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
Statutory Attorney Fees
Statutory fees calculated as percentage of gross value of probate estate.   Plus reasonable fees for additional services, such as transfer of 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
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
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
Special Notes
The probate court is referred to as the Probate Court.