Probate costs depend on the estate
A California probate may include court filing fees, publication, certified copies, appraisal charges, bond premiums when required, property expenses, accounting or tax work, and compensation for the personal representative and the representative's attorney. The total is different for every estate.
California's ordinary attorney-fee formula
For ordinary probate services, California Probate Code section 10810 bases attorney compensation on the value of the estate accounted for by the personal representative—not simply on the equity left after mortgages.
- 4% of the first $100,000.
- 3% of the next $100,000.
- 2% of the next $800,000.
- 1% of the next $9 million.
- 0.5% of the next $15 million.
- A reasonable court-determined amount above $25 million.
A simple illustration
Using the statutory ordinary-services formula, a $400,000 estate would produce $11,000 in ordinary attorney compensation: $4,000 on the first $100,000, $3,000 on the next $100,000, and $4,000 on the remaining $200,000. This is only an illustration. The inventory value, gains, receipts, losses, extraordinary work, and court orders can affect the actual amount.
The personal representative may also receive compensation
California Probate Code section 10800 provides a similar ordinary-services formula for the personal representative. A representative can waive compensation, but should discuss tax and estate consequences with qualified advisers before deciding.
Ask for a written cost explanation
Before hiring counsel, ask what is covered as ordinary work, what might be considered extraordinary work, which expenses the estate must advance, and when fees are requested from the court. For a case-specific estimate, speak with a California probate attorney.