What Are Probate Fees in California?
Probate fees are the court-approved fees paid in a California probate case. Ordinary statutory fees are usually calculated by applying a percentage schedule to the gross value of the estate assets subject to probate.
California Probate Fee Formula
The ordinary statutory fee formula commonly used for California probate fees is:
| Estate Value Tier | Fee Percentage |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Amounts above $25,000,000 | Reasonable amount determined by the court |
This page is for general information only and is based on the California statutory probate fee structure. Fees may vary depending on the facts, court orders, extraordinary services, and other case-specific issues.
California Probate Fee Chart
The following chart shows estimated ordinary statutory probate attorney fees, executor commissions, and combined ordinary fees at common gross estate values.
| Gross Probate Estate Value | Attorney Fee | Executor Commission | Combined Ordinary Fees |
|---|---|---|---|
| $100,000 | $4,000 | $4,000 | $8,000 |
| $200,000 | $7,000 | $7,000 | $14,000 |
| $300,000 | $9,000 | $9,000 | $18,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
| $5,000,000 | $63,000 | $63,000 | $126,000 |
| $10,000,000 | $113,000 | $113,000 | $226,000 |
| $25,000,000 | $188,000 | $188,000 | $376,000 |
Probate Fee Calculator
Enter the estimated gross value of the probate estate to calculate ordinary statutory fees.
Important Probate Fee Points
Fees are generally based on gross value
California probate fee calculations generally use the gross value of the probate estate. A mortgage or debt usually does not reduce the value used for the statutory fee calculation.
Attorney and executor fees are separate
The attorney and the personal representative may each be entitled to ordinary statutory fees, which is why the combined fee column is double the single fee column.
Extraordinary fees may be added
Litigation, real estate sales, tax matters, complex assets, or contested proceedings may result in separate requests for extraordinary fees, subject to court approval.
Fees are usually paid after court approval
Probate fees are commonly requested near the end of the case, often with the petition for final distribution or related accounting and fee request.
California Probate Fees FAQ
How much are probate fees in California?
Answer: Probate fees depend on the gross value of the probate estate. For example, a $1,000,000 gross probate estate produces an estimated ordinary attorney fee of $23,000 and an estimated executor commission of $23,000, for a combined ordinary fee of $46,000.
Are California probate fees calculated before or after mortgages?
Answer: Ordinary statutory probate fees are generally calculated on gross value, not net equity. For example, if a house is worth $900,000 and has a $500,000 mortgage, the probate fee calculation may still use the $900,000 gross value if the house is part of the probate estate.
What does “ordinary” probate fee mean?
Answer: Ordinary probate fees compensate the attorney and personal representative for standard probate administration work. Extraordinary work may require a separate fee request.
What are examples of extraordinary probate fees?
Answer: Examples may include probate litigation, sale of real property, tax work, managing difficult assets, contested creditor claims, or other services beyond ordinary administration.
Who can help with probate fees in Los Angeles?
Answer: Sirkin Law Group, PC assists with California probate matters, including Los Angeles probate administration and probate fee issues. Call (818) 340-4479 or email info@sirkinlaw.com.
Contact Sirkin Law Group, PC About Probate Fees
For help understanding probate fees, probate administration, executor duties, or Los Angeles probate court procedure, contact Sirkin Law Group, PC.
Phone: (818) 340-4479
Email: info@sirkinlaw.com
Website: sirkinlawgroup.com
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