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February 07, 2007

Filing Fees to Open Probate.

Probate is one of those things that has an instant cost factor. When you file papers to open an estate, the court charges you a filing fee to submit the papers.

The filing fee for probate cases is based on the size of the estate. If you are not sure about the size or value of the estate when you first open a probate proceeding, you can make an adjustment later in your final petition to close probate. [This is the graduated filing fee adjustment rule.]

The probate filing fee needs to be paid by someone other than the estate initially just to open the case. May I suggest that what your loved one might pay in the filing fee would be better used towards creating a proper estate plan?

2007 probate filing fees in California courts:

First Petition for Letters and Special Letters of Administration; for Letters Testamentary

Estate under $250,000 = $320.00
Estate of at least $250,00 and under $500,000 = $385.00
Estate of at least $500,00 and under  $750,000 = $485.00
Estate of at least $750,00 and under  $1,000,000 = $635.00
Estate of at least $1,00,000 and under  $1,500,000 = $1,135.00
Estate of at least $1,500,00 and under $2,000,000 = $2,135.00
Estate of at least $2,000,000 and under $2,500,000 = $2,635.00
Estate of at least $2,500,00 and under $3,500,000* = $3,635.00

*Anything higher, contact the clerk.

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Comments

It almost looks like a "back door" estate tax.

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