Estate Planning

Filing Fees Continue to Increase.

By Administrator

Filing fees for the Superior Court of Los Angeles County went up for 2009. You don't always realize how much court fees are until you have to ask your client to pay them. Sometimes the fee are cost-prohibitive and that preparing an estate plan in the first place would have come to the cost of the filing fee!

For example, estate planning for most clients of our firm range from $1,000 to $3,000 depending on the status of the individual, couple, complexity of the wishes and extent of the assets and real estate holdings.

And filing fees to open probate are (in Los Angeles County): $350.00

To open a conservatorship of an adult: $350.00. And you will need to pay for information package for conservators for $20. Plus pay for the conservatorship investigator fee of $479. There are other fees that arise depending on the type of paper filed as well. But for a minimum, to open a conservatorship matter in Los Angeles County -- it costs a whopping $849.00.

And to open a guardianship of a minor: $350. You will also have to pay for guardianship investigation fee of $868. This comes to $1218.00.

If you are married, own a home and have a minor child -- the following could very well occur if no estate plan is in place:

1. Probate of the home;
2. Possible opening of guardianship of the minor to receive life insurance proceeds; and
3. Possible opening of guardianship of the minor's person to determine custody of the child in accordance to the court's discretion if you haven't left your wishes in writing.

So, in that scenario -- it would cost at least $350 to open probate plus another $1218.00 to establish a guardianship.

Of course estate planning is not without its costs either after someone dies, but at least your wishes are in writing and you have avoided some of the attendant costs of having to immediately proceed straight to court. You may also want to consider the emotional cost of having your wishes in writing.

And yes, if you are no longer alive, you won't have to pay these filing fees yourself, but ultimately your estate will.

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Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on March 18, 2009 (boomark / email).