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By: Scott Grossman on July 7th, 2017

How Much Does Probate Cost in California?

What does probate cost in California?

There are many filing fees and standard probate costs in California to simply start and file the correct paperwork. Furthermore, the fees that the law requires such as statutory fees help one better understand how much an overall California probate actually costs.

  • The cost to file a probate in California is $350, no matter what the value of the estate is.
  • A local newspaper also charges a fee where the decedent died to announce their death. It is to contact an attorney and or personal representative. The cost is between $350 and $500.
  • A local newspaper also charges a fee where the decedent died to announce their death.
  • Additional petitions and objections filed with the probate court are subject to fees and generally range between $200-$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.
  • 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 the creditworthiness of the personal representative. You can find quotes for probate bonds online to obtain an estimate. Your attorney should be able to supply you with better sources of pricing and of ways to avoid having a bond.

What are the fees for an attorney?

Attorney fees are calculated by a statutory formula and based on the gross value of the estate. Therefore, these fees are defined by the law, and attorneys are not allowed to charge them whenever they would like. The Probate Fee Schedule lays out the costs that attorneys can charge for ordinary probate, but extraordinary fees are recommended to be reviewed for approval. For example:

  • 4 percent of the first $100,000 ($1 to $100,000)
  • 3 percent of the next $100,000 ($100,001 to $200,000)
  • 2 percent of the next $800,000 ($200,001 to $800,000)
  • 1 percent of the next $9,000,000 ($800,001 to $1,700,000)
  • .5 percent of the next $15,000,000 ($1,700,001 to  $15,000,000)
  • The executor or administrator is paid the same amount of fees as the attorney. Probate attorneys normally charge fees for extraordinary services, which occur when there is litigation. However, in such a case the probate lawyer charges hourly and has to petition the court for approval of the fees.

Talk to probate attorney Scott Grossman about your situation and any questions you might have. Call us at (888) 443-6590 for your FREE 30-minute telephone consultation.