Fee petition mechanics · Updated June 2026
California decedent's estate probate extraordinary services attorney fee petition mechanics: California Superior Court Probate Division DE case number as primary Welch anchor under Prob. Code § 10800 and § 10810, § 10810 extraordinary services lodestar fee documentation advisory, and decedent's estate fee petition advisory
California decedent's estate probate solos billing on Prob. Code § 10810 extraordinary services fees — whose time records must satisfy the contemporaneous-documentation standard required by Hensley v. Eckerhart, 461 U.S. 424 (1983) for any § 10810 extraordinary services fee petition, with the California Superior Court Probate Division decedent's estate case number (DE case number — the case opened when a petition for probate of estate is filed under Prob. Code § 8000 after the decedent's death and the court issues Letters Testamentary or Letters of Administration) as the primary Welch temporal anchor (decedent's estate probate is the only practice area in the fee-petition-mechanics series where the primary Welch anchor is in the CALIFORNIA SUPERIOR COURT PROBATE DIVISION DECEDENT'S ESTATE with a DE case number — distinct from the PT trust case number governing living trustee obligations to living beneficiaries in the california-trust-litigation-probate-code practice area; distinct from the CONS conservatorship case number governing a living incapacitated person in the conservatorship-probate-code practice area; distinct from PACER/CM/ECF used in ERISA and bankruptcy; distinct from CRD, LWDA, DLSE, and all regulatory administrative databases in the series; and the only practice area in the entire series with a TWO-TIER FEE STRUCTURE — Prob. Code § 10800 statutory percentage fee from gross estate value requiring IPAC appraisal documentation, running parallel to § 10810 extraordinary services lodestar requiring contemporaneous time records for each extraordinary services category) — generate three billing gaps driven by advisory calls arriving on external calendars outside counsel's control: DE case filing and § 10800 statutory percentage base and § 10810 extraordinary services identification advisory calls arriving on the Probate Division DE case opening calendar (7 active clients × 2 calls × 42 min × 55% untracked ≈ 5.39 hrs = $1,617–$2,695/year at $300–$500/hr), estate administration proceedings and § 10810 extraordinary services lodestar documentation advisory calls arriving on the estate administration calendar at each extraordinary services event (6 clients × 3 calls × 44 min × 55% untracked ≈ 7.26 hrs = $2,178–$3,630/year), and § 10810 extraordinary services fee petition and § 10800 statutory fee petition and Ketchum multiplier advisory calls arriving on the § 10811 fee petition calendar at estate closing (5 clients × 2 calls × 44 min × 55% ≈ 4.03 hrs = $1,210–$2,017/year). For a solo California decedent's estate probate practice, the annual billing gap from advisory call underlogging is $5,005–$8,342.
TL;DR
ClaimHour captures every California Probate Division DE case opening advisory call that starts the § 10810 extraordinary services lodestar documentation period and the § 10800 IPAC gross estate value documentation obligation, every estate administration extraordinary services advisory call arriving on the litigation, tax, real property sale, and creditor dispute calendars, and every § 10810/§ 10800 fee petition and Ketchum multiplier advisory call arriving at estate closing — passively, no timer, no audio, no call contents. $29–$59/mo. No PMS required.
DE case filing and § 10800 statutory percentage base and § 10810 extraordinary services identification advisory: calls on the Probate Division DE case opening calendar
The California Superior Court Probate Division decedent's estate case — the DE case number opened when the personal representative's petition for probate is filed under Prob. Code § 8000 and the court issues Letters Testamentary (testate) or Letters of Administration (intestate) — is the primary Welch temporal anchor for California decedent's estate probate attorney fee billing documentation. Decedent's estate probate is the only practice area in the fee-petition-mechanics series where the primary Welch anchor is in the CALIFORNIA SUPERIOR COURT PROBATE DIVISION DECEDENT'S ESTATE (DE case number). This DE case is entirely distinct from: PT trust case number (Prob. Code § 17000 et seq. — living trustee obligations to living beneficiaries under a private express trust; §§ 17211(b) and 859 mandatory fee statutes — primary Welch anchor in california-trust-litigation-probate-code practice area); CONS conservatorship case number (Prob. Code § 1800 et seq. — court-supervised protection of a living incapacitated person; § 2640 lodestar compensation for conservatorship attorneys — primary Welch anchor in conservatorship-probate-code practice area); PACER/CM/ECF (federal court docket — primary Welch anchor in ERISA and bankruptcy practice areas); California Secretary of State BizFile (corporate entity registry — primary anchor in shareholder inspection practice area); and every state and federal regulatory administrative database in the series. The DE case arises exclusively upon death — the personal representative petitions under § 8000, the Probate Division clerk opens the DE case, and the court issues Letters that vest the personal representative with authority to act on the estate's behalf. The DE case number appearing on Letters Testamentary or Letters of Administration is the governing case identifier for all subsequent probate proceedings: the § 8800 Inventory and Appraisal, the § 9000 creditor claim period, any § 10310 court authorization for estate transactions, and the ultimate § 11600 petition for final distribution. The DE case filing date is therefore the earliest compensable advisory billing hour — and the primary Welch anchor — for the entire probate engagement.
Three DE case filing and § 10800/§ 10810 advisory call types generate untracked billing at case opening: (1) Petition for probate filing and Letters Testamentary/Administration advisory — arrives when the personal representative retains counsel to file the § 8000 petition (requiring Prob. Code § 8000 petition for probate of will or § 8002 petition for letters of administration; § 8110 Notice of Petition to Administer Estate — publication in newspaper of general circulation and service on known heirs and devisees; § 8200 Notice of Petition to Administer Estate filing proof; § 8400 court hearing on petition; court issuance of Letters Testamentary (testate under § 8400) or Letters of Administration (intestate under § 8460); DE case number as primary Welch anchor for § 10810 extraordinary services lodestar and for § 10800 statutory percentage base documentation; earliest advisory call in the engagement — 42–48 min); (2) § 8800 Inventory and Appraisal and § 10800 statutory percentage base calculation advisory — arrives within the § 8800 four-month IPAC filing deadline from Letters issuance (requiring Prob. Code § 8800 Inventory and Appraisal filing within 4 months of Letters issuance; § 8802 inventory of all estate property — real property, bank accounts, investment accounts, business interests, personal property; § 8850 filing of inventory with court; § 8902 appraisal by court-appointed probate referee — court-appointed under § 8920; § 10800 statutory percentage calculation from gross estate value at date of death — includes real property at § 8902 appraised fair market value, NOT net value after deducting mortgages or debts; Estate of Mann (1986) 184 Cal.App.3d 593 gross estate value as § 10800 base; § 10800 percentage tiers: 4% on first $100,000; 3% on next $100,000; 2% on next $800,000; 1% on next $9,000,000; 0.5% on next $15,000,000; IPAC documentation as the parallel gross-estate-value track running alongside the § 10810 lodestar track — 42–48 min); (3) § 10810 extraordinary services identification and documentation strategy advisory — arrives at DE case opening when counsel identifies which administration tasks will exceed ordinary services (requiring § 10810(a) litigation identification: any pending lawsuit against decedent, any claim of the estate against third parties, any will contest, any beneficiary dispute — each creates a separate § 10810 lodestar period with its own secondary Welch anchor date; § 10810(b) estate tax identification: gross estate over $13.61M federal estate tax threshold triggers Form 706 preparation and potential IRS audit; § 10810(c) income tax advisory: Form 1041 estate income tax returns for income earned after death during administration period; § 10810(d) real property sale identification: any estate real property requiring court-confirmed sale under § 10308 creates a separate § 10810 extraordinary services period; § 10810(e) business continuation: court authorization under § 9761 for business operation; § 10812 catch-all for complex matters not enumerated in § 10810(a)–(h); documentation strategy: open a separate lodestar clock for each § 10810 category from the earliest date services in that category began — 42–48 min). At 55% untracked: 7 clients × 2 calls × 42 min × 55% = 323.4 min / 60 = 5.39 hours = $1,617–$2,695/year at $300–$500/hr.
Estate administration proceedings and § 10810 extraordinary services lodestar documentation advisory: calls on the estate administration calendar
The estate administration calendar — set by the § 9000 creditor claim deadline (four months after first publication of Notice of Petition, or 60 days after actual notice to known creditors, whichever is later), the § 9154 creditor claim court hearing schedule, the § 10308 real property sale confirmation hearing calendar, the federal estate tax due date (nine months after death, or 15 months with extension), and the Form 1041 estate income tax filing calendar — governs the phase during which extraordinary services events arise. Each extraordinary services event creates a secondary Welch anchor date: the date on which the particular § 10810 category service began (litigation filing date, tax proceeding opening date, real property listing date, creditor dispute notice date). The secondary Welch anchors run from the DE case filing date as primary anchor through each extraordinary services event. Estate of Trynin (1989) 48 Cal.3d 826 — the court must find that extraordinary services were actually rendered AND were necessary to administration of the estate; services that were performed but were not necessary to administration will not support an extraordinary services fee award even if they fall within § 10810 categories. Estate of Hilton (1996) 44 Cal.App.4th 890 — detailed contemporaneous time records are required for each § 10810 extraordinary services category; the court will not award § 10810 fees based on reconstructed records or summary estimates.
Three estate administration and § 10810 extraordinary services lodestar documentation advisory call types generate untracked billing throughout administration: (1) § 10810(a) estate litigation and separate lodestar advisory — arrives when an estate lawsuit is filed or when a creditor files a complaint against the estate (requiring § 10810(a) litigation on behalf of the estate: will contest under § 8270 (interested person may contest validity of will); beneficiary or heir dispute under § 11700 (objections to petition for final distribution); creditor complaint against personal representative for improper asset management; Prob. Code § 9820 compromise of disputed claims authorization — any settlement over $5,000 requires court approval; Hensley v. Eckerhart 461 U.S. 424 (1983) separate lodestar for § 10810(a) litigation category from litigation filing date through resolution; PLCM Group 22 Cal.4th 1084 California prevailing market rate for § 10810(a) litigation hours; Ketchum v. Moses 24 Cal.4th 1122 (2001) positive multiplier for § 10810(a) litigation component when novel estate law issue or contested multi-party litigation justifies enhancement; § 10811 petition to separately identify § 10810(a) litigation hours distinct from other extraordinary services and from § 10800 ordinary administration hours — 44–50 min); (2) § 10810(b)/(c) estate tax and income tax proceedings advisory — arrives at estate tax filing deadlines, IRS audit notice receipt, or Form 1041 income tax advisory events (requiring § 10810(b) estate tax proceeding: federal Form 706 estate tax return due 9 months after death for gross estates over $13.61M (2026 threshold); § 6166 election for deferred payment of estate taxes for closely held business interests; IRC § 2032A special use valuation for farm or business real property; IRS estate tax audit notice — each audit inquiry creates a new § 10810(b) secondary Welch anchor; § 10810(c) tax advice: Form 1041 U.S. Income Tax Return for Estates and Trusts — required for any estate with gross income over $600 during administration; IRC § 643 distributable net income calculation; IRC § 661/§ 662 estate income distribution deductions; carryout of estate income tax attributes to beneficiaries at final distribution; § 10810(b)/(c) tax advisory Hensley lodestar requires segregation between estate tax work (§ 10810(b)) and income tax work (§ 10810(c)) in the § 10811 petition — 44–50 min); (3) § 10810(d) real property sale confirmation and § 10810(h) creditor claim advisory — arrives at real property listing and sale confirmation hearings or when contested creditor claims require court determination (requiring § 10810(d) real property sale: any sale of estate real property not authorized by will requires court confirmation petition under § 10308; § 10300 personal representative's authority to sell without court confirmation if will grants independent administration powers under § 10403 (IAEA); § 10308 court confirmation hearing — overbidding at confirmation hearing; § 10315 court order confirming sale; § 10810(d) extraordinary services lodestar for real property sale preparation, broker coordination, listing agreement review, confirmation petition preparation, and confirmation hearing attendance; § 10810(h) creditor's claims against another estate: Prob. Code § 9000 filing period; § 9150 court determination of contested claim; § 9154 hearing on contested creditor claims; each contested creditor claim creates a secondary § 10810(h) Welch anchor at the date the claim is filed or contested — 44–50 min). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.
§ 10810 extraordinary services fee petition and § 10800 statutory fee petition advisory: calls on the § 10811 fee petition calendar
Prob. Code § 10811 — the formal petition for attorney's fees covering both § 10800 ordinary compensation and § 10810 extraordinary compensation — requires court approval for all attorney fees in the estate, including both the § 10800 statutory percentage (which is otherwise automatic upon the gross estate value calculation) and the § 10810 extraordinary services fees (which require a full lodestar showing). § 10811 thus creates the only fee petition in the fee-petition-mechanics series that simultaneously combines a non-lodestar automatic percentage component (§ 10800) and a Hensley-compliant lodestar component (§ 10810) in a single court petition. For the § 10800 ordinary compensation component, the § 10811 petition documents the gross estate value from the IPAC appraisal filed under § 8800, applies the § 10800 percentage tiers, and states the resulting statutory fee. No contemporaneous time records are required for the § 10800 ordinary compensation; the IPAC documentation is the operative evidentiary foundation. For the § 10810 extraordinary services component, the § 10811 petition must contain the Hensley-compliant lodestar documentation: (i) the DE case filing date as primary Welch anchor; (ii) each § 10810 category with its secondary Welch anchor date; (iii) contemporaneous time records for each category; (iv) the hourly rate supported by PLCM Group 22 Cal.4th 1084 California prevailing market rate evidence; (v) Ketchum v. Moses 24 Cal.4th 1122 (2001) positive multiplier analysis for categories where novel issues, exceptional complexity, or litigation uncertainty justifies enhancement; (vi) necessity-to-administration finding under Estate of Trynin 48 Cal.3d 826; and (vii) Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees for hours spent preparing the § 10811 petition itself. Estate of Hilton (1996) 44 Cal.App.4th 890 requires detailed time records — not reconstructions or summaries — for the court to allow § 10810 extraordinary services fees.
Two § 10811 fee petition advisory call types generate untracked billing at estate closing: (1) § 10810 extraordinary services lodestar assembly and Ketchum multiplier advisory — arrives when counsel is preparing the § 10811 petition (requiring assembly of all § 10810 category lodestar records from DE case filing date through each secondary Welch anchor through estate closing; Ketchum v. Moses 24 Cal.4th 1122 (2001) Ketchum multiplier analysis for each § 10810 category: litigation complexity multiplier for § 10810(a) contested estate lawsuits; novel tax issue multiplier for § 10810(b)/(c) complex estate or generation-skipping tax proceedings; real property sale contingency multiplier for § 10810(d) contested court confirmation proceedings; PLCM Group 22 Cal.4th 1084 California prevailing market rate by specialization: probate litigation counsel typically commands higher hourly rates than general administration counsel; Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar calculation: hours reasonably spent × reasonable hourly rate for each § 10810 category; Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees: hours spent preparing the § 10811 petition itself are compensable under § 10810 and must be included in the petition — 44–50 min); (2) § 10800 statutory percentage and § 10811 ordinary compensation petition advisory — arrives when the IPAC gross estate value documentation must be converted to the § 10800 statutory percentage and petitioned to the court under § 10811 (requiring § 10800 percentage calculation from IPAC gross estate value: 4% × first $100,000 + 3% × next $100,000 + 2% × next $800,000 + 1% × next $9,000,000 as applicable; Estate of Mann (1986) 184 Cal.App.3d 593 gross estate value is the § 10800 base — NOT reduced for mortgage or debt; § 10810 and § 10800 amounts stated separately in the § 10811 petition; court approval required for both components; notice to interested persons of § 10811 petition under § 10811(a); hearing on § 10811 petition — court may reduce fees if extraordinary services were not necessary or not actually performed per Trynin; timing: § 10811 petition usually filed concurrently with petition for final distribution under § 11600 so court can approve fees and authorize distribution in a single hearing — 44–50 min). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.
How ClaimHour fits California decedent's estate probate practice
California decedent's estate probate solos billing on Prob. Code § 10810 extraordinary services fees and § 10800 statutory percentage fees — with DE case opening and § 10800 IPAC gross estate value and § 10810 extraordinary services identification advisory calls arriving on the Probate Division DE case opening calendar, estate administration extraordinary services lodestar documentation advisory calls arriving on the litigation, tax, real property sale, and creditor dispute calendars throughout administration, and § 10810 extraordinary services fee petition and § 10800 statutory percentage petition and Ketchum multiplier advisory calls arriving on the § 10811 petition calendar at estate closing — and if your § 10810 extraordinary services lodestar documentation must satisfy Hensley specificity from the California Superior Court Probate Division DE case filing date (the only CALIFORNIA SUPERIOR COURT PROBATE DIVISION DECEDENT'S ESTATE DE CASE primary Welch anchor in the fee-petition-mechanics series — distinct from PT trust cases, CONS conservatorship cases, and all federal and regulatory database primary Welch anchors), through every § 10810(a)–(h) extraordinary services event with its secondary Welch anchor, through the § 10811 fee petition, ClaimHour was built for that gap.
Related questions
Why is the DE case number different from the PT trust case and the CONS conservatorship case as the primary Welch anchor in the Probate Division?
The DE case number is opened when a person dies and a personal representative petitions for probate under Prob. Code § 8000 — it involves administering a deceased person's estate for distribution to heirs and devisees. The PT trust case number is opened when a living beneficiary petitions the Probate Division regarding a living trustee's conduct under a private express trust under § 17000 et seq. — it involves ongoing trustee duties to living beneficiaries, not estate administration. The CONS conservatorship case number is opened when a petitioner seeks court-supervised protection for a living incapacitated person under § 1800 et seq. — it involves a living person, not a decedent's estate. The fee statutes differ across all three: DE case uses the two-tier § 10800 statutory percentage + § 10810 extraordinary services lodestar; PT case uses § 17211(b) and § 859 mandatory fees based on bad faith; CONS case uses § 2640 court-supervised lodestar compensation. Each has a distinct case number, docket, hearing calendar, and fee structure within the same Probate Division courthouse.
How does the § 10800 statutory percentage base calculation from the IPAC gross estate value work, and why does it run parallel to but separately from the § 10810 extraordinary services lodestar?
The § 10800 statutory percentage is calculated from the gross estate value established by the § 8800 Inventory and Appraisal — the total fair market value of all estate property at the date of death, appraised by the court-appointed probate referee under § 8902, filed with the court within four months of Letters issuance. The § 10800 percentage tiers are: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000. This calculation is automatic from the IPAC gross value — no contemporaneous time records are required for the § 10800 base. The § 10810 extraordinary services fee is separately computed using a Hensley-compliant lodestar — contemporaneous time records for each extraordinary services category (litigation, tax, real property sale, etc.) multiplied by the prevailing market hourly rate (PLCM Group), with Ketchum multiplier analysis. The two tracks must run simultaneously from DE case filing date because the § 10811 petition must state both components to the court, and forfeiting either track forfeits those fees: failing to file IPAC promptly or accurately undercuts the § 10800 base; failing to keep contemporaneous time records throughout administration forfeits the typically larger § 10810 extraordinary services component.