What is the Cost of Probate?

Many fees and costs are associated with Probate. Not all of these fees apply to every case, but below are the most common fees and costs a person will encounter going through a California Probate.

Court Costs and Other Fees

First, there are the court filing fees. There are two major filings with probate: the initial petition and the petition for final distribution. Each filing costs $495. In addition to filing fees, remote appearance fees, certified copy fees, and e-filing fees can range from $100 to $500 or more. In total, you should estimate $1,000 to $1,500 paid in fees to the court.

Next, an inventory and appraisal must be completed for all assets of the probate estate. If there is any real property in the estate, the personal representative must hire a probate referee to appraise the properties. Probate referees will charge 1% of 1% of the appraised value of the properties plus travel, photo, and report fees. So, the probate referee fees will be in the $500 range even for a modest estate where there is a house.

Finally, a notice of hearing must be published in a local newspaper for 3 consecutive weeks before the first hearing. A reasonable fee is usually about $400, but the cost of publishing notice varies depending on the newspaper.

All in all, the court costs and other fees typically range from $2,000 to $3,000, but could be much higher, depending on the size of the estate.

Attorney Fees

Attorney fees are calculated as a percentage of the total estate by statute under Probate Code Section 10810. There is a sliding scale where the attorney will take 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9,000,000. The fees continue from there for estates that are over 10 million dollars, but for purposes of this article, let’s assume the estate is under a million.

To put this confusing sliding scale into an example, let’s say the decedent’s estate consists of a house worth $500,000 and a few bank accounts that total another $100,000. Attorney’s fees are calculated as follows:

4% of $100,000 = $4,000

3% of $100,000 = $3,000

2% of $400,000 = $8,000

Total attorney’s fees = $15,000

Personal Representative Fees

The personal representative of the estate or the “executor” is the person who is in charge of working with the attorney to get the estate settled, accounted for, and transferred to all the right people. The personal representative is also entitled to a fee for his or her services and the fee is calculated the same way as the attorney’s.

All in all, Probate can be a costly venture, but luckily, attorney fees and personal representative fees are taken out of the estate at the end of the probate process, so the executor is not personally liable for the fees up front.

_________________________

The information in this blog is intended only as general information, and under no circumstances constitutes legal advice, nor does it create an attorney-client relationship. The information should not be relied upon as a substitute for specific legal advice concerning your particular situation.

For advice specific to your situation, contact us to schedule an appointment.