Probate
Navigating the Probate Process in California
Need Assistance With a
California Probate Matter?
What is Probate?
We understand that legal proceedings are overwhelming, especially when you are grieving the loss of a loved one. We walk our clients through California’s probate process with kindness and compassion.
We help personal representatives navigate formal probate court proceedings and informal probate transfers. The process is governed by California statute, and we make it simple and stress-free so you can focus on other priorities during a difficult time.
When is Probate Necessary?
If someone passes and property remains in their name, the assets must be probated through the courts, either according to the terms of their will or according to California law if there was no will.
Probate entails hiring an attorney to prepare and file documents with the court, notify heirs and beneficiaries, attending one or more hearings, and providing a written inventory to the court valuing the properties which passed under the Will.
What Does It All Mean?
Probate uses unique words with particular meanings. For a glossary of common probate terms, click here.
Probate Fee Calculator
Please enter the value of the estate between $166,250.00 and $25,000,000.00. *This probate fee calculator is for informational purposes only and should not be considered nor relied on in place of legal advice as it is only a general estimate and is not fact specific.
Totals
Attorney's Fee
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Executor's Commission
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Executor's + Attorney's
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Fee Explanation
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4% OF FIRST $100,000.00 |
0.00
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3% OF NEXT $100,000.00 |
0.00
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2% OF NEXT $800,000.00 |
0.00
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1% OF NEXT $9,000,000.00 |
0.00
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0.5% OF NEXT $15,000,000.00 |
0.00
How Much Does Probate Cost In California?
CALIFORNIA STATUTORY PROBATE ATTORNEY’S FEES AND EXECUTOR COMMISSIONS
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 $9,000,000
0.5% of the next $15,000,000
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.
