We have talked a lot about the fees that the executor/administrator and attorney receives, but what are ALL the costs associated with probate in California?

Probate costs in California can vary widely depending on the complexity and size of the estate, but generally include several types of expenses such as court fees, attorney fees, executor fees, and other administrative costs. Here’s a breakdown of typical probate costs:

1. Court Fees

- Filing Fee: The initial filing fee for probate petitions is around $450, but it does vary by county.

- Additional Fees: There may be additional fees for filings and certifications, ranging from $20 to $60 per document.

2. Attorney Fees

- California probate law allows attorneys to charge statutory fees based on the gross value of the estate, 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 million

- 0.5% of the next $15 million

- For estates above $25 million, a reasonable amount determined by the court.

- Example: For an estate worth $500,000, the attorney’s statutory fee would be $13,000.

3. Executor Fees

- Executors are also entitled to the same statutory fees as attorneys unless the will specifies otherwise or the executor waives the fee.

4. Other Costs

- Appraisal Fees: Estates require an appraisal by a court-appointed probate referee, which usually costs 0.1% of the estate's value.

- Bond Fees: If the court requires a bond, it will cost approximately 0.5% to 1% of the estate’s value.

- Publication Fees: The estate must publish a notice of probate, which can cost between $200 and $1,000.

- Miscellaneous Costs: This includes fees for copies of documents, mailing costs, and other administrative expenses.

Example A: If an estate has $500,000 in gross assets, here’s a breakdown of costs:

• Attorney Fees: $13,000

• Executor Fees: $13,000

• Appraisal Fees: $500 (0.1% of $500,000)

• Filing Fees: $450 (initial fee, varies by county)

• Publication Fees: Approximately $200 - $1,000

• Miscellaneous Costs: $200 - $500

• TOTAL estimated cost: $27,335 to $28,435

Additional Considerations:

Complexity: If the estate is particularly complex or if there are disputes, costs can increase significantly due to additional legal work and court appearances.

Asset Value: The gross value of the estate includes the total market value of all assets without deducting debts and liabilities. This can lead to higher fees if the estate includes significant non-liquid assets like real estate.

There are certain thing we do to try to be more efficient with probate costs and limit the liabilities where we can. Please contact me for a consultation if you are about to or anticipate requiring a probate. (If you are still alive and have capacity, please consider establishing and funding a trust in California to avoid probate and these costs!)