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2014 California Rules of Court

Rule 7.705. Calculation of statutory compensation

(a) Account filed

A petition for statutory commissions or attorney fees must state the amount of statutory compensation payable and set forth the estate accounted for and the calculation of statutory compensation. The calculation must be stated in the petition in substantially the following form:

COMMISSION OR FEE BASE

Inventory and Appraisal $_______________
Receipts, Excluding Principal $_______________
Gains on Sales $_______________
Losses on Sales $(______________)
TOTAL COMMISSION OR FEE BASE $ ________________

COMMISSION OR FEE COMPUTATION

4% on first $100,000 ($___________)1 $_______________2
3% on next $100,000 ($___________) $_______________
2% on next $800,000 ($___________) $_______________
1% on next $9,000,000 ($___________) $_______________
1/2 of 1% on next $15,000,000 ($___________) $_______________
Amount requested from the court for estates above $25,000,000 ($___________) $_______________
TOTAL COMMISSION OR FEE $_______________3

1. Enter in this column the amount of the estate accounted for in each category. The sum of the entries in this column would equal the total commission or fee base.

2. Enter in this column the product of the amount of the estate accounted for in each category multiplied by the percentage for that category.

3. Enter here the sum of the products entered in this column.

(b) Account waived

When an account has been waived, the report must contain the information required by rule 7.550. If the report is accompanied by a request for statutory commissions or fees, the basis for their computation must be included in the petition substantially in the form provided in (a). Notwithstanding the waiver of account, if the petition and report requests statutory commissions or fees based on any amount other than the amount of the Inventory and Appraisal, detailed schedules of receipts and gains and losses on sales must be included.

Rule 7.705 adopted effective January 1, 2003.

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