Statutory Probate Fees
| Size of Estate |
Statutory Fee |
Fee Rate on Excess |
| $0 - $100,000 |
$0.00 |
4% |
| $100,000 - $200,000 |
$4,000.00 |
plus 3% on amounts between $100,000 and $200,000 |
| $200,000 - $1,000,000 |
$7,000.00 |
plus 2% on amounts between $200,000 and $1,000,000 |
| $1,000,000 and over |
$23,000.00 |
plus 1% on amounts over $1,000,000 |
The above table is the listing of fees provided by the California
Probate Code. Both the attorney for the estate and the executor or
personal representative of the estate are entitled to such fees.
It is the fee for preparing the paperwork necessary for the court and
for handling the court proceedings. It does not include any filing
fees the court may charge nor does it include what is referred to as
extraordinary fees for handling such things as real estate sales and tax
returns.
The size of the estate is based on the fair market value of the
assets on the date of death without any deductions for debts, expenses
or mortgages.
EXAMPLES
| Size of Probate Estate |
Calculation |
Fee |
| $250,000 |
$7,000 + (2%* $50,000)= $7,000 + $1,000 |
$8,000 |
| $750,000 |
$7,000 + (2% *$550,000)= $7,000 + $11,000 |
$18,000 |
| $1,250,000 |
$23,000 +(1%*$250,000)= $23,000 + $2,500 |
$25,500 |
| $2,000,000 |
$23,000 + (1%*$1,000,000)= $23,000 + $10,000 |
$33,000 |
The above fee would be double if the executor chooses to take
the fee as well. |