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California and Filing Fees

CaliforniaCalifornia has recently established a uniform filing fee ($320) for petitions or accounts filed in connection with the administration of an estate or trust.  2008 Cal. Legis. Serv. Ch. 310.

Prior law which had established a graduated fee based on the size of the estate or trust had been declared unconstitutional in In re Estate of Claeyssens, 161 Cal. App. 4th 465, 74 Cal. Rptr. 3d 304 (2008), for violating the California initiative prohibiting estate taxes.

Special thanks to Larry D. Stratton (Law Offices of Larry D. Stratton, Arcadia, CA and author of the Planner’s Thoughts blog) for bringing the Claeyssens case to my attention.