How Much Does Probate Cost in California?

Even though there may be some variations from county to county, probate costs across California are pretty much uniform:

• The cost to file for probate is $350, no matter what the value of the estate is.
• A publication fee is charged by the local newspaper where the decedent died to announce the person's death and inform how to contact the attorney or personal representative. The cost is generally between $350 and $500.
• Additional petitions and objections filed with the probate court are subject to fees generally set between $200 and $350.
• The appraisal of the estate's non-monetary assets by the probate referee usually costs one tenth of 1 percent of the appraised value, plus some expenses like mileage, photos, or copies.
• If the court requires a probate bond to be posted by the executor or administrator, the cost of such a bond will depend on the value of the property subject to the bond and on the creditworthiness of the personal representative. Quotes for probate bonds can be found online to obtain a rough estimate. Your attorney will be able to supply better sources of pricing and look at ways to avoid having to post a bond.
• Funds must be set aside to pay for any mortgage loan, taxes, and insurance coverage relative to the estate's real and personal property.
• Attorney fees are calculated by a statutory formula and based on the gross value of the estate. The fees are:
  • 4 percent of the first $100,000
  • 3 percent of the next $100,000
  • 2 percent of the next $800,000
  • 1 percent of the next $9,000,000
  • .5 percent of the next $15,000,000
• The executor or administrator is paid the same fees as the attorney.
• Probate attorneys will charge fees for extraordinary services, which occur either because there is litigation or because real estate has to be sold. In such a case, the probate lawyer charges hourly fees and has to petition the court for approval of the fees.

Talk to San Diego probate attorney Scott Grossman about your situation and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30-minute telephone consultation.

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