Probate

Probate

California law requires a Probate proceeding if you’re worth more than $150,000 at the time of your death. A Will merely allows you to designate who the court appointed representative (Executor) for your estate will be and how your estate will be divided – there is still long, public, expensive Court case in the Probate Court required to settle your affairs.

Attorney’s fees in a California Probate Proceeding are $4,000 for the first $100,000 in assets, $3,000 for the next $100,000 in assets, and 2% of the next $900,000 in your estate. Accordingly, you will incur $13,000 in attorney’s fees for a $500,000 estate and $23,000 in attorney’s fees for a $1,000,000 estate. You can double those fees if your Executor chooses to charge for their services, so we are talking about $25,000 for a $500,000 estate and $50,000 for a $1,000,000 estate, in addition to court costs/fees (typically $1,000 – $3,000 depending on the size of your estate) and an average of 12 to 18 months in a court proceeding.

How do I start a Probate Case?

Set up a free, no obligation consultation with an attorney who handles Estate Planning and Probate matters. Bring a certified copy of the deceased party’s Death Certificate along with any Will or other Estate Planning documents.

What is the cost of probate?

Attorney’s fees in a California Probate Proceeding are $4,000 for the first $150,000 in assets, $3,000 for the next $150,000 in assets, and 2% of the next $900,000 in your estate. Accordingly, you will incur $13,000 in attorney’s fees for a $500,000 estate and $23,000 in attorney’s fees for a $1,000,000 estate. You can double those fees if your Executor chooses to charge for their services, so we are talking about $25,000 for a $500,000 estate and $50,000 for a $1,000,000 estate, in addition to court costs/fees (typically $1,000 – $3,000 depending on the size of your estate).

The information contained herein is general information about the law only. The law is subject to change. If you have a specific legal question and want your question(s) answered, consult with an attorney.