California Probate Fees

California Probate Fees

Currently, California Probate Code 10800 sets the compensation for the Personal Representative and for the Attorney for the Personal Representative of an Estate that is subject to Probate as follows:

  • Four percent on the first one hundred thousand dollars ($100,000).
  • Three percent on the next one hundred thousand dollars ($100,000).
  • Two percent on the next eight hundred thousand dollars ($800,000).
  • One percent on the next nine million dollars ($9,000,000).
  • One-half of one percent on the next fifteen million dollars ($15,000,000).
  • Above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the Court.

According to this schedule, the Probate fee on an estate of $1,000,000 is equal to $23,000.

Please bear in mind, that this is the fee to be paid to both the attorney and the personal representative.

While many personal representatives forgo their share of the fee, not all will do so. Therefore, it is possible that the full probate fee on an estate of $1,000,000 is equal to $46,000! And that is not including court filing fees!

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