06/03/2026
This fact pattern results in $40,000 in probate fees/costs and potentially more! Fees for a California Probate are set by California law, and it is a percentage of the value of the assets of the estate (the assets left behind when someone passes away). Here is a breakdown:
4% of the first $100K
3% of the next $100K
2% of the next $800K
1% of the next $9M
and if you leave more than that, the fees increase.
In our fact pattern, the "Personal Representative" of the Estate (the person that walks your assets through the Probate Court Process) is entitled to be paid $19,000 for his/her work (and it is work!). And if that person hires an attorney to help them through the process (they probably will because the process is complicated), that attorney is entitled to the same $19,000 compensation! On top of that, there are court filing fees, publication fees, probate referee fees, and other costs that easily add up to $2,000 or more. Plus, if additional issues come up that are above-and-beyond what is normal, the Personal Representative and attorney can request "extraordinary compensation" on top of the statutory comp.
The good news is you don't have to put your family through that. Probate can be avoided (along with the probate fees) with the right estate planning strategy. Give us a call and let's talk!