California Rules of Court Filing Fees and Waivers

No electronic filing service fee may be charged when a prosecutor, an indigent defendant, or that defendant's court-appointed counsel files a document in a criminal action.

Electronic filing service providers and electronic filing managers may not charge a service fee when an electronic filer files a document in a criminal action when the electronic filer is a prosecutor, an indigent defendant, or court appointed counsel for an indigent defendant.

Initial court fee waivers are available for probate fiduciaries and parties in civil actions with conservators/guardians based on financial condition.

Rule 7.5. Waivers of court fees in decedents’ estates, conservatorships, and guardianships (a) Scope of rule This rule governs initial fee waivers, as defined in rule 3.50(b), that are requested by petitioners for the appointment of fiduciaries, or by fiduciaries after their appointment, in decedents’ estates, conservatorships, and guardianships under the Probate Code. The rule also governs initial fee waivers in other civil actions or proceedings in which conservators or guardians are parties representing the interests of their conservatees or wards.

A fee waiver may later be ended, modified, or retroactively withdrawn if the court determines the applicant is not eligible.

As provided in Government Code sections 68631 and following, any waiver may later be ended, modified, or retroactively withdrawn if the court determines that the applicant is not eligible for the waiver.

The court may later order that previously waived fees and costs be paid.

As provided in Government Code sections 68636 and 68637, the court may, at a later time, determine that the previously waived fees and costs be paid.

Applies to

Fee waiver application

Fee waiver applications for conservator or guardian appointments must be based on the proposed conservatee's or ward's personal financial condition.

A petitioner for the appointment of a conservator or guardian of the person, estate, or person and estate of a conservatee or ward must base an application for an initial fee waiver on the personal financial condition of the proposed conservatee or ward.

Applies to

Fee waiver application

Fee waiver applications for appointment of a personal representative must be based on the petitioner's personal financial condition.

A petitioner for the appointment of a personal representative of a decedent's estate must base an application for an initial fee waiver on the petitioner's personal financial condition.

Applies to

Fee waiver application

A personal representative's continued fee waiver eligibility is based on the combined financial condition of the petitioner and the decedent's estate.

The petitioner's continued eligibility for an initial fee waiver must be based on the combined financial condition of the petitioner and the decedent's estate.

Applies to

Fee waiver application

A personal representative must notify the court of any change in financial condition affecting ability to pay waived court fees and costs.

Upon marshaling or collecting assets of the decedent's estate following the petitioner's appointment and qualification as personal representative, the petitioner must notify the court of a change in financial condition under Government Code section 68636(a) that may affect his or her ability to pay all or a portion of the waived court fees and costs.

Applies to

Fee waiver application

The court may preliminarily determine a personal representative is no longer eligible for a fee waiver based on estate value estimates, with notice and hearing required.

The court may make a preliminary determination under Government Code section 68636(b) that the petitioner's appointment as fiduciary is a change of financial condition that makes the petitioner no longer eligible for an initial fee waiver based, in whole or in part, on the estimates of estate value and income contained in the petitioner's Petition for Probate. In that event, the court must give notice and conduct the hearing required by section 68636(b).

Applies to

Fee waiver application

An appointed personal representative may apply for a fee waiver based on the combined financial condition of the representative and the estate.

The appointed personal representative may apply for an initial fee waiver. The application must be based on the combined financial condition of the personal representative and the decedent's estate.

Applies to

Fee waiver application

The financial condition of a conservatee or ward includes support obligations of others, community property interests, and rights to trust or contract distributions.

The financial condition of the conservatee or ward for purposes of this rule includes: (A) The financial condition-to the extent of the information known or reasonably available to the conservator or guardian, or the petitioner for the conservator's or guardian's appointment, upon reasonable inquiry-of any person who has a duty to support the conservatee or ward, including a spouse, registered domestic partner, or parent. A divorced spouse's or divorced registered domestic partner's duty to support a conservatee and a parent's duty to support a ward under this subparagraph is limited to the amount of support ordered by a court. Consideration of a support order as an element of the conservatee's or ward's financial condition under this rule is subject to the provisions of Government Code sections 68637(d) and (e), concerning the likelihood that the obligated person will pay all or any portion of the support ordered by the court; (B) A conservatee's interest in community property that is outside the conservatorship estate and under the management or control of the conservatee's spouse or registered domestic partner; and (C) The right to receive support, income, or other distributions from a trust or under a contract.

Applies to

Fee waiver application

A conservator or guardian is the person who received the initial fee waiver and must report changes in the conservatee's or ward's financial condition.

Following the appointment of a conservator or guardian and the grant of an initial fee waiver based on the financial condition of the conservatee or ward, the conservator or guardian is the "person who received the initial fee waiver" for purposes of Government Code section 68636(a), whether or not he or she was the successful applicant for the initial waiver. The conservator or guardian must report to the court any changes in the financial condition of the conservatee or ward that affects his or her ability to pay all or a portion of the court fees and costs that were initially waived, including any changes in the financial condition of the persons or property mentioned in subparagraphs (1)(A) and (1)(B) of this subdivision of which the conservator or guardian becomes aware after reasonable investigation.

Applies to

Fee waiver application

A decedent's estate must pay previously waived fees and costs as an allowable expense of administration if the waiver is withdrawn.

If the financial condition of a decedent's estate is a change of financial condition of a fee waiver applicant under this rule that results in withdrawal of a previously granted initial waiver of fees in favor of a petitioner for the appointment of a personal representative, the estate must pay to the court, as an allowable expense of administration, the fees and costs previously waived.

Applies to

Fee waiver application

The court may collect previously waived fees from a conservatee's or ward's estate if it has the ability to pay, with notice and hearing required.

Upon establishment of a conservatorship or guardianship of the estate or person and estate, the court may collect all or a portion of court fees previously waived from the estate of the conservatee or ward if the court finds that the estate has the ability to pay the fees, or a portion thereof, immediately, over a period of time, or under some other equitable agreement, without using moneys that normally would pay for the common necessaries of life for the conservatee or ward and his or her family. The court must comply with the notice and hearing requirements of the second paragraph of Government Code section 68634(e)(5) to make the findings authorized in this paragraph.

Applies to

Fee waiver application

Reconsideration or modification of a fee waiver in a conservatorship of the person requires notice and hearing, with the conservator or guardian appearing on behalf of the conservatee or ward.

In a conservatorship or guardianship of the person, if the court seeks to reconsider or modify a court fee waiver previously granted based on collection, application, or consideration of support, assets, or income described in (e), it must proceed as provided in Government Code section 68636 and comply with the notice and hearing requirements of the second paragraph of Government Code section 68634(e)(5), including notice to the conservator or guardian, any support obligor, and any person in possession of the assets or income. The conservator or guardian must appear at the hearing on behalf of the conservatee or ward, and the court may also appoint counsel for the conservatee or ward under Probate Code section 1470.

Applies to

Fee waiver application

In civil actions where a conservator or guardian represents a conservatee or ward, the conservator or guardian must notify the court of changes in financial condition.

In a civil action in which a conservator or guardian is a party representing the interests of a conservatee or ward against another party or parties, for purposes of Government Code sections 68631.5, 68636, and 68637: (1) The conservator or guardian is the person with a duty to notify the court of a change of financial condition under section 68636(a) and the person the court may require to appear at a court hearing under sections 68636(b) and (c); (2) The conservatee or ward and the persons identified in subparagraphs (1)(A) and (B) of subdivision (e) of this rule is the person or persons whose change of financial condition or circumstances of which the court is to be notified under section 68636(a); and (3) The conservatee or ward is the person or party whose initial fees and costs were initially waived under sections 68636(c) and 68637.

Applies to

Fee waiver application

Applicants for fee waivers must complete forms FW-001-GC and, if applicable, FW-002-GC, including items 2a and 2b.

Conservators, guardians, and petitioners for their appointment applying for initial fee waivers under this rule represented by legal counsel, and their counsel, must complete the Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC), including items 2a and 2b, and, if a request to waive additional court fees is made, the Request to Waive Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-002-GC), including items 2a and 2b.

An electronic filing service provider may be allowed to charge electronic filers a reasonable fee in addition to the court's filing fee.

Allow the provider to charge electronic filers a reasonable fee in addition to the court's filing fee;

An electronic filing service provider may not require a credit or debit card or bank account information when a filer creates an account.

An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider.

While payment information cannot be required to open an account, a provider may require it before rendering services unless the services are covered by a court-granted fee waiver.

This provision applies only to the creation of an account and not to the use of an electronic filing service provider's services. An electronic filing service provider may require a filer to provide a credit card, debit card, or bank account information before rendering services unless the services are within the scope of a fee waiver granted by the court to the filer.

Fees charged by the court or an electronic filing service provider must be consistent with the fee provisions of Code of Civil Procedure section 1010.6.

Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6.

Applies to

Fee waiver application

This division's rules govern applications for an initial waiver of court fees and costs based on the applicant's financial condition.

The rules in this division govern applications in the trial court for an initial waiver of court fees and costs because of the applicant's financial condition.

Applies to

Initial fee waiver

"Initial fee waiver" is defined as the initial waiver of court fees and costs that may be granted at any stage of the proceedings, covering fees and costs under rules 3.55 and 3.56.

For purpose of the rules in this division, "initial fee waiver" means the initial waiver of court fees and costs that may be granted at any stage of the proceedings and includes both the fees and costs specified in rule 3.55 and any additional fees and costs specified in rule 3.56.

Initial fee waivers in probate matters (decedents' estates, conservatorships, guardianships) are governed by rule 7.5 rather than this division.

Initial fee waivers in decedents' estate, probate conservatorship, and probate guardianship proceedings or involving guardians or conservators as parties on behalf of their wards or conservatees are governed by rule 7.5.

Applies to

Fee waiver application

A fee waiver for a non-appointed petitioner continues for fees incurred in the petitioner's individual capacity.

An initial fee waiver for that petitioner continues in effect according to its terms for subsequent fees incurred by that petitioner in the proceeding solely in his or her individual capacity.

Applies to

Fee waiver application

The court may consider estate liquidity, support needs, and specific devises in determining estate financial condition for fee waiver purposes.

The financial condition of the decedent's, conservatee's, or ward's estate for purposes of this rule may, in the court's discretion, include consideration of: (A) The estate's liquidity; (B) Whether estate property or income is necessary for the support of a person entitled to a family allowance from the estate of a decedent, the conservatee or a person entitled to support from the conservatee, or the ward; or (C) Whether property in a decedent's estate is specifically devised.

Applies to

Fee waiver application

The court may order an equitable arrangement for payment of court fees, including a lien against distributable estate property.

If property of the estate is eliminated from consideration for initial court fee waiver purposes because of one or more of the factors listed in (1), the court may determine that the estate can pay a portion of court fees, can pay court fees over time, or can pay court fees at a later time, under an equitable arrangement within the meaning of Government Code sections 68632(c) and 68634(e)(5). An equitable arrangement under this paragraph may include establishment of a lien for initially waived court fees against property distributable from a decedent's estate or payable to the conservatee or ward or other successor in interest at the termination of a conservatorship or guardianship.

Applies to

Fee waiver application

Government Code section 68633(g) regarding counsel advancing court fees and costs applies to these proceedings.

Government Code section 68633(g)-concerning agreements between applicants for initial court fee waivers and their legal counsel for counsel to advance court fees and costs and court hearings to determine the effect of the presence or absence of such agreements on the applications-applies to proceedings described in this rule.

Applies to

Fee waiver application

Fee waivers expire on the later of termination of proceedings or discharge of the personal representative, conservator, or guardian.

and guardianships "Final disposition of the case" in decedent's estate, conservatorship, and guardianship proceedings for purposes of determining the expiration of fee waivers under Government Code section 68639 occurs on the later of the following events: (1) Termination of the proceedings by order of court or under operation of law in conservatorships and guardianships of the person; or (2) Discharge of personal representatives of decedents' estates and discharge of conservators or guardians

A court may permit credit cards, debit cards, electronic fund transfers, or debit accounts for civil filing fees associated with electronic filing, and may also authorize other payment methods.

A court may permit the use of credit cards, debit cards, electronic fund transfers, or debit accounts for the payment of civil filing fees associated with electronic filing, as provided in Government Code section 6159, rule 10.820, and other applicable law. A court may also authorize other methods of payment.

Eligible persons may seek a waiver of court fees and costs.

Eligible persons may seek a waiver of court fees and costs, as provided in Government Code sections 68630-68641, rule 2.252(f), and division 2 of title 3 of these rules.