BILL NUMBER: AB 171 CHAPTERED
BILL TEXT
CHAPTER 310
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2008
APPROVED BY GOVERNOR SEPTEMBER 26, 2008
PASSED THE SENATE JULY 10, 2008
PASSED THE ASSEMBLY AUGUST 7, 2008
AMENDED IN SENATE MAY 29, 2008
AMENDED IN SENATE MARCH 26, 2008
AMENDED IN SENATE FEBRUARY 4, 2008
AMENDED IN SENATE AUGUST 20, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 21, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
AMENDED IN ASSEMBLY MARCH 22, 2007
INTRODUCED BY Assembly Member Beall
JANUARY 23, 2007
An act to amend Sections 70650, 70651, 70652, 70657.5, and 70658
of the Government Code, relating to estates and trusts.
LEGISLATIVE COUNSEL'S DIGEST
AB 171, Beall. Estates and trusts.
Existing law establishes a uniform filing fee for petitions or
accounts filed in connection with the administration of an estate or
trust. Existing law establishes a graduated fee based on the size of
the estate or trust.
This bill would eliminate the graduated fee and instead establish
a single uniform filing fee. The bill would also make related
changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70650 of the Government Code is amended to
read:
70650. (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code is three hundred twenty dollars ($320).
(b) The uniform filing fee for the first objections to the probate
of any will or codicil under Section 8250 of the Probate Code, or
the first petition for revocation of probate of any will or codicil
under Section 8270 of the Probate Code, is three hundred twenty
dollars ($320). The uniform filing fee for the first petition for
special letters of administration without the powers of a general
personal representative is the fee provided in Section 70657.5. Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (c) filed by the same person, only the fee provided in
subdivision (c) shall be charged to that person.
(c) A fee of three hundred twenty dollars ($320) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) in the same proceeding by a person other
than the original petitioner or contestant. The same fee as provided
in subdivision (b) shall be charged for filing each subsequent
petition or objections of a type described in that subdivision in the
same proceeding by a person other than the original petitioner or
contestant.
(d) Notwithstanding Section 70658.5, if a petition for special
letters of administration without the powers of a general personal
representative is filed together with a petition for appointment of
an administrator with general powers under subdivision (a) or
subdivision (c) by the same person, the person filing the petitions
shall be charged the applicable filing fees for both petitions.
(e) The filing fee charged under this section shall be distributed
as provided in Section 68085.3.
SEC. 2. Section 70651 of the Government Code is amended to read:
70651. (a) The uniform filing fee for objections or any other
paper in opposition to a petition described in subdivision (a) of
Section 70650, other than a petition described in subdivision (c) of
Section 70650, is three hundred twenty dollars ($320). If objections
or any other paper in opposition are filed together with a petition
described in subdivision (c) of Section 70650 by the same person,
only the fee provided in subdivision (c) of Section 70650 shall be
charged to that person.
(b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 3. Section 70652 of the Government Code is amended to read:
70652. (a) The uniform filing fee for each petition concerning
the internal affairs of a trust under Chapter 3 (commencing with
Section 17200) of Part 5 of Division 9 of the Probate Code, or a
first account of a trustee of a testamentary trust that is subject to
the continuing jurisdiction of the court pursuant to Chapter 4
(commencing with Section 17300) of Part 5 of Division 9 of the
Probate Code is three hundred twenty dollars ($320).
(b) The uniform filing fee for each paper filed in opposition to a
petition or first account of a trustee of a testamentary trust under
subdivision (a) is three hundred twenty dollars ($320).
(c) To avoid hardship, or for other good cause, the court may
direct the clerk of the court to refund all or any part of a filing
fee paid under this section.
(d) This section does not apply to petitions or opposition filed
concerning trusts created by court order under Article 10 (commencing
with Section 2580) of Chapter 6 of Part 3 of Division 4 of the
Probate Code, Article 1 (commencing with Section 3100) of Chapter 3
of Part 6 of Division 4 of the Probate Code, Article 1 (commencing
with Section 3600) of Chapter 4 of Part 8 of Division 4 of the
Probate Code.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 4. Section 70657.5 of the Government Code is amended to read:
70657.5. (a) The uniform fee for filing the following petitions
or applications, and objections or other opposition, is forty dollars
($40):
(1) Petitions or applications, or opposition, concerning the
internal affairs of a trust that are not subject to the filing fees
provided in Section 70650, 70651, or 70652.
(2) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
(3) Petitions or applications, or objections, filed subsequent to
issuance of special letters of administration or letters testamentary
or of administration in decedent's estate proceedings that are not
subject to the filing fee provided in subdivision (a) of Section
70658.
(4) The first or subsequent petition for special letters of
administration without the powers of a general personal
representative.
(5) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
(b) No fee is payable under this section for any of the following:
(1) A petition or opposition filed subsequent to issuance of
letters of temporary guardianship or letters of guardianship in a
guardianship described in Section 70654.
(2) A disclaimer of an interest in a decedent's estate.
SEC. 5. Section 70658 of the Government Code is amended to read:
70658. (a) Except as provided in subdivision (c), the uniform fee
for filing a petition or application, or objections or any other
paper in opposition to a petition or application listed in this
subdivision, filed after issuance of letters testamentary, letters of
administration, letters of special administration to a personal
representative of a decedent's estate, or letters of guardianship or
conservatorship, or letters of temporary guardianship or
conservatorship to a guardian or conservator, is one hundred eighty
dollars ($180). This section shall apply to the following petitions
or applications, or opposition:
(1) Petition or application for or opposition to an order
directing, authorizing, approving, or confirming the sale, lease,
encumbrance, grant of an option, purchase, conveyance, or exchange of
property.
(2) Petition or application for or opposition to an order settling
an account of a fiduciary.
(3) Petition or application for or opposition to an order
authorizing, instructing, or directing a fiduciary, or approving or
confirming the acts of a fiduciary.
(4) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of an attorney.
(5) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of a fiduciary.
(6) Petition or application for or opposition to an order
surcharging or removing a fiduciary.
(7) Petition or application for or opposition to an order
transferring or authorizing the transfer of the property of an estate
to a fiduciary in another jurisdiction.
(8) Petition or application for or opposition to an order allowing
a fiduciary's request to resign.
(9) Petition or application for or opposition to an order
adjudicating the merits of a claim made under Part 19 (commencing
with Section 850) of Division 2 of the Probate Code.
(10) Petition or application for or opposition to an order
granting permission to fix the residence of a ward or conservatee at
a place not within this state.
(11) Petition or application for or opposition to an order
directing, authorizing, approving, or modifying payments for support,
maintenance, or education of a ward or conservatee or for a person
entitled to support, maintenance, or education from a ward or
conservatee.
(12) Petition or application for or opposition to an order
granting or denying a request under Section 2423, concerning payment
of surplus income to the relatives of a conservatee, or Section 2580,
concerning substituted judgment, of the Probate Code.
(13) Petition or application for or opposition to an order
affecting the legal capacity of a conservatee pursuant to Chapter 4
(commencing with Section 1870) of Part 3 of Division 4 of the Probate
Code.
(14) Petition or application for or opposition to an order
adjudicating the merits of a claim under Article 5 (commencing with
Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate
Code.
(b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.4. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
(c) The fee provided in this section shall not be charged for
filing any of the following papers:
(1) A petition or application, or opposition, in a guardianship
proceeding under Section 70654.
(2) A disclaimer of an interest in a decedent's estate.