California probate fees, calculated
In a California probate, the attorney's and the personal representative's ordinary fees are each set by statute (Probate Code sections 10800 and 10810). The fee is a percentage of the gross value of the probate estate. Mortgages and other debts are not subtracted.
The statutory schedule
| Portion of the estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Reasonable amount set by the court |
Examples
| Gross estate | Attorney fee | Executor fee | Total |
|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
A family member serving as executor can waive the executor's fee. Many do, because the fee is taxable income while an inheritance generally is not.
Costs on top of fees
- Court filing fees for each petition
- Newspaper publication of the notice of hearing
- The probate referee's appraisal fee, about one tenth of one percent of the assets the referee values
- A bond premium, unless the will or the heirs waive bond
- Certified copies of Letters and recording fees
Extraordinary fees
Work beyond ordinary administration, such as litigation, tax disputes, or some real estate sales, can support an additional fee. Extraordinary fees require a court order and notice to the heirs.
Ways to pay less
Statutory fees apply only to a full probate. A spousal property petition, the $750,000 primary residence petition, or a trust administration is usually far less expensive. Checking those options first is the single biggest cost saver.