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2014 California Rules of Court

Rule 7.552. Graduated filing fee adjustments for estates commenced on or after August 18, 2003, and before January 1, 2008

This rule applies to decedents' estate proceedings commenced on or after August 18, 2003, and before January 1, 2008. Rule 7.553 applies to decedents' estate proceedings commenced on or after January 1, 2008.

(a) Separate schedule for graduated fee information

The final account or report filed in every decedent's estate proceeding commenced on or after August 18, 2003, and before January 1, 2008, must include a separate schedule showing the following information:

(1)The name of each petitioner on the first-filed Petition for Probate (form DE-111) in the proceeding;

(2)The date the first-filed Petition for Probate was filed in the proceeding;

(3)The estimated value of the estate shown in item 3, "estimated value of the estate for filing fee purposes," of the first-filed Petition for Probate in the proceeding;

(4)The filing fee paid by or for the petitioner on the first-filed Petition for Probate in the proceeding; and

(5)The following information from the inventories filed in the proceeding:

(A)The date each partial, supplemental, final, or corrected Inventory and Appraisal (form DE-160/GC-040) was filed;

(B)The total appraised value of the assets of the estate shown in each filed partial, supplemental, or final Inventory and Appraisal;

(C)Changes in the appraised value of the assets of the estate shown in each filed corrected Inventory and Appraisal; and

(D)The combined total appraised value of the estate shown in all filed partial, supplemental, final, and corrected inventories.

(6)A statement of the amount of filing fee that would have been payable under Government Code section 70650, as amended effective on the date the first-filed Petition for Probate was filed in the proceeding, if the total actual appraised value of the estate had been used as the estimated value for filing fee purposes (the "corrected filing fee");

(7)Calculation of the difference between the estimated filing fee paid under Government Code section 70650 on filing the first Petition for Probate in the proceeding (the "estimated filing fee") and the "corrected filing fee," as determined under (6) and subdivision (e) of this rule; and

(8)The following information concerning filing fee reimbursement payments made by a personal representative in the proceeding under rule 7.151:

(A)The amount of each payment;

(B)The date each payment was made; and

(C)The name, address, and telephone number of the payee and of any attorney of record for the payee in the proceeding.

(Subd (a) amended effective March 1, 2008; previously amended effective January 1, 2007.)

(b) If estimated filing fee less than corrected filing fee

If the estimated filing fee is less than the corrected filing fee, as determined under (a) and (e), the petition filed with the final account or report must allege that the difference between them has been paid to the clerk of the court. A copy of the clerk's receipt for the payment, and, if applicable, a receipt or other evidence satisfactory to the court of payment of the reimbursement required under rule 7.151, must be attached as an exhibit to the account or report.

(c) If estimated filing fee more than corrected filing fee

(1)Subject to the provisions of rule 7.151, if the estimated filing fee is more than the corrected filing fee, as determined under (a) and (e), the personal representative of the decedent's estate is eligible under this subdivision to receive a refund of the difference between them, without interest.

(2)The personal representative must apply to the court for the refund, in accordance with the court's local rules and practices for such payments.

(3)Unless authorized to retain a reserve against closing expenses that expressly is to include the court's refund payment after the personal representative's discharge, the personal representative must not apply for a discharge while an application for refund of filing fee under this subdivision is pending and before the court's refund payment is received.

(d) Refund on voluntarily dismissed Petition for Probate

(1)A petitioner that files a Petition for Probate on or after August 18, 2003, and voluntarily dismisses the petition at any time within 90 days after it is filed and before an order granting or denying the petition is filed, is eligible under this subdivision to receive a refund, without interest, of all filing fees paid in excess of the filing fees that would have been payable on the original filing date for a Petition for Probate of an estate valued at less than $250,000.

(2)The petitioner on a dismissed Petition for Probate under (1) must apply to the court for the refund, in accordance with the court's local rules and practices for such payments.

(Subd (d) amended effective March 1, 2008.)

(e) Additional adjustment in corrected filing fee in insolvent estates

If the property of the estate is insufficient to pay the expenses of administration in full, the court may approve a determination of the corrected filing fee that reflects the proportionate reduction of those expenses under Probate Code section 11420. The corrected filing fee may not be reduced below the minimum fee required by Government Code section 70650 on the date the estimated fee was paid.

(Subd (e) amended effective March 1, 2008.)

(f) Sample schedule of graduated fee information

The schedule of graduated fee information required under (a) may be substantially as follows:

SCHEDULE __

Graduated Filing Fee Information

1. The first-filed Petition for Probate in this proceeding was filed on [Date]

by [name of each petitioner].

2. The estimated value of the estate for filing fee purposes shown on the

first-filed Petition for Probate in this proceeding is $______________.

3. The filing fee paid by or for the petitioners on the first-filed Petition for Probate in this proceeding was $_________.

4. The following inventories have been filed in this proceeding:

Type Date Filed Appraised Value
[Partial no. __] [09/30/09] $
[Partial no. __] $
Final $
[Supplemental] $
[Correcting] $ (or $)__________
Total appraised value of estate: $ _______________

5. Corrected Filing Fee:

Total appraised value of estate: $

Filing fee as of the date in 1 above, based on total appraised value of estate: $

Adjustment to reflect proportional reduction of expenses of administration for insolvent estate under Cal. Rules of Court, rule 7.552(e): ($ ______________)

Corrected Filing Fee: $ _______________

6. Difference between estimated and corrected filing fee:

Estimated filing fee from 3 above: $

Corrected filing fee from 5 above: ($ ______________)

Difference: $ (or $) __________

7. Filing fee reimbursements under rule 7.151:

Payee(s) Date Paid Amount
[Name, address, and telephone number of each payee and attorney of record in the proceeding] [10/25/09] $

(Subd (f) amended effective March 1, 2008; previously amended effective January 1, 2007.)

Rule 7.552 amended effective March 1, 2008; adopted effective January 1, 2004; previously amended effective January 1, 2007.

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