Section § 70650

Explanation

If you're filing certain probate petitions in California, like the first time you ask to manage someone's estate (letters of administration or testamentary) or you object to a will, it costs $355. This fee also applies if you're filing objections or petitions related to a will, like trying to cancel its probate. If you’re doing both an administration petition and a special administration petition together, you pay for both. Fees stay the same even for additional filings by others if they are joining the same case. Collected fees are allocated according to another law.

(a)CA Government Code § 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)CA Government Code § 70650(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)CA Government Code § 70650(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)CA Government Code § 70650(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)CA Government Code § 70650(e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3.

Section § 70651

Explanation

If you file objections or any other papers opposing a petition as described in a specific part of section 70650, you'll need to pay a filing fee of $355. But if those objections are filed alongside a particular type of petition from section 70650, you'll only pay that petition's fee.

The money collected from these fees is distributed as outlined in another section, specifically section 68085.3.

(a)CA Government Code § 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)CA Government Code § 70651(b) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3.

Section § 70652

Explanation

If you're dealing with the internal affairs of a trust or filing a first account for a testamentary trust that the court oversees, there's a filing fee of $355 applied to both the initial petition and any opposition papers. However, the court can waive or refund this fee in cases of hardship or for other significant reasons.

Note that this fee doesn't apply to trusts created by court orders under certain sections of the Probate Code. Also, the collected fees are distributed according to specific guidelines outlined elsewhere.

(a)CA Government Code § 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)CA Government Code § 70652(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)CA Government Code § 70652(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)CA Government Code § 70652(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)CA Government Code § 70652(e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3.

Section § 70653

Explanation

This law outlines the filing fees related to petitions for appointing guardians or conservators. It sets a fee of $355 for filing such petitions, as well as for filing objections or opposition documents. However, if someone files both a competing petition and objections to another petition, they only pay the fee for the competing petition, not both. If temporary and full petitions are filed together, separate fees apply for each. Additionally, no fees are charged for objections filed by the proposed conservatee, or a minor or parent involved in a guardianship case. Finally, it specifies how collected fees are distributed.

(a)CA Government Code § 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)CA Government Code § 70653(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)CA Government Code § 70653(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)CA Government Code § 70653(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)CA Government Code § 70653(e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3.
(f)CA Government Code § 70653(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.

Section § 70654

Explanation

This law outlines the fees associated with filing petitions related to guardianship. If you file for appointing a guardian for a person's care, expect to pay $205. The same fee applies if you oppose such a petition unless you are a minor or the minor's parent, who are exempt from fees. If you're filing a competing petition while opposing another, you're only charged for filing the competing petition. Temporary guardian petitions filed with other petitions incur separate fees. All collected fees must be distributed according to specific guidelines, and no extra fees can be added beyond the standard ones mentioned here.

(a)CA Government Code § 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)CA Government Code § 70654(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)CA Government Code § 70654(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)CA Government Code § 70654(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)CA Government Code § 70654(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)CA Government Code § 70654(f) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.4.
(g)CA Government Code § 70654(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.

Section § 70655

Explanation

This law outlines the filing fees for certain legal actions related to probate proceedings in California. It sets a uniform fee of $355 for both initiating a petition and for filing objections or other papers in opposition to such a petition. The fee applies to a range of specific probate-related proceedings, including those related to minors' claims, inheritance of real property, spousal or domestic partnership rights, establishing death for property reasons, handling transactions for disabled adults, dealing with advance health care directives or powers of attorney, and settling claims against deceased individuals' estates.

The collected fees are distributed as directed by another specified section. This ensures consistency in costs associated with these types of legal processes.

(a)CA Government Code § 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)CA Government Code § 70655(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)CA Government Code § 70655(c) This section applies to petitions or opposition concerning the following proceedings:
(1)CA Government Code § 70655(c)(1) A petition for compromise of a minor’s claim pursuant to Section 3600 of the Probate Code.
(2)CA Government Code § 70655(c)(2) A petition to determine succession to real property pursuant to Section 13151 of the Probate Code.
(3)CA Government Code § 70655(c)(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)CA Government Code § 70655(c)(4) A petition to establish the fact of death to determine title to real property under Section 200 of the Probate Code.
(5)CA Government Code § 70655(c)(5) A petition for an order concerning a particular transaction pursuant to Section 3100 of the Probate Code.
(6)CA Government Code § 70655(c)(6) A petition concerning capacity determination and health care decision for an adult without conservator pursuant to Section 3200 of the Probate Code.
(7)CA Government Code § 70655(c)(7) A petition concerning an advance health care directive pursuant to Section 4766 of the Probate Code.
(8)CA Government Code § 70655(c)(8) A petition concerning a power of attorney pursuant to Section 4541 of the Probate Code.
(9)CA Government Code § 70655(c)(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)CA Government Code § 70655(c)(10) Any other petition that commences a proceeding under the Probate Code not otherwise provided for in this article.
(d)CA Government Code § 70655(d) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3.

Section § 70656

Explanation

This law sets the filing fee at $205 for petitions related to setting aside a small value estate of a deceased person when no ongoing estate proceedings exist. It also sets the same fee for any objections or papers filed in opposition to such petitions. If these petitions or objections are filed together with a petition to appoint a personal representative, only one filing fee is charged, as stated in a different section. The fees collected are distributed according to another specific regulation, and no additional fees are charged, except for the instances mentioned.

(a)CA Government Code § 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)CA Government Code § 70656(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)CA Government Code § 70656(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)CA Government Code § 70656(d) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.4.
(e)CA Government Code § 70656(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.

Section § 70657

Explanation

This law section outlines the fees related to filing motions or other papers that require a hearing under the Probate Code, following the initial paperwork. Generally, there's a $60 fee for certain filings, like those listed in Section 70617, applications for urgent relief, and filings after temporary conservatorship or guardianship letters are issued.

There are exceptions where no fee applies, such as papers listed in another part of Section 70617 or when opposing a petition after guardianship letters are issued as described in Section 70654. If you're dealing with a summary judgment in probate cases, a different fee from Section 70617(d) applies. Each motion's fee is independent, even if heard together, with rules available to ensure consistent application.

(a)CA Government Code § 70657(a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is sixty dollars ($60). This fee shall be charged for the following papers:
(1)CA Government Code § 70657(a)(1) Papers listed in subdivision (a) of Section 70617.
(2)CA Government Code § 70657(a)(2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged.
(3)CA Government Code § 70657(a)(3) 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.
(4)CA Government Code § 70657(a)(4) The first or subsequent petition for temporary letters of conservatorship or guardianship.
(b)CA Government Code § 70657(b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617.
(c)CA Government Code § 70657(c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code.
(d)CA Government Code § 70657(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e)CA Government Code § 70657(e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654.

Section § 70657.5

Explanation

This law sets a standard fee of $200 for filing certain petitions or objections related to trusts and estates. Specifically, the fee applies to trust-related matters not covered by other sections and to certain petitions filed after specific types of estate letters have been issued. The fee also covers initial or subsequent petitions for special letters of administration without general representative powers. Of the $200 fee, $160 goes to the State Court Facilities Construction Fund. However, no fee is charged for disclaiming an interest in a deceased person's estate.

(a)CA Government Code § 70657.5(a) The uniform fee for filing the following petitions or applications, and objections or other opposition, is two hundred dollars ($200):
(1)CA Government Code § 70657.5(a)(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)CA Government Code § 70657.5(a)(2) 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.
(3)CA Government Code § 70657.5(a)(3) The first or subsequent petition for special letters of administration without the powers of a general personal representative.
(b)CA Government Code § 70657.5(b) One hundred sixty dollars ($160) of each two-hundred-dollar ($200) fee collected under subdivision (a) shall be transmitted to the state for deposit into the State Court Facilities Construction Fund, established in Section 70371.
(c)CA Government Code § 70657.5(c) No fee is payable under this section for a disclaimer of an interest in a decedent’s estate.

Section § 70658

Explanation

If you're dealing with the estate of someone who's passed away or need to manage a guardianship or conservatorship, you'll generally need to pay a $355 fee when filing various petitions or objections in court. This includes actions like selling property, settling accounts, or managing other financial and legal responsibilities of the deceased or ward's estate. However, there are exceptions where this fee does not apply, such as in certain guardianship proceedings and when disclaiming an interest in an estate.

Part of this fee, specifically $205, is allocated for state court facility funding. Importantly, this fee is standardized, and no additional charges should be applied for the covered filings.

(a)CA Government Code § 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)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(2) Petition or application for or opposition to an order settling an account of a fiduciary.
(3)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(4) Petition or application for or opposition to an order fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney.
(5)CA Government Code § 70658(a)(5) Petition or application for or opposition to an order fixing, authorizing, allowing, or directing payment of compensation or expenses of a fiduciary.
(6)CA Government Code § 70658(a)(6) Petition or application for or opposition to an order surcharging or removing a fiduciary.
(7)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(8) Petition or application for or opposition to an order allowing a fiduciary’s request to resign.
(9)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(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)CA Government Code § 70658(a)(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)CA Government Code § 70658(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)CA Government Code § 70658(c) The fee provided in this section shall not be charged for filing any of the following papers:
(1)CA Government Code § 70658(c)(1) A petition or application, or opposition, in a guardianship proceeding under Section 70654.
(2)CA Government Code § 70658(c)(2) A disclaimer of an interest in a decedent’s estate.
(d)CA Government Code § 70658(d) Two hundred five dollars ($205) of each three-hundred-fifty-five dollar ($355) fee collected under this section shall be transmitted to the Controller for deposit into the State Court Facilities Construction Fund, established in Section 70371.

Section § 70658.5

Explanation

This law explains how filing fees work when you file combined petitions or applications in court. If you combine requests that could have been separate, you only pay one filing fee. But if those combined requests would have had different fees, you'll pay the higher fee of the ones that apply.

If a petition or application, or opposition to a petition or application, described in Sections 70650 to 70656, inclusive, or Sections 70657.5 to 70658, inclusive, is filed combining requests for relief or opposition to relief that could have been stated in separate petitions or applications, or objections or other opposition, only one filing fee shall be charged under this article. If a filing combines petitions, applications, or objections, or other opposition to a petition or application, that would be subject to different filing fees under this article, the higher of the applicable filing fees shall be charged.

Section § 70659

Explanation

This law specifies that when a public administrator, guardian, or conservator, or an employee from the State Department of State Hospitals or Developmental Services, files a petition in an official capacity in certain types of proceedings, the required fee can only be paid using the assets from the estate that they manage or control.

Where the public administrator, public guardian, or public conservator, or an employee of the State Department of State Hospitals or the State Department of Developmental Services is the petitioner in an official capacity in a proceeding described in Section 70650, 70653, 70657, or 70658, the fee is payable only out of the assets of the estate coming into the official’s possession or control.

Section § 70660

Explanation

This law states that when a document is transferred to the clerk of the superior court, there's usually a $20 fee for receiving and storing it. However, the court can reduce or waive this fee if they have taken control over an attorney's law practice or if someone shows that paying the fee would cause them hardship.

(a)CA Government Code § 70660(a) The fee for receiving and storing each document transferred to the clerk of the superior court under Section 732 of the Probate Code is twenty dollars ($20).
(b)CA Government Code § 70660(b) 
The superior court may reduce or waive the fee established pursuant to this section under either of the following circumstances:
(1)CA Government Code § 70660(1) The court has assumed jurisdiction under Article 11 (commencing with Section 6180) of Chapter 4 of Division 3 of the Business and Professions Code over the law practice of the attorney with whom the document is deposited.
(2)CA Government Code § 70660(2) On a showing of hardship.

Section § 70661

Explanation

If you need to search for a document that has been moved to the superior court clerk, the fee will be the same as the fee charged for searching other court records or files.

The fee for searching a document transferred to the clerk of the superior court under Section 732 of the Probate Code is the same as the fee under subdivision (c) of Section 70627 for searching records or files.

Section § 70662

Explanation

If you want to file a request for special notice in certain probate proceedings, you'll need to pay a $40 fee. This fee is separate from any other fees you might have to pay for filing related documents at the same time.

The filing fee for a request for special notice pursuant to Sections 1250, 2700, and 17204 of the Probate Code is forty dollars ($40). This fee shall be in addition to any other fee charged for a paper filed concurrently with a request for special notice.

Section § 70663

Explanation

If you want to register a conservatorship, you'll need to pay a $30 fee. This money is then sent to the Trial Court Trust Fund, which supports court operations.

The fee for registering a conservatorship under Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code is thirty dollars ($30). The amounts collected shall be distributed to the Trial Court Trust Fund under Section 68085.1.