How Much Are Probate Fees in California?

Probate fees are set by statutory law in California, based on the gross assets of the decedent.

•  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

But these fees are for the executor and the attorney that they hire. In other words, for an estate with gross assets of $500,000, the fees are $13,000 for the executor and $13,000 for the attorney, for a total of $26,000.

For an estate with $1,000,000 in gross assets, the fee is $23,000 for the executor and $23,000 for the attorney, for a total of $46,000.

For an estate with $5,000,000 in gross assets, the fee is $61,000 for the executor and $61,000 for the attorney, for a total of $122,000.

And so on. The actual fees will depend on the gross assets that are in the estate on the date of death. Gross assets are the total value. For example, if you have a mortgage on the house, the fees are based on the value of the house, NOT discounted by the remaining mortgage.

There are several ways you (or your estate) can avoid paying these kinds of fees, including by setting up a trust. Contact me for a complimentary consultation to discuss your options.