Probate cases can have different levels of complexity.

Some of fees are paid to us, some are paid to the court, and some to outsiders.

• There will be a $395 fee payable to the Court for each petition you have to file. Usually you only have to file two: the initial “Petition to Probate” the estate and a Petition for Final Distribution.

• For more complex cases, you may have to file additional petitions.

• You’ll also have to file a Notice of Probate in a newspaper. You are required to use only certain newspapers, and their charges will vary. Expect the notice to cost anywhere from $100 to $450.

Statutory fee

Our ordinary attorney’s fee -- called a “statutory” fee -- is based on the fair market value of the assets in the estate. The fee doesn’t take liabilities into account.

The probate code establishes a sliding scale:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% on the next $9,000,000
• 0.5% on the next $15,000,000
• A reasonable fee thereafter

Example

If the only asset in an estate is a $500,000 house, and there is a $400,000 mortgage on it, the statutory fee of $13,000 is based on the full $500,000 value:

• 4% of the first $100k = $4,000
• + 3% of the next $100k = $3,000
• + 2% of the remaining $300,000 = $6,000

Total: $13,000

Executor's fees

The executor is entitled to also charge the same fee. Often the executor is a family member who will waive the fee. (Most family members start out saying “it’s my family; I’m not going to charge." But in many cases they change their minds after they see how much work is involved and that no one else is helping.)

Probate legal fees example

Here’s how the fees would add up on a $500,000 probate case.

• $395 Court filing fee
• $100 publication fee
• $395 fee to file Petition for Final Distribution
• $13,000 attorney's statutory fee (see above example under "statutory fee")
• Possibly a 
$13,000 executor’s statutory fee

Total: $13,890 to $26,890

Special circumstances or needs

The above example assumes that everything goes smoothly. If problems pop up, it will take extra money to deal with them.

For example, it may turn out that the decedent hadn’t filed any tax returns in years. Or there may be problems selling the real estate.

For dealing with extra matters, the attorney and the executor are allowed to each charge “extraordinary fees.” We discuss such fees with you and get your approval before providing the services.

Get started

If you need probate legal services, I am here to help. Please ring my office at 650.325.8276, or get started here at this website.