FAQs

Assessor

What is a Supplemental (SB 813) Assessment?

Supplemental Assessments are one-time only assessments which supplement the regular annual assessment. They are created each time a property is reappraised due to a change in ownership or new construction. They are based on the difference between the prior and the new assessment. This/these bill(s) or refund(s) may cover from 1 to 17 months.

What is the Lien Date?

The lien date is the date the assessment becomes a lien on the property. All taxable property is put on the assessment roll as of this date. In the case of construction in progress, the value reflected is that of its stage of completion on lien date.

Legislation has established January 1 as the lien date beginning with the 1997-98 tax roll (from 1967 to 1996, the lien date was March 1).

If I add on to my home, will the whole property be reappraised?

No. Only the newly constructed portion will be assessed at its current value. The original portion will retain its adjusted base value.

My property value was reduced under Proposition 8. Now the assessment has increased. Why?

Proposition 8 provides that your taxable value does not exceed the current market value of the property. Once a value is reduced under Proposition 8, it is reviewed annually and adjusted according to the market value. Once the market value exceeds the adjusted base value, it will be restored.

Why are my neighbor's and my tax bills different when the houses are the same?

Proposition 13, passed by the voters in June 1978, established 1975 as the original base year value and requires that the base value of a property be established as of the date of change of ownership, or as of the date of completion of new construction. If you and your neighbor purchased your properties in different years or have different construction dates, your base values reflect different market values.

I had a boat, aircraft or unsecured business property which I sold after January 1. Do I still owe the taxes for the next fiscal year?

Yes. If you owned a boat or other unsecured property on the lien date, the taxes are your responsibility for the subsequent year. Payment of taxes is between buyer and seller.

BH CalAIM

How does the member or pre-release provider contact Siskiyou County Access Line (SCAL)?
  • Incarcerated members can call SCAL directly at 800-842-8979
  • Pre-release providers can also call SCAL at the number above to schedule the Warm Handoff; however, every effort should be made to include the inmate on the call.
What can a member expect when calling SCAL?

SCAL will collect identifying information, including the member’s full name, pre-release and post-release contact information and address, Client Information Number (CIN), and demographic information needed.

SCAL will also ask for the name, phone number and email address of the member’s pre-release provider.

The SCAL Member Services Representative will also ask a series of questions to ensure that the member meets the qualifications for enrolling in Specialty Mental Health Services or Substance Use Disorder (SUD) services.  For this reason, please allow for up to 15 minutes to complete the call.

If eligibility is met for one or more of the Siskiyou County Behavioral Health Plans, SCAL will offer the member and the pre-release provider an appointment time in the 14-day pre-release period to have a warm handoff with the post-release provider in each Behavioral Health Plan.

What is a Profession-to-Profession Warm Handoff?
  • This meeting is intended to introduce the member to the post-release provider.
  • It includes a discussion between providers and the member about the Health Risk Assessment and Reentry Care plan that was completed during pre-release services.
  • The post-release provider will confirm the appropriate level of care and schedule a post-release intake appointment and assist in coordinating transportation if needed.
  • Please ensure a consent for exchange of information between the pre-release provider and post-release provider is available at the time of the warm handoff meeting or ahead of the meeting when possible.
What information is needed to exchange member information between pre-release provider and post-release provider?
  • As soon as the Professional-to-Professional Warm Handoff appointment is made, the pre-release provider should send a copy of a Release of Information (ROI) form that indicates authorization for exchange of information between the pre-release and post-release provider.
  • ROI forms along with copies of the Health Risk Assessment and Reentry Care Plan should be sent to one of the email boxes below:

CalFresh

How do I submit verification documents?

Verification documents can be submitted several ways:

  • Online using BenefitsCal
  • By mail to Siskiyou County Health and Human Services Agency at 818 S. Main Street, Yreka, CA 96097
  • By fax to 530-841-2723
  • In person at 818 S. Main Street in Yreka
Where are my Food Stamps?

CalFresh benefits are electronically issued to your personal Electronic Benefits Transfer (EBT) Card. Benefits are available to you during the first ten days of the month, as long as you have turned in your paperwork on time.

I have moved to another County. Do I need to reapply in my new County of residence?

You do not need to reapply.  Just contact your worker and ask to have you case transferred.

My EBT Card is lost or stolen. Can I get another one?

Yes, contact Citicorp at 1-877-328-9677, 24 hours a day, 7 days a week to report a lost or stolen EBT card. A new EBT card will be issued to you, or you may contact your worker for a replacement.

My sister and her children moved in/out. Do I need to tell my worker?

This change is voluntary except when completing your Semi Annual Report or you CalFresh Renewal.

What kinds of things can I buy with my CalFresh EBT Card

CalFresh can buy food for human consumption and seeds and plants that produce foods for the household. CalFresh cannot buy: any non-food item, such as pet foods, soaps, paper products, and household supplies; alcoholic beverages and tobacco; vitamins and medicines; any food that will be eaten in the store; hot foods that are ready to eat; and any food marketed to be heated in the store.

CalWORKs

Where is my check?

Cash benefits are issued to the individuals Electronic Benefit Transfer (EBT) card. Cash benefits are issued the 1st, 2nd and 3rd day of each month

Why does my next door neighbor get more money than I do?

Every case is individual and it depends on the amount of income received and how many people are in the household.

I know someone who is cheating on their welfare. What can I do?

You need to contact the Special Investigations Unit to report potential fraud. This can be done by calling the Fraud Hotline at (530) 841-2705. You can remain anonymous.

I don't have a wage stub and I can't get one. What do I do?

You must contact your employer for a copy of some kind of verification of wages.  This is necessary to compute your benefits.

My husband/wife/boyfriend/girlfriend took my EBT card and left. What can I do?

To access your benefits on your EBT card a person must have both the EBT card and your Personal Identification Number (PIN). You must never share your PIN with anyone. Call 1-877-328-9677 to have your card replaced.

I quit my job. Will it affect my money?

You need to notify your worker immediately. This may affect your benefits.

By sister/brother moved in/out. Do I need to tell my worker?

Yes, this is very important to your case.

I got a notice that my benefits are stopping. What does it mean?

The notice should tell you why your benefits are stopping.   You can call your worker if you do not understand the notice.

I lost my SAR7. Can I get a new one?

Yes, you need to call your worker or go into the office to get a replacement. Also, if you don't receive one in the mail quarterly, it is your responsibility to get one in order to process your case.

How do I get training and is it free?

You and your case worker will work together to determine if training is appropriate. In some cases, tests may be run to find out what type of training is best suited for you. The training is provided by a number of agencies, depending on specific client needs. In most cases, the cost of the training is paid for by the CalWORKs program.

How come my friend hasn't been called in for Welfare-to-Work?

Each case is different. You don't know the circumstances of another person's case, and our employees cannot discuss another person's case with you.

What if I need temporary help and do not want to go on cash assistance?

The CalWORKs program offers Diversion Services to assist families with a temporary need to help avoid the necessity of going on the CalWORKs program. These services are offered to families who are working or have a job commitment and are in danger of losing their employment if the needs are not met.

Code Enforcement

Where and how do I submit a complaint?
  • Direct Complaint to appropriate department.  All Community Development complaints are sent to the Code enforcement officers.
  • The Building Division investigates unpermitted structures and other building code violations
  • Environmental Health Division responds to matters of food safety, sanitation, and hazardous material spills
  • The Planning Division addresses zoning violations, such as unpermitted land uses, inadequate setbacks, junk vehicles, and the cultivation of medical marijuana.
  • Other complaints are handled by appropriate departments.
  • Community Development requires all complaints be submitted in writing.
  • Use this Complaint Form and deliver to the Community Development Department at 806 South Main Street, Yreka, CA 96097, or email to code-compliance@co.siskiyou.ca.us.
What if I don't want anyone to find out who complained?
  • All complainants' identities are kept confidential and will not be disclosed to an outside party, except by court order.
  • It is requested that complainants include their name and contact information to assist code enforcement staff during the investigative process. Without this information, staff is unable to contact the complainant for additional information, should it be needed, and/or potentially gain access to private property where the alleged violation can be observed.
What happens if someone complains about me?
  • County staff will conduct an investigation to determine whether a violation of County Code exists.
  • Depending upon the nature of the case, this may entail a visit to the property where the alleged violation exists.
  • Unless it is a matter of immediate health and safety, County staff will always request permission to enter the property from the owner or other occupant of the property before doing so.
  • If staff is unable to obtain permission to enter, an inspection warrant will be obtained.
  • Following the preliminary investigation, the property owner and/or tenant will be contacted and a letter will be sent explaining the problem, how to correct the situation, and potential penalties for failing to do so.
  • The County will make every reasonable effort to work with the violator as long as progress toward abating the violation is occurring.
  • If efforts at resolution are ignored or delayed, a Notice to Comply and Order to Abate will be issued, followed by a citation. Potential penalties vary depending upon whether the case is addressed criminally, civilly, and/or administratively.
  • In all cases, the County will attempt to recover enforcement costs from the violator

Coroner

Why is the Coroner involved?

California State law empowers the Coroner to investigate the circumstances, manner, and cause of all sudden, violent or unexpected deaths. We also investigate when a decedent has not been seen by a physician within 20 days prior to death, or when a death occurs within 24 hours of the decedent entering the hospital. 

Where will my relative/friend be taken?

Usually they will be taken to the Mount Shasta Memorial Chapel & Park or Girdner Funeral Chapel.

 
830 Lassen Lane
Mt. Shasta, CA 96067
(530) 926-2131
 
or
 
202 South Oregon Street 
Yreka, CA 96097
(530) 842-3434
Why are they being taken there?

The investigation may require a physical examination of the decedent's body (autopsy). 

What is an autopsy?

An autopsy is an examination of a body after death using surgical techniques. An autopsy may be only an external examination, or it may be comprehensive. Sometimes an autopsy is limited to one organ system and sometimes all organ systems are examined. 

Will an autopsy be performed?

The Coroner or their representative will decide if an autopsy is necessary to establish the manner and cause of death. It may be possible to determine the cause of death without an autopsy. Sometimes an autopsy is required by law. Often an autopsy is necessary because the decedent's physician has questions about the decedent's medical problems and how those problems caused death. 

Who will perform the autopsy?

It is performed by a medical doctor, a Pathologist, who is specifically trained in this type of procedure. 

Will the autopsy affect funeral arrangements?

No. An autopsy should not in any way affect the final arrangements you choose. An autopsy does not change whether the decedent will be viewable for visitation. Your funeral director will guide you. 

How will an autopsy benefit me or my family?

An autopsy may find inheritable medical problems and help other family members through early diagnosis and treatment. It may help with regard to family planning. An autopsy may also provide evidence necessary for insurance claims or death benefits or criminal investigations. Information learned through an autopsy of one decedent may help save the lives of others with similar conditions. 

How long will it take before my relative/friend is released from the Coroner?

Generally, it should not take more than (5) five days. Your funeral director will coordinate this on your behalf. We will do our best to accommodate any special need to release the decedent sooner. 

Could there be a religious conflict?

Religious decisions are always very personal. You may wish to discuss the issues with relatives and your religious or spiritual advisor. Cultures are very diverse in their practices and beliefs. Please inform the Coroner's Office immediately of any special needs or concerns.  Call (530) 841-2900.  Telephone monitored 24/7. 

What about tissue/organ donation?

With the consent of next of kin, certain types of tissues may be donated, thereby helping others. The Deputy Coroner Investigator who has contacted you can provide additional information about this process. Donation of tissues must be arranged as soon as possible after death. 

Is it necessary for me to come to the Coroner's Office to identify the body?

No. In almost all cases visual identification is not required. Should it become necessary for you to come in or for you to provide records, such as dental x-rays, you will be contacted. 

Is viewing or visitation allowed?

Arrangements can be made at the mortuary for viewing or visitation upon authorization by the Coroner. 

When will a death certificate be available?

A death certificate is issued after the investigation is completed. Occasionally, extensive testing is required. An interim death certificate may be issued which allows interment. A final death certificate will be issued following completion of any investigation. 

Where can I obtain a death certificate?

Death Certificates are filed with the state by the Funeral Director. Should you require certified copies, they can be ordered through the mortuary. Telephone the Recorder's Office at (530) 842-8065.

Will a Coroner's Report be available?

Yes. You may obtain a copy by calling our office at telephone 530-842-8300 Monday through Thursday from 9:00 a.m. to 5:00 p.m. A fee may apply. 

How can personal possessions be claimed?

Personal possessions in the custody of the Coroner may be claimed by the legal next of kin. To avoid any inconvenience to you, call the Sheriff-Coroner's Office before coming in (530) 842-8300. You will be informed of any documents needed and of any other requirements. Property is available from 9:00 a.m. to 4:00 p.m., Monday through Thursday, except holidays. 

What items will not be released?

Contraband, such as illegal drugs or weapons. Contaminated clothing or other articles which may present a health hazard shall be destroyed for the safety of all persons involved. Some items may be retained as evidence of a crime. 

I need to enter my relative/friends residence, but it is sealed. What can I do?

If there is a seal on the residence, either verbal or physical, you need permission to break that seal. It is a misdemeanor to break a "CORONER'S SEAL" without permission of the Coroner. A Coroner's seal is placed to protect the decedent's property. It is not intended to deprive the legal heirs of their rights. 

What should I know?

Notify other kin and friends of the deceased. If the deceased has a Will, refer to it for potential instructions. Wills are often kept in Safe-Deposit Boxes, at home in a safe place, or at the office of the attorney who prepared the will. 

What do I do next?

Contact the funeral home. Call and make an appointment to speak with a funeral director. 

Who is the legal next of kin?

Power of Attorney is in the first position: a spouse is next. Next in line are the children of the deceased, who are equally related. Third in line are the parents of the deceased, equally. Siblings of the deceased are fourth in the order of kinship, all equally, without regard to the order of their birth. The next of kin are legally and financially responsible for the interment of the deceased. By law, the costs of interment take priority over all of the decedent's pending bills. 

Who is responsible for making arrangements for final disposition of the decedent?

The next-of-kin or other relative designated by law is required legally to make arrangements for final disposition of the remains. It is your obligation to make arrangements with the funeral home to determine if a cremation or other disposition of the remains.  Health and Safety Code Section (HSCS) 7103 (a) states: Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor.  Paragraph (c) of the same law reads: In addition, any person, registrant, or licensee described in subdivision a…is liable to pay the person performing the duty in his or her stead treble the expenses incurred by the latter in making the interment, to be recovered in a civil action.  Pursuant to HSCS 7104.1, you have thirty (30) days to make final arrangements.

General Assistance

When will I get my benefits?

Benefits are issued on the 1st, 2nd, and 3rd of each month to your EBT card based on case number.  Contact your worker for more information.

You can have your check stamped by the main office and you need to get a photo ID as soon as possible.

My neighbor receives General Assistance but doesn't attend Job Connection or job search. Why do I?

Every case is different and may have different requirements.

How can you ask me to look for work when I have no money? Can you help me out with clothing and transportation?

Contact your worker for information.

Do I have to pay back my General Assistance benefits?

Yes, General Assistance is a loan and must be repaid to the County.

LPS Conservatorships

How is it started?

Only designated mental health treatment facilities, agencies, or the Courts can make a referral to the Public Guardian for an LPS Conservatorship.  Only the Public Guardian can petition the Court for the initial appointment as Conservator.

How long does it take?

LPS matters are set for hearing and decided usually in less than 30 days.

Who is Appointed Conservator?

The Siskiyou County Public Guardian is the only authorized Conservator for a Temporary LPS referral in Siskiyou County. The Public Guardian's Office has latitude to recommend another named individual, i.e. a family member as Conservator for the general (1 year term) Conservatorship.

Duration of an LPS Conservatorship?

LPS Conservatorships automatically terminate after one year but may be renewed annually at a court hearing.

Who are the persons/ages served?

Persons of all ages, including children and older adults, may qualify for an LPS if they meet the legal criteria.

What is the Legal Criteria for an LPS Conservatorship?

Persons must meet the legal criteria of "grave disability", be a resident of Siskiyou County, have a qualifying, primary mental health diagnosis and be assessed by a designated facility as needing a Conservatorship. The Office of the Public Guardian makes the determination if a referral meets the legal criteria for a petition and the Court makes the ultimate decision if a Conservatorship is granted.

What is a Temporary Conservatorship?

Frequently known as a T-Con, only the Office of the Public Guardian can serve as the temporary Conservator for an LPS Conservatorship. During the temporary Conservatorship the Office of the Public Guardian has authority over the person and is responsible for investigating the need for a permanent Conservatorship, investigating all alternatives to Conservatorship and if a Conservatorship is needed, recommending who should be appointed.

What is a General Conservatorship?

A General LPS Conservatorship lasts for one year, or until a treating doctor or the Court determines that the Conservatee no longer meets the legal criteria for Conservatorship.  A petition for renewal of Conservatorship at the end of one year can be done if the Conservatee still meets legal criteria for Conservatorship and no viable alternatives exist.

What Medical Treatment can be authorized?

The Court usually authorizes mental health treatment only, including psychotropic drugs, even when against the will of the individual. The Court may also grant the Conservator authority to enforce treatment for routine medical care.

What Living Arrangements/Placements can be arranged?

The Conservator usually is authorized to place the Conservatee anywhere in California, including a locked mental health facility, if consistent with the treatment plan.

Medi-Cal/CMSP

Can I have other health insurance coverage and still be eligible for Medi-Cal or CMSP?

Yes, your other coverage will be filled first, and Medi-Cal/CMSP will then serve as a secondary coverage.

Will I be responsible to pay anything toward my medical care?

Depending upon your income level, you may be responsible for paying a portion of your medical care – this is called a "share of cost".  You may also be required to pay co-payments to the provider.

What do I do when providers do not credit us, husband and wife, for the family share of cost when my husband has CMSP and I have Medi-Cal?

Unfortunately, providers are supposed to use the lowest amount family share of cost; however, frequently providers use the share of cost for each person. This is a provider error and one the county is unable to correct or do anything about. You must ask your provider to correct the error.

How do I get last month's medical bills paid?

You can request retroactive coverage for Medi-Cal for up to 3 months and up to 1 month for CMSP. There are no retroactive benefits for Covered California.

Why do I have to go through Child Support in order to be eligible for Medi-Cal?

The County is required to verify whether or not the absent parent has insurance coverage for the children only. Medi-Cal is not attempting to establish child support for the children.

Pre-Approved Plans

How much are the plans?

The pre-approved plans are free for the public to use, but printing costs may apply.  

What if I live in a City and not the unincorporated County? Can I use these plans?

​​​​​​Yes, all cities within Siskiyou County are eligible to use these plans, but you will need to check with the city you live in to see if there are any additional requirements.

Can I use these plans outside of the County?

No these plans are only approved for use within Siskiyou County.

What are Accessory Dwelling Units (ADUs)?

ADUs used to be called second units, in-law units, or granny flats.  They are smaller homes that are an accessory to the main home on the property.

Where are Accessory Dwelling Units (ADUs) allowed?

ADUs are allowed within all residential and agricultural zoning districts. If there is an existing home on your lot, please check with Environmental Health to verify that the well and septic capacity is adequate for an additional unit.

Can these plans be used for ADUs?

Yes, all plans except the 3bed/2.5-bath can be used as an ADU.

Can I connect my ADU to my existing septic system?

You will need to contact Environmental Health to determine the capacity of the existing system.

Do I still need to pay school fees?
  • Yes. School development fees are required with newly constructed building built for human habitation as required per Educational Code 17620-17626.
  • School fees may be waived by the local school district if constructed as a replacement for a residence that was destroyed by a natural disaster or fire.
  • Contact your local school for any additional information they may have.

Probate Conservatorship

How is it started?

Any interested party can make a probate referral to the Public Guardian. Likewise, any interested party can petition the Court to become the Conservator. Before doing so, however, family members should consult with an attorney. In Siskiyou County, the Public Guardian accepts referrals from Adult Protective Services (APS).

How long does it take?

Probate matters can take 30 to 60 days to establish.

Who is appointed Conservator?

The Public Guardian is usually appointed on petitions it files. Probate Conservatorship petitions may be filed by private individuals or by agencies on their own behalf.

What is the duration?

Probate is indefinite but Conservatee or Conservator may petition the Court for termination at any time.

Persons/Ages served?

Probate Conservatorship is restricted to adults, age 18 and older who meet the legal criteria described above (Guardianship is available for minors). Generally, Probate Conservatorships involve frail elderly or dependent adults.

What is the Legal Criteria for a probate Conservatorship?

Established for a person who is unable to meet their needs for physical health, food, clothing or shelter or for persons "substantially unable to manage their financial resources" or resist fraud or undue influence. The person must also be a Siskiyou County resident.

What Medical Treatment can be authorized?

The Court often grants to the Conservator the exclusive authority to make most medical decisions, such as surgeries, but not involuntary mental health treatment decisions.

What Living Arrangements/Placement can be arranged?

The Conservator is usually authorized to place the Conservatee anywhere in California consistent with treatment needs, except in a mental health treatment facility.

Public Administrator

What is the Public Administrator?

The Public Administrator serves in a fiduciary capacity to provide professional estate management services to county residents who pass away without someone willing or able to handle their affairs.  The powers of the Public Administrator are mandated by the Probate Code of the State of California.

When is an estate handled by the Public Administrator?

The Public Administrator may be appointed under the following circumstances:

  • When no Executor or Administrator has been appointed and the property is at risk of waste, loss, or misappropriation.
  • When appointed by the Court.
  • When an heir nominates the Public Administrator or a Will names the Public Administrator as Executor.
  • When there are no known heirs of the estate.
  • For an heir who resides outside of the State of California and requests the Public Administrator.
  • When the named Executor fails to act on a Formal Probate and no other person has a preferred right.
  • In situations where the person with priority to act is not a resident of the United States.
What is a Summary Estate proceeding?

California law allows a Public Administrator to act as administrator of estates where the total value of the estate does not exceed $166,250.00.  This Summary proceeding may be utilized exclusively by the Public Administrator.  The minimum fee is $1,000.00.  This proceeding is considerably more economical and efficient than a Formal Probate.

Categories of Estates Handled by the Public Administrator

A.  Indigent Estates

      These are estates without sufficient funds for disposition of the Decedent's remains and no heirs to take care of disposition arrangements.  In situations where the assets of an estate are not sufficient to pay for disposition, the law requires disposition by the relatives of the decedent.  If there are no relatives or other persons to act, the County assumes that responsibility.

B.  Summary Estates

      (1)  Estates not exceeding $50,000.00 in value.  The Public Administrator may act without court authorization to marshal and distribute the assets of these estates pursuant to the Probate Code.

      (2)  Estates valued at $50,000.00 to $166,250.00.  The Public Administrator may act after an exparte application seeking authority to summarily dispose of a small estate is approved by the court.

C.  Formal Probate

      These are estates over $166,250.00 in value.  An estate of this size is handled by the Public Administrator under the jurisdiction of the Superior Court.  The proceeding commences from the first filing of a petition and appointment of the Public Administrator.  Other procedures subject to court approval include proving a Will, sale of property, paying taxes, and distribution of assets.  An accounting is completed and submitted to the court to show what was done before the Public Administrator is discharged.

What is the overall objective of the administration of an estate?

The overall objective of the administration of an estate is to

  1. Collect a decedent's assets (including partially owned assets)
  2. Determine and pay the debts, expenses, and taxes
  3. Distribute the balance of the assets to the persons (sometimes trusts) entitled to them.
When is the estate administration concluded?

The length of time for case investigation, administration of estate (sale of personal and real property), determination of heirship, final accounting and distribution of assets is from 12 months (an all cash estate) to 18-24 months for the average case (some cash, bank accounts, stock, real property).  Since Court approval is mandatory for particular actions, some time periods are simply "wait time" to be heard in Court.  The Public Administrator, just as a private attorney, must request and then be assigned a calendar date.  The estate is ready to close when there are no longer any assets in the name of the decedent, or the estate and any court-administered estate has been closed.

Who is the Representative?

When a probate is required (usually due to over $166,250.00 assets in the decedent's name only), a representative must be appointed by the Court.  The representative is called an "Executor" when there is a Will or an "Administrator" when there is no Will.  Other states use the generic term "legal representative".  This representative may be an individual(s) or a bank have trust powers, or a combination of both.  When there is no Will, the Court may appoint the closest relative(s) of the decedent who is willing and able to act or an individual or office nominated by the closest relative.

Often, the named Executor declines to act and nominates the Public Administrator to handle the estate.

What does the Representative do?

It is the Representative's duty to collect and manage assets, keep records, pay debts and expenses, compute and pay income, death, and other taxes, and distributes the estate assets to the persons (sometimes trusts) entitled to them, all under supervision of the Court.  Duties are performed with the ready assistance and advice of professionals (attorney, accountant, investment counsel, real estate consultant, etc.).  The Representative acts in the decedent's stead to collect, manage, and then distribute his/her estate according to the Will or intestate laws.

What fees is a Representative entitled to?

The Representative is entitled to a fee for services performed.  In California, the probate fee is set by the Probate Code based on the value of the estate.  Charges for extraordinary services (legal litigation, special property handling) may also be charged.

The fee schedule is set by statute as follows:

Estate Asset Fees

  •                   4% of the first $100,000.00
  •                   3% of the next $100,000.00
  •                   2% of the next $800,000.00
  •                   1% of the next $9,000,000.00

The law also provides for statutory attorney's fees based on the same fee schedule as that of the Administrator.

This schedule covers ordinary services calculated on the "estate accounted for" or gross estate.

Extraordinary fees may be charged for extra services (tax work, litigation, and matters outside normal services).  These fees are based primarily on time and labor required at standard hourly rates at time of service.  Charges may vary (different rate for attorney time versus that of an associate) and depending on type of work performed.  All fees are subject to Court approval and not paid until so approved.

What are examples of extraordinary fees?

Tax work, litigation, matters outside normal services such as preliminary distributions, complex accountings or investigations.

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