Tentative Ruling: Estate of Dennis P. Woodruff

Case Number

22PR00408

Case Type

Hearing Date / Time

Tue, 11/14/2023 - 09:00

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.  The following defects must be corrected in order for the Court to approve the petition:

Statutory Fees are still Miscalculated.  The formula for calculation of statutory compensation is set out in Probate Code section 10800(a). Compensation is 4 percent on the first $100,000, 3 percent on the next $100,000, 2 percent on the next $800,000, 1 percent on the next $9 million, one-half of 1 percent on the next $15 million, and a reasonable amount to be determined by the court on amounts greater than $25 million.

Petitioner miscalculated the statutory fee for 2% of the next $800,000 and 1% of the next $9,000,000 (here $325,000).  Please recalculate and submit that recalculation via supplement.

The proper calculation is as follows:

4% of the first $100,000.00                        = $4,000

3% of the next $100,000.00                        = $3,000

2% of the next $800,000.00                        = $16,000

1% of the next $9,000,000.00                     = $2,250

½ of 1% of the next $15,000,000.00          = $0.00

Total statutory compensation                   = $25,250

It is recommended the court decrease statutory compensation to $24,500 for failure to accurately calculate the statutory fee in multiple filings.