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How Much Does Probate Cost?

The legal fees associated with probate are set forth in California Probate Code Section 10800. The ordinary statutory fees are determined based on the size of the probate estate as follows:

  • 4% of the first $100,000
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9,000,000
  • ½% of the next $15,000,000
  • For all amounts above $25,000,000,a reasonable amount to be determined by the Court
The personal representative (i.e., the Executor or Administrator) is also entitled to the statutory fee for their services performed relating to the administration of the estate.
In addition to the ordinary statutory fees authorized by the Probate Code, the Court generally awards fees for extraordinary services relating to the following, for example:
  • The sale of real property
  • Locating beneficiaries
  • Preparation of estate tax returns (if required)
Extraordinary fees are those services provided to the estate over and beyond those required during the ordinary administration of the estate.