California Probate Fees
If you have been named an executor of someone’s will, or if you will seek an appointment as administrator of a deceased person’s estate, then you will need to understand California probate fees and how they work. Should you have any questions, Hess-Verdon & Associates are here to assist you in your probate matter just call our office at 949-706-7300. If you are in need of a probate litigation attorney, we are here to help.
We have created a shortlist of topics you should know to understand how to pick a probate law firm that is best suited for your family.
So let’s get started.
CAlifornia Probate Fees
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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 Fees Cost Breakdown
|Probate Fees Chart: (Gross Estate)|
|4% of the first $100,000.00|
|3% of the next $100,000.00|
|2% of the next $800,000.00|
|1% of the next $9,000,000.00|
|.5% of the next $15,000.00|
|Above $25,000,000.00, court will determine|
*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 must 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
(Attorney Fee’s and *Executor Fees)
*If applicable. Executor can waive the fees.
|$100,000||$4,000 + $4,000 = $8,000|
|$200,000||$7,000 + $7,000 = $14,000|
|$300,000||$9,000 + $9,000 = $18,000|
|$400,000||$11,000 + $11,000 = $22,000|
|$500,000||$13,000 + $13,000 = $26,000|
|$600,000||$15,000 + $15,000 = $30,000|
|$700,000||$17,000 + $17,000 = $34,000|
|$800,000||$19,000 + $19,000 = $38,000|
|$900,000||$21,000 + $21,000 = $42,000|
|$1,000,000||$23,000 + $23,000 = $46,000|
|$1,100,000||$24,000 + $24,000 = $48,000|
|$1,200,000||$25,000 + $25,000 = $50,000|
|$1,300,000||$26,000 + $26,000 = $52,000|
|$1,400,000||$27,000 + $27,000 = $54,000|
|$1,500,000||$28,000 + $28,000 = $56,000|
|$1,600,000||$29,000 + $29,000 = $58,000|
|$1,700,000||$30,000 + $30,000 = $60,000|
|$1,800,000||$31,000 + $31,000 = $62,000|
|$1,900,000||$32,000 + $32,000 = $64,000|
|$2,000,000||$33,000 + $33,000 = $66,000|
|$2,100,000||$34,000 + $34,000 = $68,000|
|$2,200,000||$35,000 + $35,000 = $70,000|
|$2,300,000||$36,000 + $36,000 = $72,000|
|$2,400,000||$37,000 + $37,000 = $74,000|
|$2,500,000||$38,000 + $38,000 = $76,000|
|$2,600,000||$39,000 + $39,000 = $78,000|
|$2,700,000||$40,000 + $40,000 = $80,000|
|$2,800,000||$41,000 + $41,000 = $82,000|
|$2,900,000||$42,000 + $42,000 = $84,000|
|$3,000,000||$43,000 + $43,000 = $86,000|
|$4,000,000||$53,000 + $53,000 = $106,000|
|$5,000,000||$63,000 + $63,000 = $126,000|
|$6,000,000||$73,000 + $73,000 = $146,000|
|$7,000,000||$83,000 + $83,000 = $166,000|
|$8,000,000||$93,000 + $93,000 = $186,000|
|$9,000,000||$103,000 + $103,000 = $206,000|
|$10,000,000||$113,000 + $113,000 = $226,000|
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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?
First, if you are the spouse of the deceased, you can save by becoming the trustee and can elect to forgo the compensation. This way you can save on the taxable income and receive the entire inheritance tax free.
How much does a lawyer charge for probate?
Like has been stated above, it is predefined by the courts. All attorneys will charge the same Statutory fees.
How much does an executor of an estate get paid?
Should you need an executor, you will have to pay them the same amount as the law firm. Let us help you to understand how to manage the process yourself should you be the spouse.
How do I avoid probate fees?
The way to have avoided probate fees is to have an estate plan. A trust as it is called. A trust is a predefined instrument that explains how the trustor/settlor elects to distribute the inheritance to their heirs and beneficiaries. If your loved one died without a trust, then the courts will determine costs, etc.
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