Please enter your information below to estimate probate attorney’s fees and executor commissions for the administration of estates valued over $150,000, but less than $25,000,000. A reasonable amount is determined by the court for amounts above $25,000,000.
*This probate fee calculator is for informational purposes only and should may not be considered nor relied on in place of legal advice
Property Subject to Probate Administration
The Fees
Executor’s Commission:
Attorney’s Fee:
Total Attorney’s Fees and Executor’s Commission:
By creating an estate plan, you could save up to:
Explanation of Calculation
Frequently Asked Questions
The state of California determines probate attorney fee commissions based on the estate’s total value. For estates valued over $150,000, but less than $25,000,000, statutory fees for executors and their legal counsel in a California Probate are calculated on the gross value, not the net value of the estate. Statutory compensation, otherwise referred to as “ordinary compensation”, is calculated as set forth in California Probate Code Section 10800, as follows:
- 4% on the initial $100,000
- 3% on the subsequent $100,000
- 2% on the next $800,000
- 1% of subsequent $9,000,000
- .5% of subsequent $15,000,000
A reasonable amount is determined by the court for amounts above $25,000,000. Additionally, the attorney and personal representative may “Additionally, the attorney and personal representative may apply for additional “extraordinary” compensation for work above and beyond an “ordinary” probate administration. Extraordinary fees are subject to rule 7.703 of the California Rules of Court and within the discretion of the court. The court may consider the amount of statutory compensation when determining compensation for extraordinary services.
If you would like to try this on your own, you will need to become familiar with the relevant provisions of the California Probate Code as well as the California Rules of Court. Probates are fraught with minefields that open the Administrator/Executor to surcharge if they do not follow the rules. Probates generally take on average from 12-18 months to administer without continuances. Probates take much longer when a self-represented individual cannot clear probate notes (a list of court deficiencies) and it takes 3, 4, or more continuances to clear their notes by filing the correct paperwork. If you want to get the probate process completed faster, getting competent counsel matters.
Assets that were titled in the decedent’s name at the time of death AND:
- Not held in Joint Tenancy
- No named pay on death or transfer on death beneficiary was named
- No beneficiary form is on file
- Not titled in a Trust
A reasonable amount is determined by the court for amounts above $25,000,000. Additionally, the attorney and personal representative may “Additionally, the attorney and personal representative may apply for additional “extraordinary” compensation for work above and beyond an “ordinary” probate administration. Extraordinary fees are subject to rule 7.703 of the California Rules of Court and within the discretion of the court. The court may consider the amount of statutory compensation when determining compensation for extraordinary services.
Being prepared for your initial appointment allows you to get the most value and peace of mind. Please make sure to bring the following documents with you to your initial meeting:
- Will, Trust and any amendments
- Any Pre-nuptial or Post-Nuptial agreements
- A list of known assets- including financial institution, account number and approximate balance/value
- Current statements for all known assets and accounts
- Decedent’s social security number and death certificate
- Contact information for beneficiaries
- Business agreement documents, if applicable
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For compassionate representation with our experienced conservatorship lawyers in Southern California, email us or call The Estate Lawyers at 949-250-7800 to schedule a complimentary, 20-minute initial consultation at our Orange County office.
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