California Probate Cost Calculator
Estimate the statutory attorney and executor fees, along with other common costs, for a probate estate in California.
Enter the total fair market value of all assets subject to probate.
Estimated Probate Costs:
Understanding California Probate Costs
Probate is the legal process of proving a will, appointing an executor, and administering the estate of a deceased person. In California, this process can be complex and costly, with fees often calculated based on the gross value of the estate. This calculator provides an estimate of the statutory fees for attorneys and executors, along with other common costs you might encounter.
What is Included in the Gross Estate Value?
For probate purposes, the "gross estate value" refers to the total fair market value of all assets subject to probate. This typically includes:
- Real estate (e.g., homes, land) held solely in the deceased's name or as tenants in common.
- Bank accounts, investment accounts, and brokerage accounts held solely in the deceased's name without a designated beneficiary.
- Personal property (e.g., vehicles, jewelry, art, furniture).
- Business interests.
- Life insurance policies or retirement accounts where the estate is the beneficiary.
Assets that typically bypass probate and are NOT included in the gross estate value for fee calculation include:
- Assets held in a living trust.
- Assets held in joint tenancy with right of survivorship.
- Assets with designated beneficiaries (e.g., life insurance, 401(k)s, IRAs).
- Payable-on-death (POD) or transfer-on-death (TOD) accounts.
California Statutory Fees for Attorneys and Executors
California Probate Code ยง 10810 sets forth a statutory fee schedule for both the attorney representing the estate and the personal representative (executor or administrator). These fees are calculated based on the gross value of the probate estate, not the net value after debts. The fees are identical for both the attorney and the personal representative:
- 4% on the first $100,000 of the estate.
- 3% on the next $100,000 (from $100,001 to $200,000).
- 2% on the next $800,000 (from $200,001 to $1,000,000).
- 1% on the next $9,000,000 (from $1,000,001 to $10,000,000).
- 0.5% on the next $15,000,000 (from $10,000,001 to $25,000,000).
- For estates exceeding $25,000,000, the court determines a "reasonable amount."
It's important to note that these are maximum statutory fees. An attorney or executor may agree to a lower fee, but they cannot charge more than the statutory amount without court approval for "extraordinary services."
Other Common Probate Costs
Beyond the statutory fees, several other costs are typically incurred during the California probate process:
- Court Filing Fees: These vary by county and the complexity of the case, but generally range from a few hundred to several thousand dollars.
- Publication Fees: California law requires notice of the probate proceeding to be published in a local newspaper. This typically costs a few hundred dollars.
- Appraisal Fees: An independent probate referee must appraise most estate assets. These fees are usually a percentage of the appraised value (e.g., 0.1% to 0.25%).
- Certified Copies: Fees for obtaining certified copies of court orders and other documents.
- Bond Premiums: If the will does not waive a bond for the personal representative, or if there is no will, a bond may be required, incurring an annual premium.
- Extraordinary Fees: In some cases, attorneys or personal representatives may petition the court for additional fees for "extraordinary services" beyond the routine administration of the estate. Examples include selling real estate, litigation, or handling complex tax matters.
- Tax Preparation Fees: Costs associated with preparing the deceased's final income tax returns and any estate tax returns.
Examples of California Probate Costs:
Let's look at a few examples using the statutory fee schedule:
- Estate Value: $250,000
- First $100,000: $100,000 * 4% = $4,000
- Next $100,000: $100,000 * 3% = $3,000
- Remaining $50,000: $50,000 * 2% = $1,000
- Total Statutory Attorney Fee: $8,000
- Total Statutory Executor Fee: $8,000
- Estimated Court & Other Costs: ~$1,500 – $2,500
- Total Estimated Probate Cost: ~$17,500 – $18,500
- Estate Value: $1,500,000
- First $100,000: $100,000 * 4% = $4,000
- Next $100,000: $100,000 * 3% = $3,000
- Next $800,000: $800,000 * 2% = $16,000
- Remaining $500,000: $500,000 * 1% = $5,000
- Total Statutory Attorney Fee: $28,000
- Total Statutory Executor Fee: $28,000
- Estimated Court & Other Costs: ~$3,000 – $5,000
- Total Estimated Probate Cost: ~$59,000 – $61,000
Minimizing or Avoiding Probate
Given the costs and time involved, many Californians seek to avoid probate. Common strategies include:
- Living Trusts: Transferring assets into a revocable living trust allows them to be distributed to beneficiaries without court involvement.
- Joint Tenancy: Holding property in joint tenancy with right of survivorship means the asset automatically passes to the surviving owner.
- Beneficiary Designations: Naming beneficiaries on bank accounts (POD), investment accounts (TOD), life insurance policies, and retirement accounts ensures these assets bypass probate.
- Small Estate Affidavit: In California, estates with a gross value of $184,500 or less (as of 2023) may qualify for a simplified transfer procedure without formal probate.
Consulting with an experienced estate planning attorney can help you understand the best strategies for your specific situation and minimize potential probate costs for your loved ones.