Probate California
- Probate value
- Gross Value (fair market value of assets with no adjustments for secured debt). For example, the decedent’s personal residence has a fair market value of $350,000 and an outstanding mortgage of $250,000. The probate value of the personal residence is $350,000.
- Small Estate Affidavit
- Affidavit is not available.
- Summary Administration
- Available if the total value of the probate estate does not exceed $100,000. The value of real property cannot exceed $20,000.
40 day waiting period. - Surviving spouse procedure
- If spouse inherits all of the decedent’s probate property, spouse can use a simplified probate procedures referred to as a Spousal Property Petition.
- Ancillary Probate
- N/A
- Statutory Attorney Fees*
- Statutory fees calculated as percentage of gross value of probate estate. Plus reasonable fees for additional services, such as transferof title.
| $0 to $100,000 | 4% | $4,000 PLUS |
| Next $100,000 | 3% | $3,000 = $7,000 PLUS |
| Next $800,000 | 2% | $16,000 = $23,600 PLUS |
| Next $9,000,000 | 4% | $36,000 to $59,600 PLUS |
| 0.5% of next $15,000,000 | .05% | $75,000 to $134,600 |
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- Statutory Executor Fees
- Statutory executor fees are the same as the statutory attorney fees. For example, if the probate estate has a value of $1,000,000, the attorney fee allowed would be $23,000 and the executor fee allowed would be $23,000.
- Probate Court Costs
- N/A
- Do It Yourself Support
- An individual can open a probate case and file the necessary forms. Probate court web sites provide forms and instructions.
- Probate Statutes
- N/A
- Special Notes
- The probate court is referred to as the Probate Court.
Tagged as: executor fee, executor fees, probate statutes
