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HOW MUCH DOES PROBATE COST?

Probate fees in the state of California are set by California probate code § 10810, which caps the maximum fees that attorneys and executors can charge for a probate. There are filing fees and a fee percentage (4%,3%,2%,1%,.5% based on the gross value of the probate estate) and can have other extraordinary fees like appraisals.

 

The Probate Fees Cost Breakdown

Probate Fees Chart Gross Estate
4% of the first   $100,000.00
3% of the next   $100,000.00
2% of the next   $800,000.00
1% of the next      $9,000,000.00
5% of the next $15,000.00
Above $25,000,000.00 Court will determine

 

 

Here is another view of California's Probate fees

Estate Value

    Probate Fees

    Attorney Fee’s and | Executor Fee's

    The executor if applicable, can waive the fees.

$100,000 $4,000 + $4,000 = $8,000
$200,000 $7,000 + $7,000 = $14,000
$300,000 $9,000 + $9,000 = $18,000
$400,000 $11,000 + $11,000 = $22,000
$500,000 $13,000 + $13,000 = $26,000
$600,000 $15,000 + $15,000 = $30,000
$700,000 $17,000 + $17,000 = $34,000
$800,000 $19,000 + $19,000 = $38,000
$900,000 $21,000 + $21,000 = $42,000
$1,000,000 $23,000 + $23,000 = $46,000
$1,100,000 $24,000 + $24,000 = $48,000
$1,200,000 $25,000 + $25,000 = $50,000
$1,300,000 $26,000 + $26,000 = $52,000
$1,400,000 $27,000 + $27,000 = $54,000
$1,500,000 $28,000 + $28,000 = $56,000
$1,600,000 $29,000 + $29,000 = $58,000
$1,700,000 $30,000 + $30,000 = $60,000
$1,800,000 $31,000 + $31,000 = $62,000
$1,900,000 $32,000 + $32,000 = $64,000
$2,000,000 $33,000 + $33,000 = $66,000
$2,100,000 $34,000 + $34,000 = $68,000
$2,200,000 $35,000 + $35,000 = $70,000
$2,300,000 $36,000 + $36,000 = $72,000
$2,400,000 $37,000 + $37,000 = $74,000
$2,500,000 $38,000 + $38,000 = $76,000
$2,600,000 $39,000 + $39,000 = $78,000
$2,700,000 $40,000 + $40,000 = $80,000
$2,800,000 $41,000 + $41,000 = $82,000
$2,900,000 $42,000 + $42,000 = $84,000
$3,000,000 $43,000 + $43,000 = $86,000
$4,000,000 $53,000 + $53,000 = $106,000
$5,000,000 $63,000 + $63,000 = $126,000
$6,000,000 $73,000 + $73,000 = $146,000
$7,000,000 $83,000 + $83,000 = $166,000
$8,000,000 $93,000 + $93,000 = $186,000
$9,000,000 $103,000 + $103,000 = $206,000
$10,000,000 $113,000 + $113,000 = $226,000

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 based on California Probate Code Section 10810’s general provisions and is not fact specific.

HOW MUCH DOES PROBATE COST?

Statutory Probate Fees | Extraordinary Fees | Appraisal Fees

 

Statutory Probate Fees 

 

  • Filing fees: $435.00 for each petition you have to file. (Normally there are only 2).
  • Petition to probate
  • Petition for Final Distribution
  • Publication fee: $100 to $200.00
  • Certified Copies: $100.00
  • Misc.: $100.00

 

 

Extraordinary fees (these fees will be reviewed by the judge)

  • Fees can be based on the value of the estate
  • Difficulty of the extraordinary tasks performed and time spent,              
  • Results achieved, and
  • Did the results benefit the estate

 

Appraisal fees

Typically .1% of the value of the appraised asset

The executor is paid executor fees in a sum equal to the statutory attorney fees unless the executor elects to waive these fees.

 

How You can Avoid Probate fees

The process of Probate is time-consuming and expensive. The way to have avoid probate fees is to have an estate plan. You want to have a trust! What is a trust? A trust is a predefined instrument that explains how the trustor/settlor elects to distribute the inheritance to their heirs and beneficiaries. If your loved one died without a trust, then the courts will determine costs.

 

The following are common documents contained in an estate plan:

  • Durable Power of Attorney
  • Health Care Power of Attorney
  • Last Will and Testament
  • Living Trust

 

It is very important that you hire a certified probate certified probate and trust specialist. Not agents that don't understand the probate process in California.

Professionalism, Responsiveness, Highly recommended!

Sherman is a Certified Probate and Trust Specialist. He understands the probate process and how to engage with the Probate Court and probate attorneys. Contact him if you are selling a probate home to get the probate services and help you need. Call, Text, or email Sherman today!


 

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Call, Text or Email Sherman Today!

Sherman Fowler
Real Estate Broker, Realtor®

Certified Probate Real Estate Specialist  CPRES

DBA, Prestige Enterprise Realty 
San Clemente, CA

Full range of Probate & Home Selling Services

CA DRE# 01824341

USA-949.291.8065

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