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The State of California has established the minimum cost of probate, which is set forth in the chart below. However, it is most unusual to complete the probate process at such a low fee because this chart does not include extraordinary fees granted by the Court for sales of assets during probate, preparation of death tax return (Form 706), litigation expenses, etc.
Probate
Assets
|
Probate
Fees
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| 100,000 |
8,000 |
| 200,000 |
14,000 |
| 300,000 |
18,000 |
| 400,000 |
22,000 |
| 500,000 |
26,000 |
| 600,000 |
30,000 |
| 700,000 |
34,000 |
| 800,000 |
38,000 |
| 900,000 |
42,000 |
| 1,000,000 |
46,000 |
| 1,500,000 |
56,000 |
| 2,000,000 |
66,000 |
| 3,000,000 |
86,000 |
| 4,000,000 |
106,000 |
| *5,000,000 |
126,000 |
*In excess of $5,000,000, add 2% of the excess to $126,300. The rate drops to 1% above $10,000,000 and above $25,000,000 the Court determines the additional fees.
''Probate Assets'' means assets actually passing through probate administration. Fees are based on the gross value of each asset plus income receipts, plus gains on sales, less loss on sales, during probate administration. This chart represents the total statutory fee for both the attorney and the executor.
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