ProbateCA's fee is discounted based on the size and nature of the estate. Unless the case is complex, the standard ProbateCa fee is one half the statutory fee on estates of over $300,000 or more and 75% of the statutory fee on estates less than $300,000. Please call us to discuss your situation and receive information about our services.
 

 Size of Estate

 Statutory

probateCA

$100,000

$4,000

$3,000 

$200,000

$7,000

$5,250 

$300,000

$9,000

$4,500 

$400,000

$11,000

$5,500 

$500,000

$13,000

$6,500 

$600,000

$15,000

$7,500 

$700,000

$17,000

$8,500 

$800,000

$19,000

$9,500 

$900,000

$21,000

$10,500 

$1,000,000

$23,000

$11,500 

$2,000,000

$33,000

$16,500 


 


Generally, fees in a probate case may be for the services of 1) the executor, 2) the probate attorney and 3) the appraiser. The specific fees schedules shown above are for the probate attorney only.
 

How much does a California probate action cost?
The California Probate Code sets the maximum statutory fees that attorneys can charge for a probate and for the executor's fees. Higher fees can be ordered by a court for more difficult cases. The fees listed above are the statutory fees used to compensate attorneys and executors in probate cases. ProbateCA discounted fees are shown for comparison. The statutory fee is determined by a formula that ranges from 4 percent to 1/2 percent of the estate assets, depending on the size of the estate. On the average, the fees are between 2 and 2.5 percent of the estate assets.

What does an executor do?
The executor is the person designated to administer all assets in order to settle the estate through probate. Since probate is a time-consuming and frustrating experience that requires numerous signatures and occasional court appearances, it is preferable to name an executor who resides in the state where the probate will be conducted. The executor should be only one person. The executor is usually a family member or trusted friend, but may be a bank trust officer or an attorney. The executor therefore works for the deceased's estate. The executor will still receive his or her full statutory fee which is based on the size and complexity of the estate. ProbateCA's fee schedule does not affect what the executor receives.

How much will an appraisal of the estate cost?
Estates are appraised by probate referees, who determine the fair market value of the asset. The fair market value includes mortgages and other debts, which can result in an appraisal of the property that is higher than the equity that the deceased owned in the property. Probate referees are appointed by the state controller's office and they receive a fee based on .1 percent of the assets that have been appraised. The appraisal fees must be paid before an estate can be closed.

What about Court costs?
In addition to the statutory attorney's fees, there are costs for court filing fees, appraisal fees, executor's fees, publication costs, and miscellaneous fees charged by the county. A typical estate might incur $1,000 in court costs and other mandated fees.

What are the advantages of probate?
The proceedings are controlled by a judge, who can decide disputes between heirs or between the heirs and the executor. Creditors are required to submit their claims against the estate within a four-month period, provided they have been notified of the probate. The executor is required, in most cases, to prepare a detailed accounting and report of the executor's activities.