BILL NUMBER: SB 1177 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2008
PASSED THE ASSEMBLY AUGUST 25, 2008
AMENDED IN ASSEMBLY AUGUST 15, 2008
AMENDED IN SENATE APRIL 10, 2008
INTRODUCED BY Senator Ridley-Thomas
FEBRUARY 8, 2008
An act to amend Section 470.5 of the Business and Professions
Code, to amend Sections 68085.3, 68085.4, 68086.1, 70611, 70612,
70613, 70614, 70621, 70650, 70651, 70652, 70653, 70654, 70655, 70656,
70658, and 70670 of the Government Code, to amend Section 103470 of
the Health and Safety Code, and to amend Section 7660 of the Probate
Code, relating to the courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1177, Ridley-Thomas. Court fees.
(1) Existing law requires the Administrative Office of the Courts
to make monthly distributions from superior court filing fees for the
support of specified dispute resolution programs established by
counties. Existing law authorizes a county receiving a distribution
to increase the amount of that distribution and limits the amount to
be distributed to no more than $8 per filing fee.
This bill would instead limit the amount to be distributed to $13
per filing fee.
(2) Existing law specifies various uniform fees for filing
specified documents in connection with certain civil proceedings,
including filing the first paper in a limited civil case. Existing
law specifies the disposition of those fees, including for the
support of the county law library fund and the dispute resolution
programs described in (1), and to the State Court Facilities
Construction Fund.
This bill would increase those fees by $5, and would make other
conforming changes.
(3) This bill would incorporate additional changes in Sections
68085.3, 68085.4, 68086.1, 70611, 70612, 70613, 70614, 70621, 70653,
70654, 70655, 70656, and 70670 of the Government Code, Section 103470
of the Health and Safety Code, and Section 7660 of the Probate Code,
proposed by SB 1407, to be operative if SB 1407 and this bill are
both chaptered and become effective on or before January 1, 2009, and
this bill is chaptered last.
(4) This bill would incorporate additional changes in Sections
70650, 70651, 70652, and 70658 of the Government Code proposed by SB
1407 and AB 171, to be operative if this bill and one or both of the
other bills are chaptered and become effective on or before January
1, 2009, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 470.5 of the Business and Professions Code is
amended to read:
470.5. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees for the support of dispute resolution programs under this
chapter in each county that has acted to establish a program. The
amount distributed in each county shall be equal to the following:
(1) From each first paper filing fee collected by the court as
provided under Section 70611 or 70612, subdivision (a) of Section
70613, subdivision (a) of Section 70614, or Section 70670 of the
Government Code, and each first paper or petition filing fee
collected by the court in a probate matter as provided under Section
70650, 70651, 70652, 70653, or 70655 of the Government Code, the same
amount as was required to be collected for the support of dispute
resolution programs in that county as of December 31, 2005, when a
fee was collected for the filing of a first paper in a civil action
under Section 26820.4 of the Government Code.
(2) From each first paper filing fee in a limited civil case
collected by the court as provided under subdivision (b) of Section
70613 or subdivision (b) of Section 70614 of the Government Code, and
each first paper or petition filing fee collected by the court in a
probate matter as provided under Section 70654, 70656, or 70658 of
the Government Code, the same amount as was required to be collected
for the support of dispute resolution programs in that county as of
December 31, 2005, when a fee was collected for the filing of a first
paper in a civil action under Section 72055 of the Government Code
where the amount demanded, excluding attorney's fees and costs, was
ten thousand dollars ($10,000) or less.
(b) Distributions under this section shall be used only for the
support of dispute resolution programs authorized by this chapter.
The county shall deposit the amounts distributed under this section
in an account created and maintained for this purpose by the county.
Records of these distributions shall be available for inspection by
the public upon request.
(c) After January 1, 2006, a county that does not already have a
distribution from superior court filing fees under this section and
that establishes a dispute resolution program authorized by this
chapter may approve a distribution under this section. A county that
already has a distribution under this section may change the amount
of the distribution. The total amount to be distributed for the
support of dispute resolution programs under this section may not
exceed thirteen dollars ($13) per filing fee.
(d) The county may make changes under subdivision (c) to be
effective January 1 or July 1 of any year, on and after January 1,
2006. The county shall provide the Administrative Office of the
Courts with a copy of the action of the board of supervisors that
establishes the change at least 15 days before the date that the
change goes into effect.
SEC. 2. Section 68085.3 of the Government Code is amended to read:
68085.3. (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, and 70670 shall be deposited in a bank
account established by the Administrative Office of the Courts for
deposit of fees collected by the courts.
(b) For each three-hundred-twenty-five-dollar ($325) fee listed in
subdivision (a), and each fee listed in paragraphs (2) to (9),
inclusive, of subdivision (a) of Section 70650, the Administrative
Office of the Courts shall distribute specified amounts in each
county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-twenty-five-dollar ($325) fee listed in subdivision
(a), and each fee listed in paragraphs (2) to (9), inclusive, of
subdivision (a) of Section 70650, the Controller shall make deposits
as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
thirty-five dollars ($35).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 2.5. Section 68085.3 of the Government Code is amended to
read:
68085.3. (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, 70658, and 70670 shall be deposited in a
bank account established by the Administrative Office of the Courts
for deposit of fees collected by the courts.
(b) For each three-hundred-fifty-five-dollar ($355) fee listed in
subdivision (a) the Administrative Office of the Courts shall
distribute specified amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-fifty-five-dollar ($355) fee listed in subdivision (a)
the Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
thirty-five dollars ($35).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5, thirty
dollars ($30), unless the fee is collected under Section 70658, in
which case the amount distributed to that fund shall be one hundred
seventy dollars ($170).
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 3. Section 68085.4 of the Government Code is amended to read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70621,
70654, 70656, and 70658 of this code, Section 103470 of the Health
and Safety Code, and Section 7660 of the Probate Code, shall be
deposited in a bank account established by the Administrative Office
of the Courts for deposit of fees collected by the courts.
(b) For each three-hundred-five-dollar ($305) fee and each
one-hundred-eighty-five-dollar ($185) fee listed in subdivision (a),
the Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-five-dollar ($305) fee and each
one-hundred-eighty-five-dollar ($185) fee listed in subdivision (a),
the Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred five dollars
($305), and twenty dollars ($20) if the fee is one hundred
eighty-five dollars ($185).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 3.5. Section 68085.4 of the Government Code is amended to
read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70621,
70654, and 70656 of this code, Section 103470 of the Health and
Safety Code, and Section 7660 of the Probate Code shall be deposited
in a bank account established by the Administrative Office of the
Courts for deposit of fees collected by the courts.
(b) For each three-hundred-thirty-dollar ($330) fee and each
two-hundred-five-dollar ($205) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-thirty-dollar ($330) fee and each
two-hundred-five-dollar ($205) fee listed in subdivision (a), the
Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred thirty dollars
($330), and twenty dollars ($20) if the fee is two hundred five
dollars ($205).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5,
twenty-five dollars ($25) if the fee is three hundred thirty dollars
($330), and twenty dollars ($20) if the fee is two hundred five
dollars ($205), except as otherwise provided in Section 6322.1 of the
Business and Professions Code.
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 4. Section 68086.1 of the Government Code is amended to read:
68086.1. (a) Commencing January 1, 2006, for each
three-hundred-twenty-five-dollar ($325) fee collected under Section
70611, 70612, or 70670, twenty-five dollars ($25) of the amount
distributed to the Trial Court Trust Fund shall be used for services
of an official court reporter in civil proceedings.
(b) Commencing January 1, 2006, for each three-hundred-five-dollar
($305) fee collected under subdivision (a) of Section 70613 or
subdivision (a) of Section 70614, twenty-five dollars ($25) of the
amount distributed to the Trial Court Trust Fund shall be used for
services of an official court reporter in civil proceedings.
(c) It is the intent of the Legislature, in approving the
twenty-five-dollar ($25) distribution out of each filing fee listed
in subdivisions (a) and (b), to continue an incentive to courts to
use the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial Council's
authority to allocate these revenues to replace reductions in the
General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 4.5. Section 68086.1 of the Government Code is amended to
read:
68086.1. (a) Commencing January 1, 2006, for each
three-hundred-fifty-five-dollar ($355) fee collected under Section
70611, 70612, or 70670, twenty-five dollars ($25) of the amount
distributed to the Trial Court Trust Fund shall be used for services
of an official court reporter in civil proceedings.
(b) Commencing January 1, 2006, for each
three-hundred-thirty-dollar ($330) fee collected under subdivision
(a) of Section 70613 or subdivision (a) of Section 70614, twenty-five
dollars ($25) of the amount distributed to the Trial Court Trust
Fund shall be used for services of an official court reporter in
civil proceedings.
(c) It is the intent of the Legislature, in approving the
twenty-five-dollar ($25) distribution out of each filing fee listed
in subdivisions (a) and (b), to continue an incentive to courts to
use the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial Council's
authority to allocate these revenues to replace reductions in the
General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 5. Section 70611 of the Government Code is amended to read:
70611. The uniform fee for filing the first paper in a civil
action or proceeding in the superior court, other than in a limited
civil case, an adoption proceeding, a proceeding under the Probate
Code, or a proceeding under the Family Code, is three hundred
twenty-five dollars ($325). The fee shall be distributed as provided
in Section 68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 5.5. Section 70611 of the Government Code is amended to read:
70611. The uniform fee for filing the first paper in a civil
action or proceeding in the superior court, other than in a limited
civil case, an adoption proceeding, a proceeding under the Probate
Code, or a proceeding under the Family Code, is three hundred
fifty-five dollars ($355). The fee shall be distributed as provided
in Section 68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 6. Section 70612 of the Government Code is amended to read:
70612. (a) The uniform fee for filing the first paper in the
action or proceeding described in Section 70611 on behalf of any
defendant, intervenor, respondent, or adverse party, whether
separately or jointly, except for the purpose of making disclaimer,
is three hundred twenty-five dollars ($325). The fee shall be
distributed as provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
SEC. 6.5. Section 70612 of the Government Code is amended to read:
70612. (a) The uniform fee for filing the first paper in the
action or proceeding described in Section 70611 on behalf of any
defendant, intervenor, respondent, or adverse party, whether
separately or jointly, except for the purpose of making disclaimer,
is three hundred fifty-five dollars ($355). The fee shall be
distributed as provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
SEC. 7. Section 70613 of the Government Code is amended to read:
70613. (a) The uniform fee for filing the first paper in a
limited civil case is three hundred five dollars ($305), except as
provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is one hundred eighty-five dollars
($185). The first page of the first paper shall state whether the
amount demanded exceeds or does not exceed ten thousand dollars
($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
SEC. 7.5. Section 70613 of the Government Code is amended to read:
70613. (a) The uniform fee for filing the first paper in a
limited civil case is three hundred thirty dollars ($330), except as
provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
The first page of the first paper shall state whether the amount
demanded exceeds or does not exceed ten thousand dollars ($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
SEC. 8. Section 70614 of the Government Code is amended to read:
70614. (a) The uniform fee for filing the first paper in a
limited civil case on behalf of any party other than a plaintiff is
three hundred five dollars ($305), except as provided in subdivision
(b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is one hundred eighty-five dollars
($185).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
SEC. 8.5. Section 70614 of the Government Code is amended to read:
70614. (a) The uniform fee for filing the first paper in a
limited civil case on behalf of any party other than a plaintiff is
three hundred thirty dollars ($330), except as provided in
subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
SEC. 9. Section 70621 of the Government Code is amended to read:
70621. (a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred five dollars ($305), except as provided in subdivision
(b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred five dollars ($305), except as provided in subdivision (b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is one hundred
eighty-five dollars ($185).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
SEC. 9.5. Section 70621 of the Government Code is amended to read:
70621. (a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred thirty dollars ($330), except as provided in
subdivision (b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred thirty dollars ($330), except as provided in subdivision
(b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is two hundred five
dollars ($205).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
SEC. 10. 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, 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, as follows:
(1) Three hundred twenty-five dollars ($325) for estates or trusts
under two hundred fifty thousand dollars ($250,000).
(2) Three hundred eighty-five dollars ($385) for estates or trusts
of at least two hundred fifty thousand dollars ($250,000) and less
than five hundred thousand dollars ($500,000).
(3) Four hundred eighty-five dollars ($485) for estates or trusts
of at least five hundred thousand dollars ($500,000) and less than
seven hundred fifty thousand dollars ($750,000).
(4) Six hundred thirty-five dollars ($635) for estates or trusts
of at least seven hundred fifty thousand dollars ($750,000) and less
than one million dollars ($1,000,000).
(5) One thousand one hundred thirty-five dollars ($1,135) for
estates or trusts of at least one million dollars ($1,000,000) and
less than one million five hundred thousand dollars ($1,500,000).
(6) Two thousand one hundred thirty-five dollars ($2,135) for
estates or trusts of at least one million five hundred thousand
dollars ($1,500,000) and less than two million dollars ($2,000,000).
(7) Two thousand six hundred thirty-five dollars ($2,635) for
estates or trusts of at least two million dollars ($2,000,000) and
less than two million five hundred thousand dollars ($2,500,000).
(8) Three thousand six hundred thirty-five dollars ($3,635) for
estates or trusts of at least two million five hundred thousand
dollars ($2,500,000) and less than three million five hundred
thousand dollars ($3,500,000).
(9) Three thousand six hundred thirty-five dollars ($3,635) plus
0.2 percent of the amount over three million five hundred thousand
dollars ($3,500,000) for estates or trusts of three million five
hundred thousand dollars ($3,500,000) or more.
(b) The full uniform filing fee for a petition for letters in a
decedent's estate or the first account of a trustee under subdivision
(a) shall be determined
based on the final appraised value of the estate without reference to
encumbrances or other obligations on estate property, or the value
of the trust shown in the first account, and is payable as follows:
(1) The petitioner for letters under subdivision (a) shall pay the
sum of three hundred twenty-five dollars ($325) at the time of
filing the petition.
(2) In a decedent's estate under subdivision (a), the balance of
the uniform filing fee, if any, shall be paid by the general personal
representative of the estate no later than the date the general
personal representative files its final account or report and
petition for settlement or for final distribution, under rules
adopted by the Judicial Council, without regard to whether the
representative was appointed by the court on a petition under
subdivision (a) or a petition under subdivision (d).
(3) The full uniform filing fee for a trust under subdivision (a)
shall be paid when the first account is filed.
(c) 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-five
dollars ($325). 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 (d) filed by the same person, only the fee provided in
subdivision (d) shall be charged to that person.
(d) A fee of three hundred twenty-five dollars ($325) 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 (c) 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.
(e) 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 (d) by the same person, the person filing the petitions
shall be charged the applicable filing fees for both petitions.
(f) The first three hundred twenty-five dollars ($325) of the
filing fee charged under this section shall be distributed as
provided in Section 68085.3. The remainder shall be distributed to
the Trial Court Trust Fund.
SEC. 10.1. 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 fifty-five dollars ($355).
(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 fifty-five
dollars ($355). 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 fifty-five dollars ($355) 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 is filed together with a petition for
letters of administration or letters testamentary under subdivision
(a) or (c) by the same person, the person filing the petitions shall
be charged the applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 10.2. 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-five dollars ($325).
(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-five
dollars ($325). 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-five dollars ($325) 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. 11. 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 or account described in subdivision
(a) of Section 70650, other than a petition described in subdivision
(d) of Section 70650, is three hundred twenty-five dollars ($325).
If objections or any other paper in opposition are filed together
with a petition described in subdivision (d) of Section 70650 by the
same person, only the fee provided in subdivision (d) 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. 11.1. 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 fifty-five dollars ($355). 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. 11.2. 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-five dollars ($325). 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. 12. 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, is three
hundred twenty-five dollars ($325).
(b) The uniform filing fee for each paper filed in opposition to a
petition under subdivision (a) is three hundred twenty-five dollars
($325).
(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, or first accounts or opposition to first accounts of
testamentary trustees described in Sections 70650 and 70651.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 12.1. 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 fifty-five dollars ($355).
(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 fifty-five dollars ($355).
(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. 12.2. 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-five dollars ($325).
(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-five dollars ($325).
(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. 13. Section 70653 of the Government Code is amended to read:
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred twenty-five dollars
($325).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred twenty-five dollars ($325).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
SEC. 13.5. Section 70653 of the Government Code is amended to
read:
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred fifty-five dollars
($355).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred fifty-five dollars ($355).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
SEC. 14. Section 70654 of the Government Code is amended to read:
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is one hundred eighty-five dollars
($185).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is one hundred eighty-five dollars ($185).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
SEC. 14.5. Section 70654 of the Government Code is amended to
read:
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is two hundred five dollars ($205).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is two hundred five dollars ($205).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
SEC. 15. Section 70655 of the Government Code is amended to read:
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred twenty-five dollars ($325).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
twenty-five dollars ($325).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
(10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 15.5. Section 70655 of the Government Code is amended to
read:
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred fifty-five dollars ($355).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
fifty-five dollars ($355).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
(10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 16. Section 70656 of the Government Code is amended to read:
70656. (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is one hundred eighty-five dollars ($185).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is one hundred
eighty-five dollars ($185).
(c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(e) Except as provided in subdivision (c), 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.
SEC. 16.5. Section 70656 of the Government Code is amended to
read:
70656. (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is two hundred five dollars ($205).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is two hundred
five dollars ($205).
(c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(e) Except as provided in subdivision (c), 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.
SEC. 17. Section 70658 of the Government Code is amended to read:
70658. (a) Except as provided in subdivisions (c) and (d), 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-five dollars ($185). 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.
(d) The fee provided in this section shall not be charged to a
personal representative of a decedent's estate in a proceeding
commenced on or after August 18, 2003, for any petition or
application filed in the proceeding by the personal representative
concerning any of the following actions:
(1) Allowance of the personal representative's compensation.
(2) Allowance of the compensation for the attorney for the
personal representative.
(3) Settlement of accounts.
(4) Preliminary and final distributions and discharge.
(5) Sale of property of the estate to the personal representative
or to the attorney for the personal representative.
(6) Exchange of property of the estate for property of the
personal representative or property of the attorney for the personal
representative.
(7) Grant of an option to purchase property of the estate to the
personal representative or to the attorney for the personal
representative.
(8) Allowance, payment, or compromise of a claim of the personal
representative, or the attorney for the personal representative,
against the estate.
(9) Compromise or settlement of a claim, action, or proceeding by
the estate against the personal representative or the attorney for
the personal representative.
(10) Extension, renewal, or modification of the terms of a debt or
other obligation of the personal representative or the attorney for
the personal representative owing to or in favor of the decedent or
the estate.
(11) Sale, exchange, or grant of an option to purchase real
property.
(12) Borrowing money with the loan secured by an encumbrance on
real property.
SEC. 17.1. 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 three hundred
fifty-five dollars ($355). 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 68085.3. 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.
(d) One hundred seventy dollars ($170) of each
three-hundred-fifty-five-dollar ($355) fee collected under this
section shall be transmitted to the Controller for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5.
SEC. 17.2. 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-five dollars ($185). 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.
SEC. 18. Section 70670 of the Government Code is amended to read:
70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred twenty-five dollars ($325). The fee shall
be distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred twenty-five dollars ($325). The fee
shall be distributed as provided in Section 68085.3, except that two
dollars ($2) of the funds that would otherwise be distributed to the
Trial Court Trust Fund shall be transmitted to the Treasurer for
deposit in the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred twenty-five dollars ($325). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred twenty-five dollars ($325). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.
SEC. 18.5. Section 70670 of the Government Code is amended to
read:
70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3, except that two
dollars ($2) of the funds that would otherwise be distributed to the
Trial Court Trust Fund shall be transmitted to the Treasurer for
deposit in the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.
SEC. 19. Section 103470 of the Health and Safety Code is amended
to read:
103470. The fee for filing the petition is one hundred
eighty-five dollars ($185). This fee shall be distributed as provided
in Section 68085.4 of the Government Code. The petition may be heard
by any judge hearing probate matters, or if a probate department has
been designated for hearing probate matters, the matter shall be
assigned to the probate department for hearing.
SEC. 19.5. Section 103470 of the Health and Safety Code is amended
to read:
103470. The fee for filing the petition is two hundred five
dollars ($205). This fee shall be distributed as provided in Section
68085.4 of the Government Code. The petition may be heard by any
judge hearing probate matters, or if a probate department has been
designated for hearing probate matters, the matter shall be assigned
to the probate department for hearing.
SEC. 20. Section 7660 of the Probate Code is amended to read:
7660. (a) If a public administrator takes possession or control
of an estate pursuant to this chapter, the public administrator may,
acting as personal representative of the estate, summarily dispose of
the estate in the manner provided in this article in either of the
following circumstances:
(1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100. The authority
provided by this paragraph may be exercised only upon order of the
court. The order may be made upon ex parte application. The fee to be
allowed to the clerk for the filing of the application is one
hundred eighty-five dollars ($185). The authority for this summary
administration of the estate shall be evidenced by a court order for
summary disposition.
(2) The total value of the property in the decedent's estate does
not exceed thirty thousand dollars ($30,000). The authority provided
by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose
of property of a decedent pursuant to this paragraph may issue a
written certification of Authority for Summary Administration. The
written certification is effective for 30 days after the date of
issuance.
(B) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification of Authority for Summary
Administration and without court order or letters being issued do all
of the following:
(i) Provide the public administrator complete information
concerning any property held in the name of the decedent, including
the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box
or storage facility rented in the name of the decedent for the
purpose of inspection and removal of property of the decedent. Costs
and expenses incurred in accessing a safe-deposit box or storage
facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the
decedent that is held or controlled by the financial institution,
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person.
(C) Receipt by a financial institution, government or private
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person of the written certification
provided by this article shall do both of the following:
(i) Constitute sufficient acquittance for providing information or
granting access to a safe-deposit box or a storage facility and for
surrendering any property of the decedent.
(ii) Fully discharge the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from liability for any
act or omission of the public administrator with respect to the
property, a safe-deposit box, or a storage facility.
(b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
(c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
(d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
(e) If a public administrator takes possession or control of an
estate pursuant to this chapter, this article conveys the authority
of a personal representative as described in Section 9650 to the
public administrator to summarily dispose of the estates pursuant to
the procedures described in paragraphs (1) and (2) of subdivision
(a).
(f) The fee charged under paragraph (1) of subdivision (a) shall
be distributed as provided in Section 68085.4 of the Government Code.
When an application is filed under that paragraph, no other fees
shall be charged in addition to the uniform filing fee provided for
in Section 68085.4 of the Government Code.
SEC. 20.5. Section 7660 of the Probate Code is amended to read:
7660. (a) If a public administrator takes possession or control
of an estate pursuant to this chapter, the public administrator may,
acting as personal representative of the estate, summarily dispose of
the estate in the manner provided in this article in either of the
following circumstances:
(1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100. The authority
provided by this paragraph may be exercised only upon order of the
court. The order may be made upon ex parte application. The fee to be
allowed to the clerk for the filing of the application is two
hundred five dollars ($205). The authority for this summary
administration of the estate shall be evidenced by a court order for
summary disposition.
(2) The total value of the property in the decedent's estate does
not exceed thirty thousand dollars ($30,000). The authority provided
by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose
of property of a decedent pursuant to this paragraph may issue a
written certification of Authority for Summary Administration. The
written certification is effective for 30 days after the date of
issuance.
(B) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification of Authority for Summary
Administration and without court order or letters being issued do all
of the following:
(i) Provide the public administrator complete information
concerning any property held in the name of the decedent, including
the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box
or storage facility rented in the name of the decedent for the
purpose of inspection and removal of property of the decedent. Costs
and expenses incurred in accessing a safe-deposit box or storage
facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the
decedent that is held or controlled by the financial institution,
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person.
(C) Receipt by a financial institution, government or private
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person of the written certification
provided by this article shall do both of the following:
(i) Constitute sufficient acquittance for providing information or
granting access to a safe-deposit box or a storage facility and for
surrendering any property of the decedent.
(ii) Fully discharge the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from liability for any
act or omission of the public administrator with respect to the
property, a safe-deposit box, or a storage facility.
(b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
(c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
(d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
(e) If a public administrator takes possession or control of an
estate pursuant to this chapter, this article conveys the authority
of a personal representative as described in Section 9650 to the
public administrator to summarily dispose of the estates pursuant to
the procedures described in paragraphs (1) and (2) of subdivision
(a).
(f) The fee charged under paragraph (1) of subdivision (a) shall
be distributed as provided in Section 68085.4 of the Government Code.
When an application is filed under that paragraph, no other fees
shall be charged in addition to the uniform filing fee provided for
in Section 68085.4 of the Government Code.
SEC. 21. Section 2.5 of this bill incorporates amendments to
Section 68085.3 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 68085.3 of the Government Code, and (3) this bill
is enacted after SB 1407, in which case Section 2 of this bill shall
not become operative.
SEC. 22. Section 3.5 of this bill incorporates amendments to
Section 68085.4 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 68085.4 of the Government Code, and (3) this bill
is enacted after SB 1407, in which case Section 3 of this bill shall
not become operative.
SEC. 23. Section 4.5 of this bill incorporates amendments to
Section 68086.1 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 68086.1 of the Government Code, and (3) this bill
is enacted after SB 1407, in which case Section 4 of this bill shall
not become operative.
SEC. 24. Section 5.5 of this bill incorporates amendments to
Section 70611 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70611 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 5 of this bill shall not
become operative.
SEC. 25. Section 6.5 of this bill incorporates amendments to
Section 70612 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70612 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 6 of this bill shall not
become operative.
SEC. 26. Section 7.5 of this bill incorporates amendments to
Section 70613 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70613 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 7 of this bill shall not
become operative.
SEC. 27. Section 8.5 of this bill incorporates amendments to
Section 70614 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2)
each bill amends Section 70614 of the
Government Code, and (3) this bill is enacted after SB 1407, in
which case Section 8 of this bill shall not become operative.
SEC. 28. Section 9.5 of this bill incorporates amendments to
Section 70621 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70621 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 9 of this bill shall not
become operative.
SEC. 29. (a) Section 10.1 of this bill incorporates amendments to
Section 70650 of the Government Code proposed by both this bill and
SB 1407. It also includes all of the amendments to Section 70650 of
the Government Code proposed by AB 171. It shall only become
operative if (1) this bill and SB 1407 are enacted and become
effective on or before January 1, 2009, (2) each bill amends Section
70650 of the Government Code, and (3) this bill is enacted after SB
1407, in which case Sections 10 and 10.2 of this bill shall not
become operative.
(b) Section 10.2 of this bill incorporates amendments to Section
70650 of the Government Code proposed by both this bill and AB 171.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2009, (2) each bill amends
Section 70650 of the Government Code, (3) SB 1407 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after AB 171 in which case Sections 10 and 10.1 of this bill shall
not become operative.
SEC. 30. (a) Section 11.1 of this bill incorporates amendments to
Section 70651 of the Government Code proposed by both this bill and
SB 1407. It also includes all of the amendments to Section 70651 of
the Government Code proposed by AB 171. It shall only become
operative if (1) this bill and SB 1407 are enacted and become
effective on or before January 1, 2009, (2) each bill amends Section
70651 of the Government Code, and (3) this bill is enacted after SB
1407, in which case Sections 11 and 11.2 of this bill shall not
become operative.
(b) Section 11.2 of this bill incorporates amendments to Section
70651 of the Government Code proposed by both this bill and AB 171.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2009, (2) each bill amends
Section 70651 of the Government Code, (3) SB 1407 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after AB 171 in which case Sections 11 and 11.1 of this bill shall
not become operative.
SEC. 31. (a) Section 12.1 of this bill incorporates amendments to
Section 70652 of the Government Code proposed by both this bill and
SB 1407. It also includes all of the amendments to Section 70652 of
the Government Code proposed by AB 171. It shall only become
operative if (1) this bill and SB 1407 are enacted and become
effective on or before January 1, 2009, (2) each bill amends Section
70652 of the Government Code, and (3) this bill is enacted after SB
1407, in which case Sections 12 and 12.2 of this bill shall not
become operative.
(b) Section 12.2 of this bill incorporates amendments to Section
70652 of the Government Code proposed by both this bill and AB 171.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2009, (2) each bill amends
Section 70652 of the Government Code, (3) SB 1407 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after AB 171 in which case Sections 12 and 12.1 of this bill shall
not become operative.
SEC. 32. Section 13.5 of this bill incorporates amendments to
Section 70653 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70653 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 13 of this bill shall
not become operative.
SEC. 33. Section 14.5 of this bill incorporates amendments to
Section 70654 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70654 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 14 of this bill shall
not become operative.
SEC. 34. Section 15.5 of this bill incorporates amendments to
Section 70655 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70655 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 15 of this bill shall
not become operative.
SEC. 35. Section 16.5 of this bill incorporates amendments to
Section 70656 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70656 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 16 of this bill shall
not become operative.
SEC. 36. (a) Section 17.1 of this bill incorporates amendments to
Section 70658 of the Government Code proposed by both this bill and
SB 1407. It also includes all of the amendments to Section 70658 of
the Government Code proposed by AB 171. It shall only become
operative if (1) this bill and SB 1407 are enacted and become
effective on or before January 1, 2009, (2) each bill amends Section
70658 of the Government Code, and (3) this bill is enacted after SB
1407, in which case Sections 17 and 17.2 of this bill shall not
become operative.
(b) Section 17.2 of this bill incorporates amendments to Section
70658 of the Government Code proposed by both this bill and AB 171.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2009, (2) each bill amends
Section 70658 of the Government Code, (3) SB 1407 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after AB 171 in which case Sections 17 and 17.1 of this bill shall
not become operative.
SEC. 37. Section 18.5 of this bill incorporates amendments to
Section 70670 of the Government Code proposed by both this bill and
SB 1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 70670 of the Government Code, and (3) this bill is
enacted after SB 1407, in which case Section 18 of this bill shall
not become operative.
SEC. 38. Section 19.5 of this bill incorporates amendments to
Section 103470 of the Health and Safety Code proposed by both this
bill and SB 1407. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2009, (2)
each bill amends Section 103470 of the Health and Safety Code, and
(3) this bill is enacted after SB 1407, in which case Section 19 of
this bill shall not become operative.
SEC. 39. Section 20.5 of this bill incorporates amendments to
Section 7660 of the Probate Code proposed by both this bill and SB
1407. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 7660 of the Probate Code, and (3) this bill is enacted
after SB 1407, in which case Section 20 of this bill shall not
become operative.