BILL NUMBER: AB 171 CHAPTERED 09/26/08 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.