How much does probate cost?

California is unlike most other states when it comes to paying for probate. Attorney fees and Executor fees are set by our legislature and are dependent upon the total assessed value of the estate. This is great for you because you do not have to worry about the hours that your attorney spends on your case or their hourly rate as they will only make what the law provides.

Probate Code Section 10810 offers a complex calculation that is used to determine your attorney’s fee and the executor/administrator’s fee, which is equal unless there are extraordinary circumstances. If your attorney has to perform extraordinary duties, the court will have to approve of what they did and what they will be paid for those duties. Here is the code itself:

Probate Code 10810 (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).

(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

If you have a general idea of what your probate matter will be valued at, you can add that to the calculator below to see how Probate Code Section 10810 is calculated!