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.
Get Started
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 your information to access the calculator
Overview of Probate in California
Probate is the legal process for distributing a deceased person’s assets to their identified beneficiaries or legal heirs, either following the terms described in a will, if one exists, or state intestacy laws if one does not. Probate is a process required by California law whenever a deceased person has left behind assets that are not accounted for by a joint owner or designated beneficiary.
The probate court facilitates the process to ensure that assets are distributed appropriately following state law, appointing an executor who often engages a probate estate administration attorney to support them in understanding their role. There are multiple costs associated with probate to ensure that the executor and estate administration attorney are fairly compensated. Our California Probate fee calculator can help you prepare for what to expect.
Why is Probate Necessary?
Probate is necessary for settling an estate and distributing assets from the estate to beneficiaries. The probate process is valuable for ensuring that all matters surrounding an estate are resolved.
Important steps involved in probate include:
- Legal validation of a will
- Marshaling and inventorying estate assets
- Appointing an executor or administrator to oversee estate administration
- Inventorying and appraising estate assets
- Paying debts and taxes levied against the estate
- Conducting the final distribution of assets to heirs or beneficiaries
Why Do Assets Go Through Probate?
Assets pass through probate in order to ensure that ownership can be transferred to the rightful owner. Probate clarifies who is entitled to receive these assets and facilitates the legal transfer of ownership to the correct beneficiary or heir.
Common assets that must pass through probate include real estate, personal bank accounts, vehicles, and valuable personal property that were owned solely by the deceased. Assets can avoid passing through probate if they are placed into a living trust or are jointly owned by another party or beneficiary.
Steps in The California Probate Process
The California probate process involves multiple steps to ensure that the estate is properly settled. The following are some of the most crucial steps in probate:
Filing a petition with the court to open probate
Notifying heirs/beneficiaries of the opening of probate
Marshaling and inventorying estate assets
Paying outstanding debts and creditor claims
Distributing assets to beneficiaries
Closing the estate
Probate is a lengthy process, with a standard timeline of approximately 12 to 18 months. For large, complex estates, this process might be even longer. If disputes or other complications arise, it can lead to further delays in the process and a longer timeline.
How to Use the California Probate Calculator
Our California probate calculator simplifies the process of estimating the costs of your estate administration. This calculator simplifies the process for you, giving you a clear output from the entry you provide, including the fair market value of the estate.
This calculator provides a rough estimate of total probate fees, including statutory fees outlined in California Probate Code §10810-10814 and estate executor fees. In California, attorney fees are set by state statute as a standard percentage based on the value of the total estate.
For any estate valued above $25,000,000, the fees will be calculated by the court. Once these statutory fees are calculated, the commission paid to the executor is an equivalent amount to the overall statutory probate costs. The total cost of probate is the cost of the statutory fees added to the executor’s commission.
For you, simply type in the value of your estate and receive an output equal to the fees you can expect to pay. Any value entered into the calculator should be greater than $150,000 and less than $25,000,000.
The breakdown for statutory fees is 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
Ready to Get Started?
Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
What’s Included in the Estate Value? What’s Not Included?
The probate estate value is the fair market valuation of all total eligible assets belonging to the decedent at the time of death. The estate value includes any assets that are owned by the decedent solely and do not have a joint owner or identified payable-on-death beneficiary.
Assets that are commonly included in the estate value include all of the following when held solely in the decedent’s name:
- Real estate and other property held in the deceased person’s name
- Bank accounts, investments, and brokerage accounts
- Business interests
- Intellectual property rights
- Digital assets
- Valuable personal belongings, like artwork, jewelry, or vehicles
The estate value does not include any assets placed outside of the taxable estate or that are jointly owned by another beneficiary. Common non-probate assets include:
- Assets in living trusts
- Accounts with named beneficiaries
- Jointly held property
- Life insurance policy proceeds
Example Calculation
In an example, probate costs will account for a percentage of the total cost of the estate. With a hypothetical estate value of $20,000,000, the total cost of probate fees would be calculated by taking the following steps based on California Probate Code §10810.
Common assets that must pass through probate include real estate, personal bank accounts, vehicles, and valuable personal property that were owned solely by the deceased. Assets can avoid passing through probate if they are placed into a living trust or are jointly owned by another party or beneficiary.
Adding these numbers together, the total fee is $163,000. However, this amount would be due to the probate attorney, and the executor is entitled to an equal amount, which would result in the following expenses:
Statutory Fees: $163,000
Executor Fees: $163,000
Combining these numbers would bring a total of $326,000. Keep in mind that this is only a rough estimate. Factoring in other estate planning tools, like trusts or joint ownership, can affect the size of your taxable estate and change the total value of your estate. For more insight on your potential probate expenses, you should consult a skilled probate administration attorney as soon as possible.
This cost is broken down into the following:
- First, 4% of the first $100,000 would be 4,000
- Then 3% of the next $100,000 would be $3,000
- Then 2% of the next $800,000 would be $16,000
- Then 1% of the next $9,000,000 would be $90,000
- Then 0.5% of the next $10,000,000 would be $50,000
Why Choose RMO for Your Probate Administration Needs
The attorneys at RMO have decades of experience in probate administration matters, enabling us to understand the intricacies of California probate law. We take a person-first, empathetic approach to every case, starting with listening carefully to you and your unique family circumstances so we can build a winning strategy for resolving your matter as soon as possible.
With six offices located around California, from Los Angeles to the Bay Area, we are prepared to support clients with personalized service and are dedicated to securing the best possible outcome in every case.
If you’re ready to get started, we’re here to discuss your case and start building a plan for a smooth estate administration process. Schedule a consultation with our team to begin the process of understanding your probate litigation needs.
FAQs About California Probate and the Calculator
What does the California probate calculator estimate?
Our California probate calculator estimates the total costs of probate fees that an estate may be responsible for after the administration process, including both statutory fees for the costs of an estate administration attorney plus the fees for compensation for an executor.
Are attorney fees in probate negotiable?
Statutory fees for an estate administration attorney are not negotiable as they are set by state law. However, if a probate dispute arises, then you may be able to negotiate fees when you engage a probate litigation attorney.
Can I avoid probate with a trust?
Yes, you can avoid probate with a trust if all assets that initially belonged to the estate are included in a trust. However, if there are some assets included in a trust but others still included in the estate, any assets that are held outside of the trust may still have to pass through probate.
How long does the probate process take in California?
The probate process can take anywhere from 12 to 18 months. However, this number can vary widely depending on the size and complexity of the estate and whether any disputes arise. Regardless of the time spent on probate, statutory fees will continue to depend on the value of the estate. However, if probate is delayed by a dispute, a probate litigation attorney will charge separately.
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