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What are the costs of letting your heirs go to probate in California?

In California, the statutory probate attorney fee and executor commission are based on the total value of the estate, excluding any debts or loans. It is an expensive and time consuming process.

 

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

Calculation Example:

For an estate valued at $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.

 

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