HOW MUCH DOES PROBATE COST IN CALIFORNIA?
California Statutory Probate Fees
In California, the fees for attorneys in probate cases and for the personal representatives of the estate (executors or administrators) are established pursuant to a statutory fee schedule. The formula for calculating fees is found in California Probate Code Sections 10810 and 10811, and is based upon the estate accounted for, 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 1.5 of 1% of the next fifteen million dollars
Amounts above $25,000,000 – determined by the Court.
Additionally, the attorney and personal representative may request and be permitted by the court to receive an amount above this standard fee if extraordinary services are performed.
The probate fees are only calculated on the value of property subject to probate administration. Property subject to probate administration generally includes the gross value of real estate, business interests, investments, bank accounts, and personal property. Retirement accounts, life insurance, and assets placed in a living trust (or with beneficiary designations) are generally not subject to probate administration.