compromise of a claim of a minor or person with a disability under Prob.C 3600. No fee

Objections to petition for appointment of conservator, guardian of the estate or guardian of the person and estate filed by or on behalf of the proposed conservatee or the minor or a parent of the minor. No fee

Filing statement of professional conservator Prob.C 2343. No fee

Renewal of statement of professional conservator Prob.C 2343. No fee

Opposition to petition by the minor or the parent of the minor. No fee

Petition or opposition filed after issuance of letters of guardianship or temporary guardianship, in guardianship of the person only. No fee

Petition (or opposition to petition) filed after the issuance of letters of guardianship or temporary letters of guardianship in a guardianship of the person only. No fee

Disclaimer of interest in a decedent’s estate. No fee

Ex parte petition for discharge of personal representative, conservator, or guardian upon completion of court-ordered distribution or transfer. No fee