Estate Planning

What Are the Fees for Probate in California?

STATUTORY PROBATE ATTORNEY'S FEE AND EXECUTOR'S COMMISSION

In California, the law sets the fee that an attorney can charge for ordinary legal services considered necessary to administer a Probate estate. (See California Probate Code Section 10810)  Such fees are the "statutory attorney's fee".   To calculate the statutory attorney fee the value of the Probate estate is the basis for calculation as follows:

1. Four percent on the first one hundred thousand dollars ($100,000),
2. Three percent on the next one hundred thousand dollars ($100,000),
3. Two percent on the next eight hundred thousand dollars ($800,000),
4. One percent on the next nine million dollars ($9,000,000),
5. One-half of 1 percent on the next fifteen million dollars ($15,000,000),
6. The court decides what is reasonable for amounts above twenty-five million dollars ($25,000,000).

As well as statutory fees, the court may need or the client may seek additional legal services involving administration of the estate, known as extraordinary services. On court approval, the attorney may collect added fees for extraordinary services.  Click here to see what it costs to avoid probate and establish a Living Trust.

California Statutory Probate Fees

These fees are based on the California Probate Code statutory fee schedule.

It's easy to see why the expense of having an attorney draft your living trust pales in comparison to the expense of probate.  Click here to see what it cost to establish a Living Trust and avoid the often unnessarry and high cost of probate.

Estate Value	Statutory Fee
$100,000	$4,000
$200,000	$7,000
$300,000	$9,000
$400,000	$11,000
$500,000	$13,000
$600,000	$15,000
$700,000	$17,000
$800,000	$19,000
$900,000	$21,000
$1,000,000	$23,000
$1,500,000	$28,000
$2,000,000	$33,000
$3,000,000	$43,000
$4,000,000	$53,000
$5,000,000	$63,000
$6,000,000	$73,000
$7,000,000	$83,000
$8,000,000	$93,000
$9,000,000	$103,000
$10,000,000	$113,000
$15,000,000	$138,000
$20,000,000	$163,000

What Are the Fees for Probate in California?

STATUTORY PROBATE ATTORNEY'S FEE AND EXECUTOR'S COMMISSION

In California, the law sets the fee that an attorney can charge for ordinary legal services considered necessary to administer a Probate estate. (See California Probate Code Section 10810)  Such fees are the "statutory attorney's fee".   To calculate the statutory attorney fee the value of the Probate estate is the basis for calculation as follows:

1. Four percent on the first one hundred thousand dollars ($100,000),
2. Three percent on the next one hundred thousand dollars ($100,000),
3. Two percent on the next eight hundred thousand dollars ($800,000),
4. One percent on the next nine million dollars ($9,000,000),
5. One-half of 1 percent on the next fifteen million dollars ($15,000,000),
6. The court decides what is reasonable for amounts above twenty-five million dollars ($25,000,000).

As well as statutory fees, the court may need or the client may seek additional legal services involving administration of the estate, known as extraordinary services. On court approval, the attorney may collect added fees for extraordinary services.  Click here to see what it costs to avoid probate and establish a Living Trust.

Advantages and Disadvantages of Probate

ADVANTAGES OF PROBATE: A judge controls the proceedings and decides disputes between heirs or between the heirs and the executor. Once notified of the probate, creditors have a four-month window to present claims against the estate. Usually the court has the executor to prepare an accounting and report of the executor's actions. This provides accountability to the court and cuts out the likelihood of a reneged trustee taking advantage of their position.

DISADVANTAGES OF PROBATE: The cost of probate is usually much higher the cost to administer of a living trust for an estate valued at the same amount. However, time can represent a more burdensome cost. It usually takes longer to probate an estate than to administer a trust. Most estates do not need court supervision unless disputes occur.

Click here to see what it costs to avoid probate and establish a Living Trust.