Probate Fees in California

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How Much Does Probate Cost in California?

The fees to administer a Probate Estate are statutory (i.e., they are set and imposed by law). In other words, they are set by the California legislature in Probate code sections 10810-10814. The fees are levied on the gross value of the Estate.

The Probate Statutory Fees are the same in the entire State of California, regardless whether you are working with a big law firm, or a sole practitioner. As such, selecting the most EFFICIENT legal representation is your best bet - you will pay the same Statutory fees anywhere, but the lawyer that concludes a probate case in the lease number of months will save you most money in court costs, the cost of bond, filing fees, and the cost of not having access to the estate property.

Here are some examples of statutory fees:

  • An Estate with a gross value of $500,000 will pay $13,000 to both the Estate Representative and to the Attorney
  • A $1 million dollar Estate will pay $23,000 to each, the Estate Representative, and to the Attorney
  • A $2 million dollar Estate will pay $33,000 to each
  • And $5 million dollar Estate will pay $63,000 to each

In addition to statutory fees which are awarded for “ordinary” services to the Estate, the Court can also award "Extraordinary" fees for services that fall outside the scope of “ordinary” administration. These additional fees are billed at the Attorney's hourly rate, and are subject to court approval. Extraordinary fees can be ordered in the event of:

  • Will Contest
  • Complex Real Estate Transactions
  • Sale of Real Property (specifically, court-confirmation sale)
  • Tax Controversies

In addition to Statutory and Extraordinary Fees, the Estate has to pay many Court Costs and other expenses, such as:

  • Filing and service fees
  • Probate referee fees
  • Publication fees
  • The cost of Bond premium

These costs add an additional several thousand dollars to the statutory (and extraordinary) legal fees to make Probate Administration notoriously expensive in addition to being very time-consuming.

If you have questions about the California Statutory Probate Fees and Extraordinary Fees - Call 424-383-8445 or reach out to our firm online to schedule a consultation with the Law Offices of Maria N. Jonsson.

Statutory Probate Fees in California

Here is an example of the California statutory fees (payable one half to the Estate Attorney and one half to the Estate Representative):

Gross Value of Estate

Probate Fees

$166,250

$11,975

$300,000

$18,000

$500,000

$26,000

$800,000

$38,000

$1,000,000

$46,000

$1,500,000

$56,000

$2,000,000

$66,000

$5,000,000

$126,000

$10,000,000

$226,000

 

Probate Code § 10810 (a)

Probate Code § 10810 (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the Estate accounted for by the personal representative as follows:

  • Four percent on the first one hundred thousand dollars ($100,000)
  • Three percent on the next one hundred thousand dollars ($100,000)
  • Two percent on the next eight hundred thousand dollars ($800,000)
  • One percent on the next nine million dollars ($9,000,000)
  • One-half of one percent on the next fifteen million dollars ($15,000,000)
  • For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the Court

For the purposes of this section, the value of the Estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on Estate property.

Probate Code § 10811 (a)

Probate Code § 10811 (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the Court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable.

Probate Code § 10813

Probate Code § 10813An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.

To learn more, contact the Law Offices of Maria N. Jonsson, PC. Call (424) 383-8445 or reach out to our firm online for a consultation.

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