Effective January 1, 2026, I charge a fixed fee of $6,500.00 fixed fee for a “clean” ex parte Heggstad petition under Probate Code Section 850. A “clean” petition is one where:
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- There are no interested parties that would object to the action being taken;
- All interested parties agree to waive notice of a hearing, and
- All interested parties consent to the petition.
There is an additional fixed fee of $2,000.00 if there is a current or remainder beneficiary of the irrevocable trust are minors (i.e. under the age of 18 years), incapacitated adults, or missing beneficiaries of any age who cannot be located. This additional fee is to pay for a court-appointed
“Guardian ad Liem” (i.e. GAL) to represent the interests of the minor, incapacitated adult, or missing person. - A separate GAL petition is required for each such person. Each additional GAL petition required is an additional $1,500.00.The total fixed fee(s) covers:
- Necessary face-to-face meetings and/or teleconferences;
- Gathering of necessary information to draft the petition;
- Drafting of petition, waivers of notice of hearing and consents of all interested parties;
- Coordination of the distribution of the petition draft and waivers of consents to all interested parties;
- Once all paperwork is completes, delivery of the completed petition the appropriate Court either in person or by e-filing, whichever is permitted or required;
- Once the order is signed by the Probate Court, obtain one or more certified copies of the Court order;
- Scan and email copy of certified Probate Court order, with delivery of original by mail to the Petitioner, Petitioner’s outside counsel, or wherever direct..
- (If there is a minor beneficiary, incapacitated adult beneficiary, or missing beneficiary) preparation of an ex parte Petition for Appointment of a Guardian Ad Litem (GAL) to represent the interests of the minor(s), payment of the attorney’s fee for the appointed GAL and filing fee for the Petition. Interaction with the GAL (providing copy of petition and obtaining signed consent form for filing with the modification petition.
My fixed fees include the payment of court filing fees, including one certified copy of the Court order granting the modification petition. If the fixed fee includes appointment of one or more guardians ad litem, the fee covers payment of the attorney’s fee of the appointed guardian ad litem and filing fees for the petition and a copy of the order.
Note: Additional certified copies of any Court order are $50.00.
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