Estate of Dennis P. Woodruff
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.