SECTIONS 70650-70661
GOVERNMENT CODE
SECTION 70650-70661
SECTION 70650-70661
70650. (a) The uniform filing fee for the first petition forletters of administration or letters testamentary, or the firstpetition for special letters of administration with the powers of ageneral personal representative pursuant to Section 8545 of theProbate Code, is three hundred fifty-five dollars ($355). (b) The uniform filing fee for the first objections to the probateof any will or codicil under Section 8250 of the Probate Code, orthe first petition for revocation of probate of any will or codicilunder Section 8270 of the Probate Code, is three hundred fifty-fivedollars ($355). The uniform filing fee for the first petition forspecial letters of administration without the powers of a generalpersonal representative is the fee provided in Section 70657.5. Whereobjections to the probate of a will or codicil or a petition forrevocation of probate of a will or codicil are filed together with apetition for appointment of a personal representative described insubdivision (c) filed by the same person, only the fee provided insubdivision (c) shall be charged to that person. (c) A fee of three hundred fifty-five dollars ($355) shall also becharged for filing each subsequent petition or objections of a typedescribed in subdivision (a) in the same proceeding by a person otherthan the original petitioner or contestant. The same fee as providedin subdivision (b) shall be charged for filing each subsequentpetition or objections of a type described in that subdivision in thesame proceeding by a person other than the original petitioner orcontestant. (d) Notwithstanding Section 70658.5, if a petition for specialletters of administration is filed together with a petition forletters of administration or letters testamentary under subdivision(a) or (c) by the same person, the person filing the petitions shallbe charged the applicable filing fees for both petitions. (e) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.3.70651. (a) The uniform filing fee for objections or any other paperin opposition to a petition described in subdivision (a) of Section70650, other than a petition described in subdivision (c) of Section70650, is three hundred fifty-five dollars ($355). If objections orany other paper in opposition are filed together with a petitiondescribed in subdivision (c) of Section 70650 by the same person,only the fee provided in subdivision (c) of Section 70650 shall becharged to that person. (b) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.3.70652. (a) The uniform filing fee for each petition concerning theinternal affairs of a trust under Chapter 3 (commencing with Section17200) of Part 5 of Division 9 of the Probate Code, or a firstaccount of a trustee of a testamentary trust that is subject to thecontinuing jurisdiction of the court pursuant to Chapter 4(commencing with Section 17300) of Part 5 of Division 9 of theProbate Code, is three hundred fifty-five dollars ($355). (b) The uniform filing fee for each paper filed in opposition to apetition or first account of a trustee of a testamentary trust undersubdivision (a) is three hundred fifty-five dollars ($355). (c) To avoid hardship, or for other good cause, the court maydirect the clerk of the court to refund all or any part of a filingfee paid under this section. (d) This section does not apply to petitions or opposition filedconcerning trusts created by court order under Article 10 (commencingwith Section 2580) of Chapter 6 of Part 3 of Division 4 of theProbate Code, Article 1 (commencing with Section 3100) of Chapter 3of Part 6 of Division 4 of the Probate Code, Article 1 (commencingwith Section 3600) of Chapter 4 of Part 8 of Division 4 of theProbate Code. (e) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.3.70653. (a) The uniform filing fee for a petition for appointment ofa conservator, a guardian of the estate, or a guardian of the personand estate, pursuant to Division 4 (commencing with Section 1400) ofthe Probate Code, is three hundred fifty-five dollars ($355). (b) Except as provided in subdivision (f), the uniform filing feefor objections or any other paper in opposition to a petition undersubdivision (a) or (d) is three hundred fifty-five dollars ($355). (c) If a competing petition for appointment of a guardian orconservator subject to the fee under subdivision (a) is filedtogether with opposition to the petition of another by the sameperson, the person filing the competing petition and opposition shallbe charged a filing fee only for the competing petition. (d) Notwithstanding Section 70658.5, if a petition for appointmentof a temporary guardian or conservator is filed together with apetition for appointment of a guardian or conservator undersubdivision (a), or a competing petition under subdivision (c) by thesame person, the person filing the petitions shall be charged theapplicable filing fees for both petitions. (e) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.3. (f) No fee under this section shall be charged for objections orany other paper in opposition filed by or on behalf of the proposedconservatee, or the minor or a parent of the minor who is the subjectof a guardianship proceeding.70654. (a) The uniform filing fee for a petition for appointment ofa guardian of the person only, is two hundred five dollars ($205). (b) Except as provided in subdivision (e), the uniform filing feefor objections or any other paper in opposition to a petition undersubdivision (a) is two hundred five dollars ($205). (c) If a competing petition for appointment of a guardian subjectto the fee under subdivision (a) is filed together with opposition tothe petition of another by the same person, the person filing thecompeting petition and opposition shall be charged a filing fee onlyfor the competing petition. (d) Notwithstanding Section 70658.5, if a petition for appointmentof a temporary guardian is filed together with a petition forappointment of a guardian under subdivision (a), or a competingpetition under subdivision (c) by the same person, the person filingthe petitions shall be charged the applicable filing fees for bothpetitions. (e) No fee under this section shall be charged for objections orany other paper in opposition filed by or on behalf of the minor or aparent of the minor who is the subject of the proceeding. (f) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.4. (g) No other fees shall be charged for filing a paper under thissection in addition to the uniform filing fee provided for in thissection.70655. (a) The uniform filing fee for a petition that commences anyof 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 filedin opposition to a petition under subdivision (a) is three hundredfifty-five dollars ($355). (c) This section applies to petitions or opposition concerning thefollowing proceedings: (1) A petition for compromise of a minor's claim pursuant toSection 3600 of the Probate Code. (2) A petition to determine succession to real property pursuantto Section 13151 of the Probate Code. (3) A spousal or domestic partnership property petition pursuantto Section 13650 of the Probate Code, except as provided in Section13652 of the Probate Code. (4) A petition to establish the fact of death to determine titleto real property under Section 200 of the Probate Code. (5) A petition for an order concerning a particular transactionpursuant to Section 3100 of the Probate Code. (6) A petition concerning capacity determination and health caredecision for an adult without conservator pursuant to Section 3200 ofthe Probate Code. (7) A petition concerning an advance health care directivepursuant to Section 4766 of the Probate Code. (8) A petition concerning a power of attorney pursuant to Section4541 of the Probate Code. (9) A petition for approval, compromise, or settlement of claimsagainst a deceased settlor, or for allocation of amounts due betweentrusts, pursuant to Section 19020 of the Probate Code. (10) Any other petition that commences a proceeding under theProbate Code not otherwise provided for in this article. (d) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.3.70656. (a) The uniform filing fee for a petition requesting anorder setting aside a decedent's estate of small value pursuant toSection 6602 of the Probate Code, if no estate proceeding is pendingfor the decedent, is two hundred five dollars ($205). (b) The uniform filing fee for objections or any other paper filedin opposition to a petition under subdivision (a) is two hundredfive dollars ($205). (c) If a petition or objections or any other paper in oppositionunder this section is filed concurrently with a petition forappointment of a personal representative described in Section 70650,the petitioner or objector shall be charged only for the filing feeprovided in Section 70650. (d) The uniform filing fee charged under this section shall bedistributed as provided in Section 68085.4. (e) Except as provided in subdivision (c), no other fee shall becharged for filing a paper under this section in addition to theuniform filing fee provided for in this section.70657. (a) Except as provided in subdivision (c), the uniform feefor filing a motion or other paper requiring a hearing subsequent tothe first paper in a proceeding under the Probate Code, other than apetition or application or opposition described in Sections 70657.5and 70658, is forty dollars ($40). This fee shall be charged for thefollowing papers: (1) Papers listed in subdivision (a) of Section 70617. (2) Applications for ex parte relief, whether or not notice of theapplication to any person is required, except an ex parte petitionfor discharge of a personal representative, conservator, or guardianupon completion of a court-ordered distribution or transfer, forwhich no fee shall be charged. (3) Petitions or applications, or objections, filed subsequent toissuance of temporary letters of conservatorship or guardianship orletters of conservatorship or guardianship that are not subject tothe filing fee provided in subdivision (a) of Section 70658. (4) The first or subsequent petition for temporary letters ofconservatorship or guardianship. (b) There shall be no fee under subdivision (a) for filing any ofthe papers listed under subdivision (b) of Section 70617. (c) The summary judgment fee provided in subdivision (d) ofSection 70617 shall apply to summary judgment motions in proceedingsunder the Probate Code. (d) Regardless of whether each motion or matter is heard at asingle hearing or at separate hearings, the filing fees required bysubdivisions (a) and (c) apply separately to each motion or otherpaper filed. The Judicial Council may publish rules to give uniformguidance to courts in applying fees under this section. (e) No fee is payable under this section for a petition oropposition filed subsequent to issuance of letters of temporaryguardianship or letters of guardianship in a guardianship describedin Section 70654.70657.5. (a) The uniform fee for filing the following petitions orapplications, and objections or other opposition, is two hundreddollars ($200): (1) Petitions or applications, or opposition, concerning theinternal affairs of a trust that are not subject to the filing feesprovided in Section 70650, 70651, or 70652. (2) Petitions or applications, or objections, filed subsequent toissuance of special letters of administration or letters testamentaryor of administration in decedent's estate proceedings that are notsubject to the filing fee provided in subdivision (a) of Section70658. (3) The first or subsequent petition for special letters ofadministration without the powers of a general personalrepresentative. (b) One hundred sixty dollars ($160) of each two-hundred-dollar($200) fee collected under subdivision (a) shall be transmitted tothe state for deposit into the Immediate and Critical Needs Accountof the State Court Facilities Construction Fund, established inSection 70371.5. (c) No fee is payable under this section for a disclaimer of aninterest in a decedent's estate.70658. (a) Except as provided in subdivision (c), the uniform feefor filing a petition or application, or objections or any otherpaper in opposition to a petition or application listed in thissubdivision, filed after issuance of letters testamentary, letters ofadministration, letters of special administration to a personalrepresentative of a decedent's estate, or letters of guardianship orconservatorship, or letters of temporary guardianship orconservatorship to a guardian or conservator, is three hundredfifty-five dollars ($355). This section shall apply to the followingpetitions or applications, or opposition: (1) Petition or application for or opposition to an orderdirecting, authorizing, approving, or confirming the sale, lease,encumbrance, grant of an option, purchase, conveyance, or exchange ofproperty. (2) Petition or application for or opposition to an order settlingan account of a fiduciary. (3) Petition or application for or opposition to an orderauthorizing, instructing, or directing a fiduciary, or approving orconfirming the acts of a fiduciary. (4) Petition or application for or opposition to an order fixing,authorizing, allowing, or directing payment of compensation orexpenses of an attorney. (5) Petition or application for or opposition to an order fixing,authorizing, allowing, or directing payment of compensation orexpenses of a fiduciary. (6) Petition or application for or opposition to an ordersurcharging or removing a fiduciary. (7) Petition or application for or opposition to an ordertransferring or authorizing the transfer of the property of an estateto a fiduciary in another jurisdiction. (8) Petition or application for or opposition to an order allowinga fiduciary's request to resign. (9) Petition or application for or opposition to an orderadjudicating the merits of a claim made under Part 19 (commencingwith Section 850) of Division 2 of the Probate Code. (10) Petition or application for or opposition to an ordergranting permission to fix the residence of a ward or conservatee ata place not within this state. (11) Petition or application for or opposition to an orderdirecting, authorizing, approving, or modifying payments for support,maintenance, or education of a ward or conservatee or for a personentitled to support, maintenance, or education from a ward orconservatee. (12) Petition or application for or opposition to an ordergranting or denying a request under Section 2423, concerning paymentof 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 orderaffecting the legal capacity of a conservatee pursuant to Chapter 4(commencing with Section 1870) of Part 3 of Division 4 of the ProbateCode. (14) Petition or application for or opposition to an orderadjudicating the merits of a claim under Article 5 (commencing withSection 2500) of Chapter 6 of Part 4 of Division 4 of the ProbateCode. (b) The uniform fee in subdivision (a) shall be distributed asprovided in Section 68085.3. No other fee shall be charged for filinga paper under this section in addition to the uniform filing feeprovided for in this section. (c) The fee provided in this section shall not be charged forfiling any of the following papers: (1) A petition or application, or opposition, in a guardianshipproceeding under Section 70654. (2) A disclaimer of an interest in a decedent's estate. (d) One hundred seventy dollars ($170) of each three hundredfifty-five dollar ($355) fee collected under this section shall betransmitted to the Controller for deposit into the Immediate andCritical Needs Account of the State Court Facilities ConstructionFund, established in Section 70371.5.70658.5. If a petition or application, or opposition to a petitionor application, described in Sections 70650 to 70656, inclusive, orSections 70657.5 to 70658, inclusive, is filed combining requests forrelief or opposition to relief that could have been stated inseparate petitions or applications, or objections or otheropposition, only one filing fee shall be charged under this article.If a filing combines petitions, applications, or objections, or otheropposition to a petition or application, that would be subject todifferent filing fees under this article, the higher of theapplicable filing fees shall be charged.70659. Where the public administrator, public guardian, or publicconservator, or an employee of the State Department of Mental Healthor the State Department of Developmental Services is the petitionerin an official capacity in a proceeding described in Section 70650,70653, 70657, or 70658, the fee is payable only out of the assets ofthe estate coming into the official's possession or control.70660. (a) The fee for receiving and storing each documenttransferred to the clerk of the superior court under Section 732 ofthe Probate Code is twenty dollars ($20). (b) The superior court may reduce or waive the fee establishedpursuant to this section under either of the following circumstances: (1) The court has assumed jurisdiction under Article 11(commencing with Section 6180) of Chapter 4 of Division 3 of theBusiness and Professions Code over the law practice of the attorneywith whom the document is deposited. (2) On a showing of hardship.70661. The fee for searching a document transferred to the clerk ofthe superior court under Section 732 of the Probate Code is the sameas the fee under subdivision (c) of Section 70627 for searchingrecords or files.