Rule 7.151. Reimbursement of graduated filing fee by successful subsequent

Cal. R. Ct. 7.151

California Rules of Court

Rule 7.151. Reimbursement of graduated filing fee by successful subsequent petitioner 1 2 3 4 5 (

a) Duty to reimburse In decedents’ estates commenced on or after August 18, 2003, and before 6 January 1, 2008, a general personal representative appointed on a Petition for Probate 7 (form DE-111) that was not the first-filed petition for appointment of a general personal representative in the proceeding must reimburse the unsuccessful petitioner on the first-filed petition for a portion of the filing fee paid by the unsuccessful petitioner. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Subd (

a) amended effective March 1, 2008; previously amended effective January 1, 2007.) (

b) Amount of reimbursement The reimbursement required under this rule is in the amount of:

(1) The filing fee paid by the unsucce ssful petitioner in excess of the filing fee that would have been payable on that date for a Petition for Probate filed to commence administration of an estate valued at less than $250,000, less 22 23 24 25 26 27 28 29 30 31 32 33 (2) *** (Subd (

b) amended effective March 1, 2008; previously amended effective January 1, 2007.) (

c) When reimbursement payable The personal representative must make the reimbursement payment required under this rule in cash and in full no later than the date the Inventory and Appraisal (form DE-160/GC-040) is due under Probate Code

section 8800(b), including additional time allowed by the court under that provision. 34 35 36 37 38 39 40 41 42 (Subd (

c) amended effective March 1, 2008.) (d) *** (

e) Receipt from unsuccessful petitioner The unsuccessful petitioner must give it’s a signed receipt for the reimbursement payment made under this rule. 43 44

1 2 3 4 5 (Subd (

e) amended effective March 1, 2008.) (f) *** (

g) Petitioner on dismissed Petition for Probate 6 7 8 9 10 11 12 13 14 15 16 17 18 A petitioner that is eligible to receive a refund of filing fee for a dismissed Petition for Probate under rule 7.552(

d) is not an unsuccessful petitioner within the meaning of this rule. (Subd (

g) amended effective March 1, 2008; previously amended effective January 1, 2007.) Rule 7.151 amended effective March 1, 2008; adopted effective January 1, 2004; previously amended effective January 1, 2007. Rule 7.552. Graduated filing fee adjustments for estates commenced on or 19 after August 18, 2003, and before January 1, 2008 20 21 This rule applies to decedents’ estate proceedings commenced on or after August 22 18, 2003, and before January 1, 2008. Rule 7.553 applies to decedents’ estate 23 proceedings commenced on or after January 1, 2008. 24 25 26 27 28 (

a) Separate

schedule for graduated fee information The final account or report filed in every decedent’s estate proceeding commenced on or after August 18, 2003, and before January 1, 2008, must include a separate

schedule showing the following information: 29 30 31

(1) The name of each pe titioner on the first-filed Petition for Probate (form 32 DE-111) in the proceeding; 33 34 35 36 37 38 39 40 41

(2) The date the first-filed Petition for Probate was filed in the proceeding;

(3) The estimated value of the estate shown in item 3, “estimated value of the estate for filing fee purposes,” of the first-filed Petition for Probate in the proceeding;

(4) The filing fee paid by or fo r the petitioner on the first-filed Petition for Probate in the proceeding; and 42 43

(5) The following information from the I inventories and Appraisals filed in the proceeding: 1 2 3 4 (

A) The date each partial, supp lemental, final, or corrected Inventory and Appraisal (form DE-160/GC-040) was filed; 5 6 7 8 9 10 11 12 13 (

B) The total appraised value of the a ssets of the estate shown in each filed partial, supplemental, or final Inventory and Appraisal; (

C) Changes in the appraised value of the assets of the estate shown in each filed corrected Inventory and Appraisal; and (

D) The combined total appraised valu e of the estate shown in all filed partial, supplemental, final, and corrected Iinventories and 14 Appraisals;. 15 16 17

(6) A statement of the amount of fili ng fee that would have been payable under Government Code

section 26827 70650, as amended effective on the date the first-filed Petition for Probate was filed in the proceeding, if the total actual appraised value of the estate had been used as the estimated value for filing fee purposes (the “corrected filing fee”); 18 19 20 21 22 23

(7) Calculation of the difference be tween the estimated filing fee paid under Government Code

section 26827 70650 on filing the first Petition for Probate in the proceeding (the “estimated filing fee”) and the “corrected filing fee,” as determined under (6) and subdivision (

e) of this rule; and 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (8) *** (Subd (

a) amended effective March 1, 2008; previously amended effective January 1, 2007.) (b)–(c) *** (

d) Refund on voluntarily dismissed Petition for Probate

(1) A petitioner that files a Petition for Probate on or after August 18, 2003, and voluntarily dismisses the petition at any time within 90 days after it is filed and before an order granting or denying the petition is filed, is eligible under this subdivision to receive a refund, without interest, of all filing fees paid in excess of the filing fees that would

have been payable on the original filing date for a P etition for Probate of an estate valued at less than $250,000. 1 2 3

(2) The petitioner on a dismissed Petition for Probate under (1) must apply to the court for the refund, in accordance with the court’s local rules and practices for such payments. 4 5 6 7 8 9 10 11 (Subd (

d) amended effective March 1, 2008.) (

e) Additional adjustment in correc ted filing fee in insolvent estates If the expenses of administration must be proportionately reduced under 12 Probate Code

section 11420 because the property in the estate is insufficient 13 to pay them in full, the court may approve a determination of the corrected 14 filing fee under this rule that reflects the proportionate reduction of those 15 expenses, provided that the corrected filing fee may not be reduced below 16 the minimum fee required by Government Code

section 26827 on the date 17 the estimated fee was paid. 18 19 If the property of the estate is insufficient to pay the expenses of 20 administration in full, the court may approve a determination of the corrected 21 filing fee that reflects the proportionate reduction of those expenses under 22 Probate Code

section 11420. The corrected filing fee may not be reduced 23 below the minimum fee required by Government Code

section 70650 on the 24 date the estimated fee was paid. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (Subd (

e) amended effective March 1, 2008.) (

f) Sample

schedule of graduated fee information The

schedule of graduated fee information required under (

a) may be substantially as follows:

SCHEDULE __ Graduated Filing Fee Information 1. The first-filed Petition for Probate in this proceeding was filed on [Date] by [name of each petitioner]. 2. The estimated value of the estate for filing fee purposes shown on the first-filed Petition for Probate in this proceeding is $______________.

3. The filing fee paid by or for the petitioners on the first-filed Petition for Probate in this proceeding was $_________. 1 2 3 4.

The following Iinventories and Appraisals have been filed in this proceeding: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Type Type Type Type Type Type D ate Filed ate Filed ate Filed Type D ate Filed ate Filed Type Date Filed A ppraised Value [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [09/30/09] $ [Partial no. __] [Partial no. __] $ F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l $ [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] $ [Correcting] [Correcting] [Correcting] [Correcting] [Correcting] [Correcting] $ (or $)__________ Total appraised value of estate: tate: tate: tate: tate: tate: $ _______________ 5.

Corrected Filing Fee: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: $ Filing fee as of the date in 1 above, based on total appraised value of estate: total appraised value of estate: total appraised value of estate: $ Adjustment to reflect proportional reduction of expenses of administration for insolvent estate under Cal. Rules of Court, rule 7.552(e): ($ _______________) Corrected Filing Fee: $ _______________ 6.

Difference between estimated and corrected filing fee: Estimated filing fee from 3 above: Estimated filing fee from 3 above: $ Corrected filing fee from 5 above: e: e: e: e: e: ( $ _______________) Difference: Difference: Difference: Difference: Difference: Difference: $ (or $) __________ 7. Filing fee reimbursements under rule 7.151: P a y e e (

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s) Da t e P a i d Am o u n t [Name, address, and telephone [10/25/09] $ number of each payee and attor- ney of record in the proceeding] (Subd (

f) amended effective March 1, 2008; previously amended effective January 1, 2007.)

1 2 3 4 5 Rule 7.552 amended effective March 1, 2008; adopted effective January 1, 2004; previously amended effective January 1, 2007. Rule 7.553. Graduated filing fee statements for decedents’ estates 6 commenced on or after January 1, 2008 7 8 This rule applies to decedents’ estates commenced on or after January 1, 2008. 9 10 (

a) Separate

schedule for graduated fee information 11 12 The final account or report or petition for final distribution filed in every 13 decedent’s estate proceeding commenced on or after January 1, 2008, must 14 include a separate

schedule showing the following information: 15 16

(1) The date the first-filed Petition for Probate (form DE-111) was filed in 17 the proceeding; and 18 19

(2) The following information from the inventories filed in the proceeding: 20 21 (

A) The date each partial, supplemental, final, or corrected Inventory 22 and Appraisal (form DE-160/GC-040) was filed; 23 24 (

B) The total appraised value of the assets of the estate shown in each 25 filed partial, supplemental, or final Inventory and Appraisal; 26 27 (

C) Changes in the appraised value of the assets of the estate shown in 28 each filed corrected Inventory and Appraisal; and 29 30 (

D) The combined total appraised value of the estate shown in all filed 31 partial, supplemental, final, and corrected inventories. 32 33 (

b) Adjustment in corrected filing fee in insolvent estates 34 35 If the property of the estate is insufficient to pay expenses of administration 36 in full, the court may approve a determination of the corrected filing fee 37 under this rule that reflects the proportionate reduction of those expenses 38 under Probate Code

section 11420. The corrected filing fee may not be 39 reduced below the minimum fee required by Government Code

section 40 70650 on the date the estate was commenced. 41 42

(

c) Sample

schedule of filing fee information 1 2 The

schedule of graduated fee information required under (

a) may be 3 substantially as follows: 4 5

SCHEDULE __ 6 7 Graduated Filing Fee Information 8 9 1. The first-filed Petition for Probate in this proceeding was filed on [Date] 10 by [name of each petitioner]. 11 12 2.

The following inventories have been filed in this proceeding: 13 14 Type Type Type Type Type Type D ate Filed ate Filed ate Filed Type D ate Filed ate Filed Type Date Filed A ppraised Value 15 [Partial no. __] [09/30/09] [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] [Partial no. __] [09/30/09] $[Partial no. __] [09/30/09] $ 16 [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] [Partial no. __] $[Partial no. __] $[Partial no. __] $[Partial no. __] $ 17 F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l F i n a l $F i n a l $ 18 [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] [ S u p p l e m e n t a l ] $[ S u p p l e m e n t a l ] $ 19 [Correcting] [Correcting] [Correcting] [Correcting] [Correcting] [Correcting] $ (or $)__________ 20 Total appraised value of estate: tate: tate: tate: tate: tate: $ _______________ 21 22 3.

Graduated Filing Fee: 23 24 Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: Total appraised value of estate: $Total appraised value of estate: $ 25 26 Filing fee as of the date in 1 above, based on 27 total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: total appraised value of estate: $total appraised value of estate: $ 28 29 Adjustment to reflect proportional reduction of expenses of administration for insolvent estate 30 under Cal.

Rules of Court, rule 7.553(b): ($ _______________) 31 32 33 Corrected Filing Fee: $ ________________ 34 35 36 37 38 Rule 7.553 adopted effective March 1, 2008.

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 7.151
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	50c51b3b38cbaf33ed7dd25f673155a22b0d4cd1

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