Estate Planning

Initial Probate Filing Fees Changed for 2008.

By Jennifer Sawday

The filing fee paid directly to the court to open a probate case (e.g., file a petition for probate) has been modified in 2008.

The filing fee is based on the value of the estate as it will be inventoried to the court.

The initial filing fee is now $320.00 for probate matters.

Before the filing fee was based on the estimated value of the inventory and was payable at the time the petition for probate was filed.  The filing fee schedule is set by California Government Code Section 70650 et. seq.

For example:

The fee is $320.00 for estates or trusts under $250,000;
the fee is $385.00 for estates or trusts of at least $250,000 and less $500,000;
the fee is $485.00 for estates or trusts of at least $500,000 and less than $750,000;
the fee is $635.00 for estates or trusts of at least $750,000 and less $1,000,000;
And so on ...

Now, the fee to file a petition for probate is $320.00 and when the estate closes the estate then pays the graduated filing fee amount based on the actual final inventory prepared during the probate.

So if the estate ultimately comes to $501,000, the total filing fee is $485.00 and since $320.00 has been paid initially, the estate will pay directly to the court clerk an additional $165.00 before the court will order the estate closed. This is a good thing because usually at the outset the heirs or beneficiaries of the estate tend to have little or no cash to pay for these filing fees and can pay these fees directly from the estate at the time it closes.

And in case you are wondering, attorneys fees and personal representative fees are also set by statute and payable when the estate closes.

Full post as published by Estate Planning Practice Blog on January 17, 2008 (boomark / email).