Rule 7.553. Graduated filing fee statements for decedents' estates commenced on or after January 1, 2008
This rule applies to decedents' estates commenced on or after January 1, 2008.
(a) Separate schedule for graduated fee information
The final account or report or petition for final distribution filed in every decedent's estate proceeding commenced on or after January 1, 2008, must include a separate schedule showing the following information:
(1)The date the first-filed Petition for Probate (form DE-111) was filed in the proceeding; and
(2)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.
(b) Adjustment in corrected filing fee in insolvent estates
If the property of the estate is insufficient to pay expenses of administration in full, the court may approve a determination of the corrected filing fee under this rule 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 estate was commenced.
(c) Sample schedule of filing fee information
The schedule of graduated fee information required under (a) may be substantially as follows:
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 following inventories have been filed in this proceeding:
|Type||Date Filed||Appraised Value|
|[Partial no. __]||[09/30/09]||$|
|[Partial no. __]||$|
|[Correcting]||$ (or $)__________|
|Total appraised value of estate:||$ _______________|
3. Graduated 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 7.553(b):||($ ______________)|
|Corrected Filing Fee:||$ _______________|
Rule 7.553 adopted effective March 1, 2008.