Q: In CA, what what happens to the probate fees if you, the sole beneficiary of the decedent's will, decide to waive them?
For example, In the case of a simplified probate where the decedent only had their share of the house that they shared with two other people (including the adult child) and that share were to be passed down to the adult child via Will. Since the adult child is entitled to receive that remaining portion of the house but would still have to get it probated to do so, however they decide to waive the probate costs to make sure not too much is taken out of the estate, where do the fees go if that is the case? And how would they still be paid after the estate is closed?
A: An administrator or executor can waive their fees. If they do so, the estate doesn't have to pay them. The fees for court filing, publication, appraisal, etc. will still have to come from the estate. So will any attorney fees. So, if you are the sole beneficiary and are appointed executor, you can waive your fees, but will still have to cover the other expenses.
Nina Whitehurst agrees with this answer
A: It depends on what fees you are taking about. If the executor's fees or administrator's fees are waived, then no one needs to pay them. But you cannot waive the fees required by the court. Those must be paid. I hope that helps!
Nina Whitehurst agrees with this answer
A: If the executor, administrator or personal representative waives their right to statutory fees, that simply increases the amount passing to the remainder beneficiaries of the estate (less expense, more money for the beneficiaries).
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