California Probate Fee Calculator
In California, the probate code sets a statutory fee for attorneys and personal representatives or executors to administer a decedent’s estate. Use the calculator below to estimate fees.
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Enter the total value of the estate below, including the gross value of real estate, business interests, investments, and bank accounts to estimate probate attorney’s fees and executor commissions. Value should be greater than $150,000 and less than $25,000,000.
How the Fees are Calculated
| Calculation | Value Amt | Fee |
|---|---|---|
| 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 | ||
| .5% of the next $15,000,000 |
Enter Total Value Of Estate
Total Fees
An Explanation of Probate Fees in California
The California probate calculator above may provide you with a rough estimate of the California probate fees that will be paid for ordinary estate administration. It is ideal to consult with a probate lawyer if you are seeking an accurate estimate. Many factors contribute to the cost of probate in California, and typically, only legal professionals will be able to tell you exactly what to expect.
Ordinary Probate Fees in California
California Probate Code section 10800 lays out a set structure for calculating the personal representative’s statutory or “ordinary” compensation, and lays out statutory probate fees that depend on the value of the estate being probated. Ordinary services refer to the services normally provided during the course of administration.
Under the Code 10800, for ordinary services the personal representative and their attorney are compensated the same as outlined in the calculation above or as follows:
- 4% of the estate’s value for the first $100,000.
- 3% of the estate’s value for the subsequent $100,000.
- 2% of the estate’s value for the next $800,000.
- 1% of the next $9 million.
- .5% of the next $15 million.
Any estate over $25 million, the court will determine a reasonable amount.
Extraordinary Fees for Probate in California
What cannot be calculated are the extraordinary fees that the personal representative and/or their attorney can charge when their duties exceed ordinary duties. Here are the services that would be considered “extraordinary” under California Rule of Court 7.703.
Examples of extraordinary services by personal representative:
- Selling, leasing, exchanging, financing, or foreclosing real or personal property;
- Carrying on decedent’s business if necessary to preserve the estate or under court order;
- Preparing tax returns; and
- Handling audits or litigation connected with tax liabilities of the decedent or of the estate.
Examples of extraordinary services by attorney:
- Legal services in connection with the sale of property held in the estate;
- Services to secure a loan to pay estate debts;
- Litigation undertaken to benefit the estate or to protect its interests;
- Defense of the personal representative’s account;
- Defense of a will contested after its admission to probate;
- Successful defense of a will contested before its admission to probate;
- Successful defense of a personal representative in a removal proceeding;
- Extraordinary efforts to locate estate assets;
- Litigation in support of attorney’s request for extraordinary compensation, where prior compensation awards are not adequate compensation under all the circumstances;
- Coordination of ancillary administration; and
- Accounting for a deceased, incapacitated, or absconded personal representative under Probate Code section 10953.
It is important to consider, an award of extraordinary compensation to the personal representative or to the attorney for the personal representative is within the discretion of the court. The court may consider the amount of statutory compensation when determining compensation for extraordinary services.
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