Title
Title
Rules and Forms | Graduated Filing Fee in Estate Administration Proceedings (Action Required)
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Summary
Summary
The Probate and Mental Health Advisory Committee recommends that the Judicial Council amend one rule and repeal one rule of the California Rules of Court to remove references to a graduated filing fee in estate administration proceedings. The statute that imposed a graduated filing fee in estate administration proceedings based on the value of the estate was held unconstitutional in 2008. The council repealed two other rules implementing the graduated filing fee scheme, effective January 1, 2015, but did not repeal or amend the rules addressed in this proposal.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective January 1, 2020:
1. Amend California Rules of Court, rule 7.550 to repeal subdivision (b)(10), which requires the report mandated by Probate Code section 10954(c)(1) when an account is waived to include the information required by former rule 7.552(a) and (b); and
2. Repeal rule 7.151.