Probate Fee Calculator
Please note: this calculator is intended for educational purposes only and is not a substitute for legal advice. Contact us today for more information.
Use our fast, user-friendly calculator below to approximate attorney fees and executor compensation for estates valued over $150,000, but below $25,000,000.
Estate Value Calculator
Please enter an estate value between $150,000 and $25,000,000.
How Probate Fees are Calculated
| Calculation | Value Used | Fee |
|---|---|---|
| 4% of the first $100,000 | $100,000 | $4,000 |
| 3% of the next $100,000 | $50,000 | $1,500 |
| 2% of the next $800,000 | $0 | $0 |
| 1% of the next $9,000,000 | $0 | $0 |
| .5% of the next $15,000,000 | $0 | $0 |
Probate Fees Results
What is Probate?
Probate is a court process of administering a deceased person’s estate, which involves identifying and gathering assets, paying off debt, and distributing the remainder to heirs and beneficiaries.
Why Should You Avoid Probate in California?
Besides the financial costs, probate is time-consuming and can strain the relationships your loved ones have with each other if there are conflicts regarding the distribution of your assets.
In California, probate is also expensive. While attorney fees and executor compensation are set by a predetermined formula, which basically states:
- For the first $100,000 of the gross estate value, attorney and executor are entitled to 4% each.
- For the next $100,000, they receive 3% each.
- For the next $800,000, they receive 2% each
- For the next $9 million, they receive 1% each.
- For the next $15 million, they receive 0.5% each.
- For values over $25 million, the court decides the fee.
- For estates over $25 million, the court determines a reasonable fee.
Thus, for a $1 million estate, the attorney fees and executor compensation alone would be $46,000!
On top of this, there may be extraordinary fees granted to the attorney and/or executor if the estate is complicated or requires work above and beyond what is typical.
On top of this, there are filing and other fees that come out of the estate. See below for more details.
As you can see, it quickly spirals out of control. And that’s why an estate plan created by a California estate planning attorney is absolutely critical.
If You Are Going Through Probate, We Can Help
There are plenty of unknowns during the probate process, but other than the initial filing fee (which is waivable if you qualify), none of these costs are due upfront.
And while we prefer you avoid probate, we offer expertise in all areas of estate planning, including probate administration.
Ready to get started? Contact us today by filling out the form below, or by calling (805) 900-7850.
What Other Costs Are There Besides Attorney Fees & Executor Compensation?
All numbers approximate and subject to change.
1. Initial Court Filing Fee: $500, can be waived upon proof of financial hardship.
2. Newspaper Publication: $500-$1500
3. Executor Insurance/Bond: 0.5% (half of 1%) of the gross value of estate if the court so requires, not always required. As an example, on a $1 million estate, the bond insurance premium will be roughly $5,000.
4. Court-Appointed Probate Referee: 0.1% (1/10th of 1%) of the gross value of the estate plus costs. On a $1 million estate, approximately $1,000.
5. Creditors’ Claims: creditors or certain government agencies will need to be paid prior to the final distribution of the state. Creditors must file their claims within four months after the death of the decedent.
6. Final Petition Court Filing Fee: $500, can be waived upon proof of financial hardship.
7. Accountants & Other Professionals: as needed to perform various administration activities.
