Alameda Superior Court Filing Fees and Waivers

Applies to

Court investigator assessment

Court investigator report fees must be paid before the general-plan hearing; other assessment fees must be paid before approval of the next accounting.

Court investigator assessments for reports must be paid before the hearing on the general plan. All other assessments must be paid before approval of the next accounting. The Court Investigator’s Office will bill the estate or, where applicable, any trust of which the conservatee is a beneficiary.

No fee or charge may be taken without a prior written court order.

No fee or charge shall be taken without a prior written order of the court setting forth the fee or charge.

Fees may not be anticipated nor property encumbered without a prior written court order.

No fee or charge may be anticipated nor property encumbered without a prior written order of the court setting forth the fee, charge, and/or encumbrance.

Fee schedule sets percentage-of-balance fees with maximums for Public Guardian, County Counsel, and Public Defender based on estate size.

Size of estate Fee guidelines $774.99 and under -0- 11 % of balance to Public Guardian $775 – 1,499 9 % of balance to County Counsel 9 % of balance to Public Defender 16% of balance, with a maximum of $ 1,800 to Public Guardian $1,500 – 14,999 11% of balance, with a maximum of $ 1,440 to County Counsel 11% of balance, with a maximum of $ 1,440 to Public Defender 10 % of balance, with a maximum of $ 2,400 to Public Guardian $15,000 – 44,999 8 % of balance, with a maximum of $ 2,160 to County Counsel 8 % of balance, with a maximum of $ 2,160 to Public Defender 4.5 % of balance, with a maximum of $ 3,120 to Public Guardian $45,000 – 74,999 4% of balance, with a maximum of $ 2,700 to County Counsel 4 % of balance, with a maximum of $ 2,700 to Public Defender 3.5 % of balance, with a maximum of $ 3,780 to Public Guardian $75,000 – 104,999 3 % of balance, with a maximum of $ 3,450 to County Counsel 3 % of balance, with a maximum of $ 3,450 to Public Defender 3 % of balance, with a maximum of $ 4,520 to Public Guardian $105,000 – 129,999 2.75 % of balance, with a maximum of $ 4,200 to County Counsel 2.75 % of balance, with a maximum of $ 4,200 to Public Defender 2.9 % of balance, with a maximum of $ 8,400 to Public Guardian $130,000 – 244,999 2.7 % of balance, with a maximum of $ 7,200 to County Counsel 2.7 % of balance, with a maximum of $ 7,200 to Public Defender 2.9 % of balance, with a maximum of $ 10,200 to Public Guardian $245,000 and above 2.7 % of balance, with a maximum of $ 8,400 to County Counsel 2.7 % of balance, with a maximum of $ 8,400 to Public Defender

A defendant seeking a trial de novo must pay the total amount due within the time specified in the notice.

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.

Annual fees may be claimed per the schedule without itemized or hourly billing.

The Public Guardian, County Counsel, and Public Defender may claim annual fees pursuant to the above schedule without the need for itemized or hourly billing.

Case set up and investigation fees: $2,400 (PG), $2,040 (CC), $2,040 (PD), plus $1,020 investigation fee for PG, all requiring written court approval.

In probate cases, there is a case set up and investigation claim of $2,400 by the Public Guardian and a case set up claim of $2,040 by County Counsel. These are requested at the time of the general plan and shall only be taken upon written court approval. The Public Defender may claim a case set up fee of $2,040. There is also an investigation fee for all cases in which the Public Guardian investigates of $1,020, regardless of whether the Public Guardian is appointed conservator.

Extraordinary compensation on real property sales: $1,800 (PG) and $1,440 (CC); amounts over $1,800 require detailed declarations; $600 for personal property over $1,800; all require written court approval.

Additionally, there may be a claim by the Public Guardian of $1,800 and by the County Counsel of $1,440 on sales of real property. If the Public Guardian seeks an amount more than $1,800 then the entire amount must be supported by declarations providing detailed information as to the services rendered. The Public Guardian may claim $600 on sales of personal property over $1,800. These claims may be taken only upon written court approval.

Fees for estates with substantial non-liquid assets are reserved until assets are liquidated or the conservatee dies, whichever is sooner.

For estates with substantial non-liquid assets, Public Guardian, County Counsel, and Public Defender fees will be reserved until such time as the assets are liquidated or until the conservatee is deceased, whichever is sooner.

County Counsel and Public Defender may submit itemized billings in declaration form for fees exceeding schedule amounts in extraordinary legal services cases.

For cases requiring extraordinary legal services, the County Counsel and the Public Defender may submit itemized billings with the accounts, in declaration form, for fees in excess of the schedule amounts.

Fee

$5520

Applies to

Conservatorship fee claim

Fee waiver is not available; the Public Guardian, County Counsel, and Public Defender claim 40%, 30%, and 30% respectively of the estate balance up to a maximum of $5,520.

The fee waiver provision is not applicable. The Public Guardian, County Counsel, and Public Defender will claim 40%, 30%, and 30% respectively of the estate balance up to a maximum of $5,520.

Fee

$4080

Applies to

Conservatorship fee claim

Where the Public Defender is not appointed, the Public Guardian and County Counsel claim 55% and 45% respectively of the estate balance up to a maximum of $4,080.

In cases where the Public Defender is not appointed, the Public Guardian and County Counsel will claim 55% and 45% respectively of the estate balance up to a maximum of $4,080.

Applies to

Conservatorship fee claim

Estates with balances on hand of $78,000 and over are subject to fees claimed pursuant to the schedule.

On estates with balances on hand of $78,000 and over, the Public Guardian, County Counsel and Public Defender will claim fees pursuant to the schedule.

Fee

$1680

Applies to

Conservatorship fee claim

Additional fees of $1,080 (Public Guardian) and $600 (County Counsel) may be claimed after following the Probate Code section 2631 liquidation procedure, but only upon written court approval.

In cases where the Public Guardian and County Counsel have followed the Probate Code section 2631 procedure to liquidate the decedent’s estate and pay debts, additional fees of $1,080 to the Public Guardian and $600 to the County Counsel will be claimed. Fees claimed will be taken only upon written court approval.

Applies to

Guardianship

Court investigator fees are waived in guardianship cases when the court approves a fee waiver.

No court investigator fee will be imposed in any case in which a fee waiver has been approved by the court.

Applies to

Photocopies of juvenile records

The requesting party must pay the cost of any copying of juvenile court records.

If copies are requested, the requesting party shall pay the cost of any copying.

The clerk may make ability-to-pay determinations for traffic fines and fees; a judicial officer must review any denial upon the defendant's request.

The clerk of the court is authorized to make ability-to-pay determinations under Government Code section 68645.3(e) using the criteria posted on the Traffic Court page of the Court’s website. If the clerk of the court denies a request for reduction, a judicial officer must review the decision upon request by the defendant.