The minimum filing fee to probate an estate in California is $350.00, and that fee increases depending on the estimated gross value of the estate.
Once the Petition To Probate has been filed with the court, the personal representative, or the personal representative's attorney, will need to arrange for publication of the notice. The cost to publish notice is approximately $262.50.
As part of the probate process an Inventory and Appraisal form must be completed and submitted to a probate referee, who will value the property in the estate as of the date of the decedent's date of death. The fee for this required service is .01, or 1%.
The estimated gross value of the estate is determined by fair market value of the estate. The court does not take into consideration any liens or encumbrances against the property. For example, if the only property in an estate is a single family home, and the fair market value of that home is $300,000.00, the filing fee will be based on a $300,000.00 estate, even if there is no equity in the property.
The compensation for the personal representative (assuming the will does not prohibit compensation for the personal representative) and the attorney, for ordinary services rendered to the estate is established by statute and can be found in California Probate Code Section 10810.
To summarize, the attorney and the personal representative are each entitled to compensation as follows:
$00.00 to $100,000.00 4%
$100,000.01 to $200,000.00 3%
$200,000.01 to $800,000.00 2%
Example: If the value of the estate being probated is $300,000.00, the probate costs and fees would be as follows:
Filing Fee $ 350.00 Publication of Notice $ 262.50 Probate Referee $ 300.00 Personal Representative Compensation $ 9,000.00 Attorney Compensation $ 9,000.00
Fees and costs: $ 18, 912.50
In the event there is a need for extraordinary services required, the attorney has the right to petition the court for the payment of additional, extraordinary fee.
About the Author
Education: B.A., University of California, Davis American History
J.D., University of the Pacific, McGeorge School of Law
Bar Membership: State Bar of California, State Bar Number 122692 www.calbar.org
