Rule 7.151. Reimbursement of graduated filing fee by successful subsequent petitioner
(a) Duty to reimburse
In decedents' estates commenced on or after August 18, 2003, and before January 1, 2008, a general personal representative appointed on a Petition for Probate (form DE-111) that was not the first-filed petition for appointment of a general personal representative in the proceeding must reimburse the unsuccessful petitioner on the first-filed petition for a portion of the filing fee paid by the unsuccessful petitioner.
(Subd (a) amended effective March 1, 2008; previously amended effective January 1, 2007.)
(b) Amount of reimbursement
The reimbursement required under this rule is in the amount of:
(1)The filing fee paid by the unsuccessful petitioner in excess of the filing fee that would have been payable on that date for a Petition for Probate filed to commence administration of an estate valued at less than $250,000, less
(2)The unpaid amount of any costs or sanctions awarded against the unsuccessful petitioner in favor of the party that sought the personal representative's appointment in the proceeding.
(Subd (b) amended effective March 1, 2008; previously amended effective January 1, 2007.)
(c) When reimbursement payable
The personal representative must make the reimbursement payment required under this rule in cash and in full no later than the date the Inventory and Appraisal (form DE-160/GC-040) is due under Probate Code section 8800(b), including additional time allowed by the court under that provision.
(Subd (c) amended effective March 1, 2008.)
(d) Payment from estate funds
The reimbursement payment under this rule is an authorized expense of administration and may be made from estate funds without a prior court order.
(e) Receipt from unsuccessful petitioner
The unsuccessful petitioner must give a signed receipt for the reimbursement payment made under this rule.
(Subd (e) amended effective March 1, 2008.)
(f) Personal representative's right to claim refund
A personal representative that is required to but fails to make the reimbursement payment under this rule may not claim a refund of the difference between the estimated filing fee and the corrected filing fee under rule 7.552(c).
(g) Petitioner on dismissed Petition for Probate
A petitioner that is eligible to receive a refund of filing fee for a dismissed Petition for Probate under rule 7.552(d) is not an unsuccessful petitioner within the meaning of this rule.
(Subd (g) amended effective March 1, 2008; previously amended effective January 1, 2007.)
Rule 7.151 amended effective March 1, 2008; adopted effective January 1, 2004; previously amended effective January 1, 2007.