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How much does Probate cost?

The cost of probate may be set by state law or by practice and custom in your community.  There are two main fees that affect the overall cost of the Probate to the Estate: (1) Attorneys Fees and (2) Personal Representative Fees.  In addition, there are associated costs such as Filing Fees, Probate Referee fees, etc., that can drive the cost up.

California Probate Attorneys Fees

The California Probate Code Section 10810 sets the Statutory Compensation – or Statutory Fee – allowed for Ordinary Services provided by the Attorney for the Personal Representative. This fee is based on the value of the Estate as follows: 

(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).

(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

California Personal Representative Fees

California Probate Code Section 10800 sets the Statutory Compensation – or Statutory Fee – allowed for Ordinary Services provided by the Personal Representative (or Executor) as follows:

(a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of one percent on the next fifteen million dollars ($15,000,000).

(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

Costs of Probating a $1 Million Estate

Using the Statutory Fee as set forth above, a $1 Million Estate could cost up to $46,000 in Statutory Fees alone ($23,000 Attorneys Fees + $23,000 Personal Representative Fees).  And that is just for ordinary services.  If extraordinary services are approved by the Probate Court, the total cost could be much greater.  

Conclusion

When all the costs are added up – and the costs may include appraisal costs, executor’s fees, court costs, costs for a type of insurance policy known as a “surety bond”, plus legal and accounting fees, probate can easily cost from 3% to 5% of the total estate value, and sometimes more. If there is a “Will contest” all bets are off.

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