Statutory Probate Fees

Statutory Probate Fees What are Statutory Probate Fees in California?

In accordance with California Probate Code section 10810: For Ordinary Services of an attorney for the personal representative in a probate proceeding the attorney compensation is based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of 1 percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

In accordance with California Probate Code section 10811: In addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable. In addtion, an attorney for the personal representative may agree to perform extraordinary service on a contingent fee basis subject to the following conditions: (1) The agreement is written and complies with all the requirements of Section 6147 of the Business and Professions Code. (2) The agreement is approved by the court following a hearing noticed as provided in Section 10812. (3) The court determines that the compensation provided in the agreement is just and reasonable and the agreement is to the advantage of the estate and in the best interests of the persons who are interested in the estate.

Court Filing Fees for Probate Petitions in California
Estate or trust under $250,000 $320
Estate or trust of at least $250,000 and under $500,000 $385
Estate or trust of at least $500,000 and under $750,000 $485
Estate or trust of at least $750,000 and under $1,000,000 $635
Estate or trust of at least $1,000,000 and under $1,500,000 $1,135
Estate or trust of at least $1,500,000 and under $2,000,000 $2,135
Estate or trust of at least $2,000,000 and under $2,500,000 $2,635
Estate or trust of at least $2,500,000 and under $3,500,000 $3,635
Estate or trust of $3,500,000 and over $3,635 plus 0.2% of estate’s value over $3.5M
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Protect your family and avoid the high costs of probate by setting up a revocable living trust. An attorney in our Orange County estate planning office located in Newport Beach and serving communities such as Irvine, Huntington Beach, Costa Mesa and Laguna Beach can assist you with your estate planning needs. Please feel free to contact a lawyer in our office for more information.
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Please find below links to some of the estate planning and probate lawyer resources on our website. If you have any additional questions, please feel free to contact an lawyer in our Orange County office located in Newport Beach and serving communities such as Irvine, Laguna Beach, Costa Mesa, and Hunitngton Beach.


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