Why avoid probate in California? What are the costs of letting your heirs go to probate?
California Probate can be a costly and time-consuming process. In California, the statutory probate attorney fee and executor commission are based on the total value of the estate, excluding any debts or loans.
According to probate code §10800 & 10810, the attorney fee and executor compensation follow a descending percentage fee structure for estates valued over $150,000 but less than $25,000,000:
- For the first $100,000 of the estate value, both parties are entitled to 4%.
- For the next $100,000, they receive 3%.
- For the following $800,000, they receive 2%.
- For the next $9 million, they receive 1%.
- For the following $15 million, they receive 0.5%.
- For values over $25 million, the court determines the fee.
An Example Calculation
Let’s take an example of an estate worth $2,000,000:
- 4% of the first $100,000 is $4,000.
- 3% of the next $100,000 is $3,000.
- 2% of the next $800,000 is $16,000.
- 1% of the next $1,000,000 is $10,000.
In this example, the total fee would be $33,000–but both the personal representative and attorney entitled to the same payment. Therefore, the total fee for the executor and probate attorney would be $66,000.
That’s a huge chunk of the original value of the estate lost–likely because the person who passed didn’t have a savvy, updated plan in place that was explained to all the beneficiaries.
So you can see why you’d need an actual California Probate Attorney to explain this to you, or better yet create an Estate Plan for you, and not rely just on things like internet tools.
Using the California probate calculator to tally the amount of probate costs and executor commissions for your personal property is very simple with our calculator, but again: Keep in mind this is only a general estimate of probate administration fees, and you should consult with an Estate Planning attorney to get a more accurate assessment than our probate calculator for California can provide.
What Do We Do?
The lawyers and staff at CunninghamLegal help people plan for some of the most difficult times in their lives; then we guide them when those times come. We offer tremendous expertise in all issues of Estate Planning, including the most complex tax and financial questions. Our experience makes it simple for you to protect your loved ones and your legacy. We also believe that everyone needs access to great Estate Planning, so our rates are competitive.
You can use our CA probate fee calculator above to estimate probate attorney’s fees in your situation, but please consider—not to belabor the point—that the fees and executor commissions can vary based on the specific California probate code section that applies, as well as other specifics.
Make an appointment to meet with CunninghamLegal for California Estate Planning and Trust Administration. We have offices throughout California, and we offer in-person, phone, and Zoom appointments. Just call (866) 988-3956 or book an appointment online.
Please also consider joining one of our free online Estate Planning Webinars.
We look forward to working with you!
