How much does it cost to hire a California Probate Attorney?

California Probate Fees

Understanding California Probate Fees.

So...How much Does a Probate attorney Cost?

While the cost of probate in California can vary depending on the specific circumstances of the estate, there are some common expenses that typically arise during the probate process in California.

There are generally 6 types of fees that need to be paid during a California probate. These include

  1. Probate Court Filing Fees
  2. Statutory Fees for the Personal Representative
  3. Statutory Probate Attorneys Fees
  4. Probate Bond Premiums
  5. Probate Appraisal Fees and
  6. Miscellaneous Fees.

The initial filing fee for a probate case in California is generally around $435, although this amount can change periodically. Additional fees may apply for filing other documents, such as petitions for the appointment of a personal representative, objections to petitions, or other court filings.

Here is a link where you can find the Probate fees for San Diego County.

California Probate Personal representative fees:

In California, the personal representative (also known as the executor or administrator) is entitled to receive reasonable compensation for their services. The fees are determined by a statutory schedule based on the value of the estate:

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

A reasonable amount for estates above $25,000,000, as determined by the court

California Probate Attorney fees:

Attorneys can provide valuable assistance during the probate process, and their fees are typically based on the same statutory schedule as personal representative fees.

However, in some cases, attorneys may charge hourly fees or negotiate a different fee structure.

Our Carlsbad Probate Lawyers charge the statutory fee schedule set forth below.

Here are the California statutory probate attorneys’ fees as of 2023:

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

A reasonable amount for estates above $25,000,000, as determined by the court

Probate Bond premiums: In some cases, the personal representative may be required to post a bond to ensure the proper administration of the estate. The cost of the bond premium will depend on the bond amount and the creditworthiness of the personal representative.

 The probate process requires that the estate’s assets be appraised to determine their fair market value. Appraisal fees can vary depending on the type and value of the assets involved.

Overall, the total cost of probate in California can vary widely depending on the size and complexity of the estate, the fees charged by the personal representative and attorney, and other factors.

It is important to consult with an experienced probate attorney who can provide guidance on the specific costs associated with a particular estate.

 Other costs associated with the probate process may include certified copies of court documents, publication fees for required legal notices, and fees for obtaining a taxpayer identification number for the estate.

In the context of California probate, extraordinary fees refer to additional compensation that may be awarded to the personal representative and/or the attorney for handling tasks or services that are beyond the scope of what is considered routine or ordinary in the administration of an estate.

Unlike ordinary California probate fees, which are determined by a statutory schedule based on the value of the estate, extraordinary fees are determined by the court on a case-by-case basis.

Extraordinary fees probate California may be granted for various reasons, such as:

  1. Litigation: If the personal representative or the attorney is required to engage in litigation on behalf of the estate, they may be entitled to extraordinary fees for their efforts. Examples of litigation-related tasks include defending or initiating lawsuits, handling will contests, or managing disputes among beneficiaries.

  2. Complex tax matters: Handling complicated tax issues, such as filing estate tax returns or resolving tax disputes with state or federal authorities, may warrant extraordinary fees, especially if it requires specialized knowledge or expertise.

  3. Real estate transactions: If the personal representative or attorney needs to manage the sale, lease, or mortgage of real property, they may be entitled to extraordinary fees for their work. This can include negotiating contracts, overseeing property improvements, and ensuring compliance with local regulations.

  4. Operating a business: In some cases, the personal representative or attorney may need to manage or sell a business that is part of the estate. This can require a significant amount of time and effort, which may justify extraordinary fees.

  5. Special asset management: If the estate contains unique or complex assets that require specialized management, such as intellectual property, collectibles, or extensive investment portfolios, the personal representative or attorney may be entitled to additional compensation for their efforts.

To be awarded extraordinary fees, the personal representative or attorney must demonstrate to the court that the services they provided were indeed extraordinary and that the fees requested are reasonable in light of the circumstances.

The court will consider factors such as the time spent on the task, the complexity of the issue, the level of skill required, and the results achieved when determining whether to grant extraordinary fees.

It is essential to consult with an experienced probate attorney who can provide guidance on the potential for extraordinary fees in a particular case and help to ensure that all necessary documentation is submitted to the court for consideration.

Probate fees are paid out of the estate of the decedent once the probate process is complete. With that said many probate law firms require that clients pay an advance to cover the hard costs of probate. 

Occasionally at Opelon LLP, we will advance the costs associated with probate for our clients so that they do not have to come out of pocket at all. We offer this on a case-by-case basis so please give us a call to discuss.  

In California, probate attorney fees are typically paid out of the estate itself.

This means that the assets and funds within the estate are used to cover these costs. The reasoning behind this approach is that the attorney provides services for the benefit of the estate and its administration, so it is fair for the estate to bear the expenses.

When the probate process begins, the appointed personal representative will generally hire an attorney to provide legal assistance during the administration of the estate.

Once the attorney’s services have been rendered, their fees will be submitted to the court for approval. The attorney’s fees can be based on the statutory schedule, as previously mentioned, or they may be determined by an hourly rate or an alternative fee arrangement, depending on the agreement between the attorney and the personal representative.

After the court approves the attorney’s fees, the personal representative is authorized to pay the fees using the estate’s assets.

This payment occurs before the remaining assets are distributed to the beneficiaries or heirs.

In other words, the beneficiaries or heirs indirectly pay the probate attorney fees, as the fees reduce the overall value of the estate that they will ultimately receive.

However, there are some scenarios where a beneficiary or heir may be directly responsible for probate attorney fees.

For example, if a beneficiary or heir contests the will or challenges the personal representative’s actions, and the court determines that their claims are unfounded or unreasonable, the court may order them to pay the attorney fees associated with defending the estate against their claims.

In summary, probate attorney fees in California are generally paid from the assets of the estate itself, with the beneficiaries or heirs indirectly bearing the costs. In certain circumstances, a beneficiary or heir may be directly responsible for attorney fees if their actions result in additional legal expenses for the estate.

California Probate Fees- How much does probate cost

Overall, the total cost of probate in California can vary widely depending on the size and complexity of the estate, the fees charged by the personal representative and attorney, and other factors.

It is important to consult with an experienced probate attorney who can provide guidance on the specific costs associated with a particular estate including any possible estate taxes to be paid.

In California Probate Fees are Set By The Court As Follows*

California Probate Fees Cost Breakdown
California 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, the court will determine

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 $15,000,000.00

Above $25,000,000.00, court will determine

Convenient San Diego Office

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