How much does probate cost? If you are or expect to be the executor or administrator of an estate, it is important for you to educate yourself on the California probate fee structure.
In this article, we discuss under what circumstances probate is generally needed, the types of factors that can affect the cost of probate in California, and how to calculate California probate fees.
What is the cost of probate in California? This is a question with no straightforward answer, since the cost of probate will vary based on the size and complexity of the estate in question. It’s possible a California probate fees calculator can provide you with a rough estimate of the California probate fees that’ll have to be paid for estate administration, but it is ideal to consult with a probate lawyer if you are seeking an accurate estimate. This is because there are many factors that can contribute to the cost of probate in California, and typically, only legal professionals who are knowledgeable about the probate process will know what to expect. This article on California probate fees will be especially important for present and future executors and administrators of the estate to read, as they are responsible for paying all probate-related expenses before they make distributions to estate beneficiaries and close out probate. Unless most of a decedent’s assets are held by their trust or the decedent’s estate is small, probate generally will be needed. Keep reading to learn about what probate is and the types of estates that require it.
TELL US WHAT HAPPENED. WE’LL BE IN TOUCH SOON. Table of Contents What Is Probate? How Much Does Probate Cost in California? FAQs on California Probate FeesIn simplest terms, probate is the court-supervised process through which a decedent’s estate may need to pass after they die. At the start of probate, the court authenticates the decedent’s will (if one exists) and appoints a personal representative (i.e., an executor or administrator) to preside over their estate. Once a personal representative is formally appointed, they can begin paying the decedent’s creditors and distributing their assets to beneficiaries according to the instructions in the decedent’s will. Probate can take anywhere from 12 months to several years; its length generally depends on the size and complexity of the estate. As for when a will has to be probated by, the named executor generally has 30 days from the date of the decedent’s death or after learning they were nominated to act as executor to file a probate petition. If they fail to file by this deadline, they may be regarded as having waived their right to serve. If someone dies without a will, it doesn’t necessarily relieve their estate from having to pass through probate. However, the court will appoint an administrator instead of an executor, and the decedent’s assets will be distributed to their direct heirs in accordance with the state’s intestate succession laws, which can be found in California Probate Code sections 6400 – 6455. If you’re curious how to become administrator, know that the process is almost identical to the process for becoming executor. The main difference is that the administrator is appointed according to the order of priority set forth by Probate Code section 8461. If the decedent died with a surviving spouse, they generally will be prioritized to serve.
The short answer is no. There are ways to not only avoid paying California probate fees, but to bypass the probate process altogether. For example, if a decedent died after April 2022, and their estate is valued at less than the California probate minimum of $184,500, their heirs may be able to use a simplified procedure known as a small estate affidavit to transfer the decedent’s property. Another simplified procedure that can be used, but only by surviving spouses and registered domestic partners, is a spousal property petition. While this procedure does not avoid probate altogether, it can expedite the process of transferring estate assets to the surviving spouse of a decedent. Opting for a trust instead of a will is another method people use to avoid probate. If a decedent’s assets are held in trust, a formal probate generally will not be required, as most trusts can be administered privately by a trustee without court supervision. Lastly, certain transfer-on-death assets — such as bank accounts, retirement accounts, life insurance policies and perhaps even cars and homes — may also be able to avoid probate if the decedent designated beneficiaries to whom the assets should pass. If you plan to co-own property, it is recommended you consider the advantages and disadvantages of California’s title-vesting options to find one that suits your needs, as certain ways of holding title can prevent property from having to pass through probate when a co-owner dies.
What is the cost of probate in California? There is little ambiguity when it comes to the California probate fee structure. Indeed, California Probate Code section 10800 lays out a set structure for calculating the personal representative’s statutory (or “ordinary”) compensation, and lays out an identical structure for calculating the ordinary compensation of the personal representative’s legal counsel. The cost of probate in California generally has several components to it. Some of the more common costs include compensation for the personal representative and their attorney, extraordinary fees and appraisal fees.
Personal representatives and their attorneys are restricted by the law when it comes to how much they can charge the estate for “ordinary” services. Ordinary services refer to the services normally provided during the course of administration. The amount of their compensation for ordinary services is determined by the value of the estate, which is calculated through a professional appraisal of its assets. The personal representative and their attorney are generally entitled to the same compensation, so if the personal representative earns $10,000, it is likely that is how much their attorney will earn for ordinary services as well. Here is a breakdown of California probate fees for ordinary services provided by personal representatives and their attorneys:
| Estate Value | Compensation |
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9 million | 1% |
| Next $15 million | 0.5% |
| Next $25 million+ | Reasonable amount to be determined by the court |
It is important to keep in mind that California probate fees for personal representatives and their attorneys are cumulative. This means that if an estate is worth $2 million, the personal representative and their attorney will each earn 4% of $100,000 (or $4,000), 3% of the next $100,000 (or $3,000), 2% of the next $800,000 (or $16,000), and 1% of the next $9 million (or $10,000). While it’s possible a personal representative could waive their own fees, the fees for the attorney of the personal representative will still need to be paid. Since attorney fees for ordinary services in probate are determined by the law and not by the attorneys themselves, it is recommended that the personal representative retain a premier law firm that practices exclusively in probate, since the fees for ordinary services will be the same across the board. While a probate fees calculator and the chart above may be helpful in calculating the approximate cost of probate in California, they don’t take into account the “extraordinary fees” that could arise during administration or the costs of probate payable to others.
