Fixed Fee For Probate In Sacramento
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FAQ
In the context of California probate, extraordinary fees refer to additional compensation that may be awarded to the personal representative and/or the attorney for handling tasks or services that are beyond the scope of what is considered routine or ordinary in the administration of an estate.
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.
A: To avoid probate in California the estate must be worth less than $166,250.
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.
(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).
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).
In California, Probate Attorney fees and Executor commissions are determined by California Probate Code §10800 & 10810 and are based on the gross value of the estate. As of 2025, the statutory attorney and executor probate fees in California are as follows: 4% on the first $100,000. 3% on the next $100,000.
Here's a breakdown: 4% on the first $100,000 of the estate's value. 3% on the next $100,000. 2% on the next $800,000.
Based on these timelines, the minimum time required to complete probate administration is approximately eight months, but most due to tax filing timelines and real estate sale issues, most estates take closer to one year to administer.
