How much is a California executor and a probate attorney typically paid out of a probate estate? San Diego probate lawyers at The Grossman Law Firm explain.

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San Diego Probate Lawyer And Executor Fees For California Probate

Fees for California probate differ from trust administration in that, under California estate law, neither the executor nor any involved attorneys have the ability to set their own fees for “ordinary” services. The scheduled fees for probate are contingent on the amount of the estate:

  • 4% of first $100,000, or $4,000, plus
  • 3% of next $100,000, or $3,000, plus
  • 2% of next $800,000, or $6,000, plus
  • 1% of next $9,000,000 or $90,000

Fees are accumulated at each level, so for a probate estate of one million dollars, the executor and involved attorneys will collect $13,000 each, totaling $26,000 in attorney and executor fees paid to them from the estate.

Extraordinary services include:

  • Assistance with the sale of real property
  • Litigation
  • The preparation or review of an estate tax return

In these cases, the executor’s attorney is generally paid on an hourly basis.

Attorney’s rates vary greatly. Even if you are taking on an attorney for what appears to be a clear-cut probate case, you’ll want to ensure you’ve found the right firm for any eventuality and know their rates for additional services before taking them on. Unexpected issues can come up in a case quite suddenly, and needing to change attorneys partway through probate could have negative repercussions on both you and anyone set to inherit from the estate.

Are you the executor of a California estate who needs professional insight into the probate process? The San Diego probate lawyers at The Grossman Law Firm assist clients in Riverside County and outlying areas with probate and trust administration, will contests, and trust litigation. For your free, 30-minute consultation, call us toll-free at 888-443-6590. You can also reach us online through our quick contact form.

Also, be sure to order your copy of Scott Grossman’s FREE must-read guide, The Insider’s Guide to California Probate and Trust Administration.


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