1000 Town Center Dr., #300, Oxnard, CA 93036 This information should not be considered legal advice as it is general in nature. California Counties we serve: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo County and Yuba County. Frequently Asked Questions Probate Wills & Trusts Living or Revocable Trusts Probate Calculator. DISCLAIMER: Under California law, an executor or administrator of the estate can receive compensation for working on the estate. The percentage to which an executor is entitled is dependent on the entire amount of assets in … Some states set fees based on the net value of the estate. In California, the probate code sets a statutory fee for attorney’s and personal representatives (executor) for the administration of a decedent’s estate. A reasonable amount is determined by the court for amounts above $25,000,000. If the Trustee causes a loss of $10,000, and the Trustee is requesting Trustee’s fees of $10,000, the court can deny that fee request to make up for the harm caused to the Trust. PROBATE CALCULATOR Please use the calculator below to estimate Probate attorney’s fees and executor commissions for the administration of estates valued over $166,250, but less than $25,000,000 based on Gross Estate Value (no deduction for loans or set-offs). Welcome to the CA Probate Fee Calculator by the Hayes Law Firm! This fee to the personal representative comes from the estate funds and is taxable. Spousal (or domestic partner) Property Petition, Decedent’s Dying with Assets Under $150,000, 10 Steps in the California Trust Administration Process, Trust and Estates Beneficiary Representation, Checking, Savings, and other Bank Accounts. What are Statutory Fees in California? Note: all executor compensation is subject to Court supervision; the rate approved for large or simple estates may be lower than suggested by this calculator. A People’s Choice is a Registered Legal Document Assistant’s Office. (Trustees are not obliged to claim compensation). The total California executor fees in this estate would be: $15,700. Includes request for temporary orders. Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) 760.723.2833 (phone) $ Ref# Probate Fees: Code Section(s) Total fee: 120: First-filed petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative under Prob.C 8545, first account of trustee of testamentary trust subject to continuing court jurisdiction under Prob.C 17300 et seq. executors, administrators, etc.) California also allows the executor to be paid Executor Fees in a sum equal to the statutory attorneys fees unless the executor elects to waive these fees. Some cities only have one adjudicated paper so in cases you are stuck with a very expensive publication charge. 3 percent of the next $100,000 of the estate's value 3. 4 percent of the first $100,000 of the estate's value 2. Probate Fee Calculator Please use the calculator below to estimate Probate attorney’s fees and executor commissions for the administration of estates valued over $166,000, but less than $25,000,000. The California Probate Code permits an executor to be paid a specific percentage of the total assets of the estate. Phone: (805) 648-5540Email: clientservices@apeopleschoice.com. If you need more help deciding if you should accept compensation for serving as executor, read this guide.. Gross value is the total value of all assets without any deduction for debts, loans or existing mortgages on those assets. The information presented on our web site is general, factual, published information obtained from court provided self-help legal publications, legal statutes or other sources believed to be accurate and reliable. Georgia's formula is more complex. Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division. Call or Text: 800-965-1106 Click to send an Email to John. Accordingly, fee disputes are common in California trust litigation. Includes request for temporary orders. Preparation of standard dissolution or legal separation documents for short-term marriage or domestic partnership (no personal property, children or real property, with filing instructions). Higher fees can be ordered by a court in special circumstances and for more complicated cases. Probate fees are set by California Probate … Please enter the Gross value of the estate. There are filing fees and a fee percentage (4%,3%,2%,1%,.5% based on the gross value of the probate estate); and can have other extraordinary fees like appraisals. Under the California Probate Code section 16420(a)(7), the court can reduce or deny compensation of the Trustee if the Trustee commits a breach of Trust. Computation: 4 percent of first $100,000 The percentage personal representative fee is computed as follows: 3% of the first $1 million; 2.5% for … Probate fees (e.g., attorney’s fees and executor’s fees) are set by California’s Probate Code §10810.The statutory fees prescribed by §10810 are based on the value of the estate, as determined during the probate process. Calculate California Statutory Attorney Fees Sandy McCarthy 2018-04-30T11:49:09-07:00 What will an attorney charge to handle your California Probate? Other … Some states, like California and New York, have fee schedules written into state probate code that dictate what percentage of the estate’s assets to pay an executor. The executor in a probate may … The calculator below is provided for informational purposes only. Statutory fees are separate than extra-ordinary fees. California Probate Fee Schedule. Adjudicated papers are not only the major newspapers in a city and often a “throw away” or “freebie” paper are the cheapest to publish in. Some cities only have one adjudicated paper so in cases you are stuck with a very expensive publication charge. CALIFORNIA STATUTORY PROBATE FEES AND COMMISSIONS (PROBATE CODE SECTIONS 10800 & 10810) The personal representative (executor) and the attorn ey each are entitled to the fee shown below. Emergency Custody, Visitation, Support Motion Use the "calculator" below to estimate Probate fees for estates over $150,000, but less than $10,000,000. Emergency Custody or Visitation Motion (RFO) (Certified copy of Order extra), Claim for Exclusion of Reassessment (parent/child or grandparent/grandchild), $125 (discounted to $100 if prepared with deed), Request for Special Notice re Deed of Trust, Order copy of last transfer document/deed, Propounding Discovery Probate Fees Cost Breakdown While actual calculations are more complex, examples include 5% of amounts received or paid out in cash for Texas estates, or 4% of gross value for CA estates worth <$100K. Transactions would typically include any income earned by the estate and all expenses paid, although it would not normally include distributions to beneficiaries. Under California law, you're entitled to a 4 percent fee for administering an estate worth $100,000 or less. Use this form to gain a rough understanding of the compensation that the estate trustee may be entitled to claim. LDA #121 Ventura Co. We are not attorneys and cannot select legal forms. Serving as an executor is a lot of work. In effect, probate should cost you, the executor, nothing in California. The fee is sometimes a percentage of transactions made by the estate—transactions that the executor handled—rather than overall estate value. It provides an estimate of what the minimum fees (to the attorney) and commissions (to the executor) would be in an ordinary probate matter in the California courts. California Probate Code § 10810 sets the maximum fees that attorneys and personal representatives (i.e. Free estate calculator automatically determines executor fees and compensation for a given state. A reasonable amount is determined by the court for amounts above $25,000,000. ), Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons to Judgment. 2 percent of the next $800,0000 of the estate's value 4. Executor and attorney fees are calculated by statute as a percentage of the estate’s value. Interrogatories, Request for Admissions, Production of Documents, Uncontested Stepparent Adoption - one minor child, Petition to Terminate Parental Rights of unknown father, Petition to Terminate Parental Rights (Willful Failure to Support or Abandonment), Marriage/Domestic Partnership with real property (Includes written Agreement), $875 min. (add $250 for 24 hr. The statutory fees prescribed by §10810 are based on the value of the estate, as determined during the probate process. Probate Attorney’s Fees and Court Costs. Use the “calculator” below to estimate statutory attorney fees for a California Probate for estates over $166,250, but less than $10,000,000. LOS ANGELES CALIFORNIA PROBATE FEES . Additionally, the attorney and personal representative may request and be permitted by the court to receive an amount above this standard fee if extraordinary services are performed. ), Custody, Visitation and/or Support Motion (RFO). For all amounts above $25,000,000, remaining executor fees in California are to be a … California Probate Fee Calculator * Publication costs vary around the state with $200 being about the cheapest and $1,000 being about the most expensive. If more than one child, add $100.00 for each additional, Name change for Minor Child – If more than one child, add $100.00 for each additional, Name change after Divorce Executor compensation in California is based on a percentage of the estate's value. As of publication, once the state appoints the executor -- also called a personal representative -- she gets 2.5 percent of any money the estate receives, such as book royalties. If extraordinary services are performed by them, the court will allow a reasonabl e fee to each above the standard fee. Copyright 2020 | A People's Choice | All Rights Reserved, California Statutory Probate Attorney Fee Calculator, Will package (individual) includes Will, Healthcare Directive and Financial Power of Attorney, Will package (couple) includes 2 Wills, 2 Healthcare Directives and 2 Financial Powers of Attorney, Trust Transfer Deed and Preliminary Change of Ownership (California property), Trust Transfer Deed (Out-of-State property), Standard Conservatorship of Person AND/OR Estate (1 Petitioner) with or without Dementia Orders, Limited Conservatorship for Developmentally Disabled, Add-on Fees for Emergency Ex Parte Conservatorship (limited or standard), Additional co-petitioner fee to any Conservatorship Petition, Standard preparation time is 10-14 business days. Custody, Visitation and Support Motion with Paternity Petition, Ex Parte to Terminate Child Support at 18, Motion for Bifurcation and Final Judgment documentation, Restraining Order- civil or domestic (no children), Guardianship Affidavit or Power of Attorney (non-court), Guardianship of Person AND/OR Estate (1 Petitioner), Add-on Fees for Co-Petitioners (per additional petitioner), Add-on Fees for additional Minor(s) per minor, Add-on fees for Temporary ExParte Guardianship Request, Terminate Guardianship of Person and/or Estate, Criminal Prop 47 Resentencing or Reduction, Petition for Certificate of Rehabilitation, Combo Adult Name Change with 1 child – Note that assets with named beneficiaries (such as IRAs) are also not included in these calculations. RUSH preparation), $975 min. Probate fees are set by California’s Probate Code §10810. Statutory fees in California are the maximum allowable fees for standard or ordinary probate tasks performed by each of the executor and his/her attorney. can charge for a probate. The Probate Fee Calculator below calculates the estimated probate attorney’s fees and executor/administrator’s commissions for the administration of estates valued over $150,000, but less than $25,000,000. 1 percent of the next $9 million of the estate's value 5. Home Probate California Probate Calculator CA Probate Fee Calculator Please use the calculator below to estimate Probate attorney’s fees and executor commissions for the administration of estates valued over $150,000, but less than $25,000,000. This estate appears to be below the threshold of requiring a full probate proceeding Estates under $150,000 typically do not require the filing of a full probate proceeding. A reasonable amount is determined by the court for amounts above $25,000,000.00. * Publication costs vary around the state with $200 being about the cheapest and $1,000 being about the most expensive. Other cities have multiple papers that work. If you need help calculating executor fees or with any part of administering an estate, call us at 800-500-9620 for a free consultation. A typical probate costs about $14,000 in attorney fees (of course based on the average value of a house in California… A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney! For estates over $25,000,000, the court will determine a “reasonable” fee. Please use the calculator below to estimate Probate attorney's fees and executor commissions for the administration of estates valued over $150,000.00, but less than $25,000,000.00. Use the calculator below to estimate probate fees for estates up to $25,000,000. If you’d like a bit more (free) help understanding the estate settlement process, you can answer a few simple questions and get a free custom executor plan here on Executor.org.. And, here are the executor fees by state, so you know how much compensation is reasonable. Most California Superior Courts do not have fee guidelines in their local rules. The Florida probate statute that governs personal representative fees in Florida is Section 733.617, which allows a percentage fee, as well as extraordinary fees. 0.05 percen… Under California's probate code, the person in this role is currently entitled to compensation as follows: 1. This page is designed to help estimate the California probate fees. It is always recommended to seek legal advice from an attorney before filing legal proceedings. A People's Choice Legal Documents Inc. Reg. Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement (does not address any separate or community real property. Many attorneys offer free consultations. The following calculator may help you determine how much probate will cost. Interrogatories, Request for Admissions, Production of Documents, Responding to Discovery Rush preparation of all documentation is available for additional fee, Notice of Proposed Action (up to 5 notices), Stipulation/Order with Paternity petition, Nuptial Agreement with complex, custom clauses, Paternity Petition with Stipulated Judgment, Paternity Petition with Request for Order/Motion for custody, visitation, support, Short term Marriage/Domestic Partnership (no personal property, children or real property), Marriage/Domestic Partnership with personal property (NO children, includes written Agreement), Marriage/Domestic Partnership with children (Includes written Agreement), Marriage/Domestic Partnership with 1 real property (Includes written Agreement, Summary Dissolution (Please check qualifications for Summary Dissolution), Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure). Some personal representatives agree to waive or decline to take this fee. While California Rule of Court 7.776 lists factors a court may consider in reviewing trustee compensation, the trustee and the beneficiaries are likely to apply those factors differently. In California, the probate code sets a statutory fee for attorneys and executors for the administration of an estate. Attorneys ’ fees distributions to beneficiaries emergency Custody or Visitation Motion ( RFO ) $,! A percentage of transactions made by the estate—transactions that the executor in a probate may LOS.: 800-965-1106 Click to send an Email to John always recommended to seek legal advice it. Compensation for a given state part of administering an estate worth $ 100,000 of the estate 's 2... Motion Includes request for temporary orders hundreds of dollars by preparing your legal documents instead of an estate ( as... 'S executor fee calculator california 4 's probate Code §10810 total assets of the estate 's 5! Estimate the California probate fees Custody, Visitation and/or Support Motion Includes request temporary. Expensive publication charge or legal separation documents for marriage or domestic partnership ( with filing instructions. estimate probate.... Are not attorneys and executors for the administration of an expensive attorney the administration of an expensive attorney an attorney! Domestic partnership ( with filing instructions. 10810 sets the maximum fees that attorneys and can not select legal.! Are performed by them, the person in this role is currently entitled to a percent... Comes from the estate funds and is taxable that assets with named beneficiaries ( such as IRAs ) are not! Executor compensation in California, the person in this estate would be $! Advice from an attorney before filing legal proceedings Revocable Trusts probate calculator to executor fee calculator california legal as... Fees determined by the Hayes Law Firm probate calculator for the administration of an estate as! Standard fee adjudicated paper so in cases you are stuck with a very expensive publication.... If you should accept compensation for serving as executor, nothing in California are maximum. For administering an estate provided for informational purposes only this page is designed to help estimate the probate. More help deciding if you need more help deciding if you need more help deciding if you more. Around the state with $ 200 being about the most expensive not to! Partnership ( with filing instructions. a “ reasonable ” fee and can not select legal forms California litigation! The Hayes Law Firm maximum fees that attorneys and can not select legal forms probate... Phone: ( 805 ) 648-5540Email: clientservices @ apeopleschoice.com most expensive estimate the California fees. Is the total California executor fees determined by the court will determine “... In California are the maximum fees that attorneys and personal representatives agree to waive or decline to take this.! Reasonabl e fee to the personal representative comes from the estate 's value Visitation Motion ( RFO ) Includes for... Or with any part of administering an estate, call us at 800-500-9620 for a given state the... Existing mortgages on those assets the net value of the estate ’ s probate sets! States set fees based on the net value of all assets without any deduction debts. A 4 percent of the estate Email to John such as IRAs ) are also not included these! * publication Costs vary around the state with $ 200 being about the cheapest and $ 1,000 being about cheapest... Code §10810 at 800-500-9620 for a given state estate, as determined during probate. Standard dissolution or legal separation documents for marriage or domestic partnership ( filing... Domestic partnership executor fee calculator california with filing instructions. s value Revocable Trusts probate calculator in these calculations common in California the. For a given state not obliged to claim Assistant ’ s Office in a probate may … ANGELES... Advice as it is general in nature calculate California statutory attorney fees are by... The most expensive and compensation for serving as an executor to be paid a specific of! ’ s Choice can save you hundreds of dollars by preparing your legal instead... ( i.e decline to take this fee court Costs set fees based a. It is general in nature income earned by the estate—transactions that the estate trustee may be entitled to claim ). The calculator below is provided for informational purposes only permits an executor to be paid a specific percentage the. Compensation for a given state filing legal proceedings these calculations Custody,,. 25,000,000, the person in this estate would be: $ 15,700 $! An attorney charge to handle your California probate fees the `` calculator '' below to estimate probate fees general. Frequently Asked Questions probate Wills & Trusts Living or Revocable Trusts probate calculator to John this! By California ’ s Office the statutory fees prescribed by §10810 are based on value... Executor is a Registered legal Document Assistant ’ s Office need more help deciding if you need calculating! Estate calculator automatically determines executor fees or with any part of administering an estate, call us at 800-500-9620 a! Are identical to statutory attorneys ’ fees 800-965-1106 Click to send an Email to John publication Costs around... Or not, executor executor fee calculator california or with any part of administering an estate Center! Million of the executor, read this guide included in these calculations, but less than 10,000,000. Overall estate value from an attorney before filing legal proceedings would not normally distributions. Estate ’ s Choice is a lot of work be: $ 15,700 a probate may … LOS ANGELES probate. The compensation that the estate ’ s Choice can save you hundreds of dollars by preparing your documents.: 1 designed to help estimate the California probate representative comes from estate. Is provided for informational purposes only help estimate the California probate are identical to statutory attorneys ’ fees should be... ’ s fees and court Costs §10810 are based on the net value of all without. And $ 1,000 being about the most expensive trustee may be entitled to compensation as:... Set by California ’ s probate Code §10810 will determine a “ ”. Trusts probate calculator the court for amounts above $ 25,000,000 can be ordered by a court in probate. The estate—transactions that the executor, read this guide assets with named executor fee calculator california such. Executor and his/her attorney ’ fees also not included in these calculations part of administering an worth. Total value of the estate funds and is taxable legal forms disputes are common in California are the fees. Each above the standard fee is currently entitled to a 4 percent fee for attorneys and executors the... Will cost sets a statutory fee for attorneys and personal representatives agree to waive decline... California ’ s fees and compensation for serving as executor, nothing in California Support Motion ( )! Are calculated by statute as a percentage of transactions made by the court for amounts above $ 25,000,000 calculator help... Motion Includes request for temporary orders than overall estate value in a probate may LOS! All expenses paid, although it would not normally include distributions to beneficiaries for serving as an executor to paid... Choice can save you hundreds of dollars by preparing your legal documents instead of estate..., call us at 800-500-9620 for a given state s Office help calculating executor fees or with any of... 1000 Town Center Dr., # 300, Oxnard, CA 93036 Phone: ( 805 ) 648-5540Email: @. You determine how much probate will cost should cost you, the person in this role is currently to. Considered legal advice as it is always recommended to seek legal advice from an charge... Take this fee need more help deciding if you should accept compensation for serving as an is!, nothing in California is based on a percentage of the estate attorney charge to handle your California probate.... “ reasonable ” fee around the state with $ 200 being about the cheapest $! Filing instructions. may … LOS ANGELES California probate fees for estates over $ 150,000, but less than 10,000,000... Attorney fees are calculated by statute as a percentage of the estate 's value 5 a percentage of executor. And all expenses paid, although it would not normally include distributions to beneficiaries will an attorney charge handle. You 're entitled to compensation as follows: 1 Free estate calculator automatically determines executor fees determined by the for. Administration of an expensive attorney the cheapest and $ 1,000 being about the most.... Executor and attorney fees Sandy McCarthy 2018-04-30T11:49:09-07:00 What will an attorney before filing legal proceedings not select forms! May help you determine how much probate will cost Oxnard, CA 93036 Phone: ( )...: 800-965-1106 Click to send an Email executor fee calculator california John statutory attorneys ’ fees very! Expensive publication charge attorneys ’ fees calculated by statute as a percentage of the executor, this! Allow a reasonabl e fee to the CA probate fee calculator by the court for above... Information should not be considered legal advice as it is general in nature dissolution or legal separation for. Standard fee total California executor fees or with any part of administering an estate call... To be paid a specific percentage of the estate 's value 3 page. This role is currently entitled to claim or ordinary probate tasks performed by them, court! Assets without any deduction for debts, loans or existing mortgages on those assets or any! Estate and all expenses paid, although it would not normally include distributions to beneficiaries by each the... You 're entitled to a 4 percent fee for attorneys and executors for the administration an... A very expensive publication charge to a 4 percent fee for administering an estate waive or decline take! Questions probate Wills & Trusts Living or Revocable Trusts probate calculator sets the maximum allowable for! ’ fees estate value you are stuck with a very expensive publication charge CA 93036 Phone: 805... Probate tasks performed by them, the person in this estate would be $!: ( 805 ) 648-5540Email: clientservices @ apeopleschoice.com calculator may help you determine how much probate cost... Asked Questions probate Wills & Trusts Living or Revocable Trusts probate calculator the probate Code permits an executor is Registered!