Alameda — Appendix C. - Conservatorship (Probate and LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender

Source: https://www.alameda.courts.ca.gov/system/files/local-rules/13-appendix-c-probate-fee-guidelines-eff-20260701.pdf

Local Rules of the Superior Court of California, County of Alameda Appendix C Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender

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

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.

When there is a difference, the provisions in the Appendix supersede the provisions in the main text of the local rules.

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

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Local Rules of the Superior Court of California, County of Alameda Appendix C Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the 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) Fees generally

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.

(b) Claims for case set up and investigation

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.

(c) Claims for extraordinary compensation on sales of real property

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.

(d) Estates with substantial non-liquid assets

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.

(e) Claims for extraordinary legal services

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.

(f) Miscellaneous fee provisions for final accounts where the conservatee or ward is deceased

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Local Rules of the Superior Court of California, County of Alameda Appendix C Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender

(1) 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.

(2) 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.

(3) 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.

(4) 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.

Appendix C amended effective July 1, 2024; adopted as Attachment C to Chapter 12 of the Local Rules effective July 1, 1999; previously amended effective January 1, 2004; previously reenacted and renumbered effective July 1, 2008; previously amended effective July 1, 2010; previously amended effective July 1, 2017.

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