Law Offices of Craig Willford
Tasks expected for the Statutory Fees in Decedent's Estates
Data as of August 25, 2011
- Statutory fees are set by the Probate Code at a declining percentage of the value at the time of death of the assets in the probate, plus receipts and gains on sales, less losses on sales.
- The fees are to pay for the standard "statutory fee" tasks that substantially all probate estates need doing. The extraordinary tasks that are beyond those standard tasks are potentially compensable by "Extraordinary Fees" that the Court might grant in its discretion.
A non-exclusive list of the tasks that are expected to be performed as part of the services that are compensated with the statutory fee are as follows:
- The initial data gathering and initial interview with the attorney so as to enable the creation of the Petition for Probate.
- The creation of the Petition for Probate, filing it, giving notice of hearing for it, and the creating of the Order, Letters, Duties, etc. to get the matter started.
- The marshalling of the assets and creation of the Inventory and Appraisal.
- Filing Preliminary Change of Ownership Reports for realties and accompanying Prop. 58 or Prop. 163 forms as applicable.
- The giving of Notice to Creditors and processing them.
- Doing the First and Final Account and Report.
- Making the distribution pursuant to the Order for Distribution.
This statutory fee is also payable to the Personal Representative (the Executor or Administrator), unless waived.
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