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California Probate Fee Calculator
Use the California probate calculator below to estimate Probate attorney’s fees and executor commissions for the administration of estates.
Totals
Fee Explanation
* This probate fee calculator is for informational purposes only and should not be considered legal advice as it is only a general estimate and is not fact specific.
FAQs
How are probate fees calculated in California?
In California, probate fees for attorneys and personal representatives (executors or administrators) are determined by a statutory fee schedule outlined in California Probate Code Sections 10810 and 10811. The calculation is based on the total value of the estate accounted for and follows this structure:
– 4% on the first $100,000
– 3% on the next $100,000
– 2% on the next $800,000
– 1% on the next nine million dollars
– 1/2 on 1% of the next fifteen million dollars
– Amounts above $25,000,000 – determined by the Court.
How is the gross value of the estate determined for fee calculation purposes?
The gross value of the estate is based on the full value of the assets, without accounting for any debts, mortgages, or other encumbrances on the assets. For example, if a decedent’s home has a value of $1,000,000 with a mortgage of $950,000, the fee for probating the home would be based on the full value of $1,000,000, not the net value of $50,000.
What are the main categories of probate fees and costs in California?
Probate fees and costs in California generally fall into three categories:
– Court Costs and Fees: These include charges related to the probate process, such as court fees, publication fees, surety bond fees (if required), probate referee fees, certification and recording fees.
– Personal Representative’s Fee: This is the fee paid to the executor or administrator of the estate for their services in managing and executing the estate.
– Attorney’s Fee: This fee is paid to the attorney handling the probate process.
Is there a Probate Fee Calculator for estimating fees?
Yes, we provide a California probate calculator to estimate attorney’s fees and executor commissions for estates valued over $184,500, but less than $25,000,000. For amounts exceeding $25,000,000, the court determines a reasonable fee. Please note that this calculator is a tool for estimation, and actual fees may vary based on individual circumstances.