California's fee schedule for attorneys is found at Probate Code Section 10810 and for executors is at Probate Code Section 10800 and is a somewhat complicated formula. For ease of approximation, a simplified formula can be used. It works for probate estates with a value between $100,000 and $1 million. It is 2% of the probate estate value + $3000. That sum would be the statutory fee for the attorney and the executor would receive an identical sum.
If you own a home in California, the value (including the mortgage) would count towards the Probate Estate Value and could push you over $26,000 in probate cost.
|
PROBATE ESTATE VALUES
Home Value includes the Mortgage |
TOTAL ATTORNEY AND
EXECUTOR FEES* |
|
400,000
500,000 600,000 700,000 800,000 900,000 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 |
22,000
26,000 30,000 34,000 38,000 42,000 46,000 66,000 86,000 106,000 126,000 |
*The Attorney receives one-half of this sum and the executor receives the other half. However, often extraordinary fees are allowed which could make this total even higher!
