Estimated Probate Fees and Commissions in California
Please enter your information below to estimate probate attorney’s fees and executor commissions for the administration of estates valued over $150,000, but less than $25,000,000. A reasonable fee will be determined by the court for amounts exceeding $25,000,000.
In California, the fees for attorneys and personal representatives (executors or administrators) in probate cases are established by a statutory fee schedule outlined in California Probate Code Sections 10810 and 10811. The formula for calculating fees is based on the total value of the estate and is as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next nine million dollars
- ½ of 1% of the next fifteen million dollars
- Amounts above $25,000,000 are determined by the Court.
It’s important to note that the attorney and personal representative may request additional fees if they perform extraordinary services, subject to court approval.
The probate fees are calculated based on the value of property subject to probate administration. This typically includes real estate, business interests, investments, bank accounts, and personal property. Assets such as retirement accounts, life insurance, and those held in a living trust or with beneficiary designations are generally not subject to probate administration.
Important Disclosure: Please note that this probate fee calculator is provided for estimation purposes only and should not be considered as legal advice. The actual fees may vary based on the specific circumstances of the estate and any extraordinary services rendered. It’s always recommended to consult with a qualified attorney for personalized advice regarding probate matters.
California Probate: How Much Does It Cost?
If you or a loved one passes away without a trust, the estate may go through probate. Probate is a court process for distributing the assets of a deceased person, settling their financial affairs, and paying their debts. In California, an estate must be probated if the value of the individual’s assets exceeds $166,250 as per California Probate Code §10810.
The following probate calculator will give you a general idea of the cost involved in a California probate proceeding. These are the minimum fees that apply to an estate subject to probate. Attorneys and estate administrators may charge additional fees for extraordinary tasks that require significant time and effort, such as complex real estate sales, cleanup of hoarded properties, or resolving family conflicts.
To use the calculator, enter the estimated gross value of the estate, excluding debts, including investment and bank accounts, real estate, and personal property.
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