The California legislature has recognized that persons who have lost a loved-one should not have to negotiate with attorneys at a time of vulnerability. Therefore, attorney's fees for probate proceedings are set by state law and are subject to court scrutiny and approval. It is the simplest and most predictable experience you will ever have when retaining an attorney.
Attorney's fees (and fees for the executor/personal representative) are calculated as a percentage of all the property passing through the estate. Note: when calculating the value of mortgaged real property, the mortgage is ignored; for purposes of probate, the value of a house is its fair market value on the date of death.
Use the calculator below to estimate Probate fees for estates up to $10,000,000
Estimated value of real and personal property
(Numbers only: No $ and no commas.)
Also note: attorneys and personal representatives often earn extraordinary fees for work above and beyond that of the normal probate process. These fees are also subject to court scrutiny and approval. If you have any questions about how this works, please contact us for a free consultation.