California Probate Fees

Probate fees California 2024

In 2024, California has established statutory probate fees that depend on the value of the estate being probated. These fees are structured as follows:

• 4% of the estate’s value for the first $100,000.
• 3% of the estate’s value for the subsequent $100,000.
• 2% of the estate’s value for the next $800,000.

This tiered fee system is applied when calculating the compensation for attorneys and executors involved in the probate process within the state.

How much does probate cost in California

Probate fees in California are calculated based on the estate’s gross value, with specific percentages applied to different value tiers, starting from 4% for the first $100,000 to 0.5% for amounts over $15 million.

How Much Is Probate In California

Probate fees in California are calculated based on the estate’s gross value, starting at 4% for the first $100,000, 3% for the next $100,000, 2% for the following $800,000, 1% for the next $9 million, and 0.5% for the next $15 million.

CA Probate Fees

CA probate fees are set by California probate code § 10810, which caps the maximum fees that attorneys and executors can charge for a probate. There are filing fees and a fee percentage (4%,3%,2%,1%,.5% based on the gross value of the probate estate); and can have other extraordinary fees like appraisals.

Probate code 10800

California Probate Code 10800 sets a fee schedule for probate attorneys and executors. These fees are settled using the decedent’s assets post-probate. At Hess Verdon, we clarify this legal process, guiding clients through obligations and implications, ensuring comprehensive understanding of the estate’s financial nuances.

Cost of probate in california

California probate fees are structured progressively based on the value of an estate’s assets: 4% for estates under $100,000, 3% thereafter and then 2% after $800,000. This reflects court involvement in validating wills and overseeing their distribution.

Probate Fees Cost Breakdown

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10810.&lawCode=PROB

*This probate fee calculator is for informational purposes only and should may not be considered nor relied on in place of legal advice as it is only a general estimate based on California Probate Code Section 10810’s general provisions and is not fact specific

Note:  And the fees above are on an uncontested probate with no complications.

How much does probate cost?

All probate fees are predetermined by the State of California.

California Probate Code § 10810 sets the maximum fees that attorneys and personal representatives (i.e. executors, administrators, etc.) can charge for a probate.

 Since statutory fees and costs will the same from attorney to attorney why not pick the best firm you can, One that has thousands of clients, great reputation, and a team of attorneys and paralegals. 

Now below is a breakdown that a Set of fees by the State of California estate planning firm will need to abide by.  That is why we say, “Pick the BEST Probate Law firm For Your Family”.  You deserve the best attention to detail during this trying time. 

We here at Hess-Verdon, are a “women-led” estate planning attorney firm with a staff of attorneys and paralegals ready to assist you.  We can also help you mitigate any litigation that may arise.

Here is another view of probate fees

Now, you can typically break the probate cost into two distinct parts. They are as follows:

Statutory Probate Fees (basic fees)

• Filing fees: $435.00 for each petition you have to file. Normally only 2:
  • Petition to probate
  • Petition for Final Distribution
• Publication fee: $100-200.00
• Certified Copies: $100.00
• Misc.: $100.00
• Extraordinary fees (these fees will be reviewed by the judge)
  • Fees can be based on the value of the estate
  • Difficulty of the extraordinary tasks performed and time spent
  • Results achieved, and
  • Did the results benefit the estate
• Appraisal fees
  • Typically .1% of the value of the appraised asset

And in California, the executor is paid executor fees in a sum equal to the statutory attorney fees unless the executor elects to waive these fees.

How long does it take to probate in California

Normally in the state of California, it can take between 12 months to 2+ years depending on the circumstance.  Of course, all costs are not derived from your own account, but from the proceeds of the deceased.   Here at Hess-Verdon & Associates, our legal staff will guide you through topics like “letters testamentary” and “court orders” to gain access to the deceased account.

How do I avoid unnecessary probate costs?

If you are the spouse of the deceased, you can save on probate costs by becoming the trustee and electing to forgo compensation. This way, you can save on taxable income and receive the entire inheritance tax-free.

How Much Does A Probate Lawyer Cost

Probate fees charged by lawyers are predefined by the courts. All attorneys will charge the same statutory fees.

How much does an executor of an estate get paid?

If you require an executor, you will have to pay them the same amount as the law firm charges. Consider understanding how to manage the process yourself if you are the spouse.

How do I avoid probate fees?

To avoid probate fees, it’s essential to have an estate plan, such as a trust. A trust outlines how the trustor/settlor intends to distribute the inheritance to their heirs and beneficiaries. If your loved one died without a trust, the courts will determine costs.

About Hess-Verdon & Associates, A Professional Law Corp:
Hess-Verdon & Associates, A Professional Law Corp, is a full-service law firm established in 1990. The firm is dedicated to a client-centered service philosophy, which has remained unchanged since its founding.