COST OF PROBATE

In most states, lawyers charge by the hour or collect a flat fee for probate work. Not so in California. It’s one of only a few states that let lawyers charge a “statutory fee”—an amount that is a percentage of the value of the assets that go through probate. The maximum¹ fees a probate attorney can charge are set out in state statutes. (Cal. Probate Code §§ 10810, 10811.)

In very complicated cases, the court can order higher fees to be paid.  These charges are based on the value of the estate which is commonly set by an inventory but the debts of the estate are not part of determining the fees of an attorney.  The fee scale is based on a percentage of the assessed value of the estate. Attorney fees get paid at the end in most standard probate cases.

Here are the current rates:

4% of the estate between $0 and $100,000
3% of the estate between $100,001 and $200,000
2% of the estate between $201,000 and $1,000,000
1% of the estate between $1,000,000 and $10,000,000
.5% of the estate between $10,000,001 and $25,000,000
A reasonable amount, to be determined by the Court for any estates over $25,000,000.

¹Probate Attorney is not required to charge the “estate” the maximum statutory fees.

 

Elder Law Services of California, APLC, is a law firm dedicated to assisting our many and varied clients in all probate matters. Our motto is “Making Difficult Times Simple.”
For a FREE case evaluation, call us toll free at (800) 403-6078 and schedule an appointment with an experienced, reliable probate attorney. Be sure to inquire about our 20% legal fee discount program.