(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).
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.
The formula for calculating fees is found in California Probate Code Sections 10810 and 10811, and is based upon the estate accounted for, as follows: 4% of the first $100,000. 3% of the next $100,000. 2% of the next $800,000. 1% of the next nine million dollars. ½ of 1% of the next fifteen million dollars.
For the first $100,000 of the estate value, both parties are entitled to 4%. For the next $100,000, they receive 3%. For the following $800,000, they receive 2%.
For the first $100,000 of the estate value, both parties are entitled to 4%. For the next $100,000, they receive 3%. For the following $800,000, they receive 2%. For the next $9 million, they receive 1%.
In most counties in California, the minimum time to wrap up a formal probate is approximately 8 months (i.e. 2 months to get a hearing date to have an Executor/Administrator appointed + 4 months for creditors to file a claim + 2 months to get a hearing to approve final distribution).
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.
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.
4% on the first $100,000 of the estate's value. 3% on the next $100,000. 2% on the next $800,000.