California probate fees are set forth in California’s statutory rules, Probate Code Section 10810 for the executor or personal representative and the attorney. The fees are calculated as a percentage of the estate and is based on the gross value of the estate at the time of death. For example, if a house has a time of death value of $1,000,000 with a $400,000 outstanding mortgage, the gross value of the estate is $1,000,000. The gross value of the estate does not include life insurance policies or retirement accounts with designated beneficiaries or any assets in a living trust.
The court can also award “extraordinary fees” for additional compensation to the attorney or personal representative, for work outside the usual course of probate in an amount the court determines is just and reasonable. (Probate Code Section 10811(a).
| FMV | Total Fees | FMV | Total Fees |
|---|---|---|---|
| $350k | $20,000 | $1m | $46,000 |
| $500k | $26,000 | $1.5m | $56,000 |
| $750k | $36,000 | $2.3m | $72,000 |
Value of Estate
Administrative Costs
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Amity Law Group, LLP
