Fixed Fee For Probate In California
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FAQ
Yes, you can probate a will in California without a lawyer. This approach, often called “pro se” probate, is permitted by California law. If the estate is straightforward—such as having a single beneficiary or only a few, easily identifiable assets—handling probate yourself might be a feasible option.
How Can You Avoid Probate in California? You can hold your assets in a revocable or irrevocable living trust. You can gift property to others while you are alive. You can title assets in joint tenancy with another person.
You can transfer property without opening probate if the estate is valued under a set amount. That amount changes every few years and is based on the year the person passed away. You can find the latest limits in Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (form DE-300).
Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.
For estates valued over $150,000, but less than $25,000,000, the statutory fees for attorneys and executors in California's probate cases are a sum of the following: 4% on the initial $100,000. 3% on the subsequent $100,000. 2% on the next $800,000.
A: To avoid probate in California the estate must be worth less than $166,250.
(1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000).
