Campbell Law Offices
1970 Broadway, Suite 625
Oakland, CA 94612-2227
(510) 832-0742
Fees and Expenses
There are several expenses involved in probating a decedent's estate. All of the fees are expenses of the estate and may be paid out of the estate, although sometimes a person must advance the fees and wait to be reimbursed by the estate later.
The Typical Fees and Expenses:
•Initial Court Filing Fee - $320.00
•Certification of Court documents - $ 93.00 (assuming six certifications; more or less may be required)
•Newspaper publication fee - $150 to $500, depending on the newspaper
•Probate referee fee - 1/10 of 1% of the inventory value (minimum $75.00)
•Miscellaneous Court filing fees - $40.00 per petition filing
Compensation of Administrators (Executors) and Estate Attorneys in a probate:
There are two types of compensation: ordinary and extraordinary.
The ordinary compensation paid to an Administrator (executor) and the Attorney for the Administrator of a Probate Estate is specified by California Law (PC ยง10800 et seq.), and the fee is based on the value of the estate. The Administrator and the Attorney both receive the same amount of compensation for their services to the estate.
The fee for ordinary services provided by the Administrator and the Attorney for the Administrator is calculated as follows:
•4% of the first $100,000 of gross value of the estate
•3% of the next $100,000 of gross value of the estate
•2% of the next $800,000 of gross value of the estate
•1% of the next $9,000,000 of gross value of the estate
•1/2% of the next $15,000,000 of gross value of the estate
For any amount over $25,000,000 of gross value of the estate, a reasonable compensation is determined by the Court.
This fee is paid from the assets of the estate, usually at the end of the probate process. No compensation may be paid from the estate to the administrator or the attorney for the administrator without prior court approval.
For example:
Assuming that the decedent died owning a home worth $300,000, with a house note (mortgage, etcetera) of $50,000 still owing, $25,000 of savings in the bank, $3,000 in a checking account and $7,000 worth of credit card debt, the estate's gross value would be $328,000. This is the full value of the house at $300,000, plus the $25,000 of savings and the $3,000 in checking. The house note and credit card debt are not subtracted when computing the compensation.
In this particular scenario, the fee for ordinary compensation would be calculated as follows:
•$4,000 = 4% of the first $100,000 of value
•$3,000 = 3% of the second $100,000 of value
•$2,560 = 2% of the next $128,000 of value.
When you add these percentages, $9,560.00 is the compensation which will be paid to the administrator and the administrator's attorney.
Extraordinary compensation may be requested when the personal representative or estate attorney does work above and beyond the ordinary probate. The court may allow the additional compensation out of the estate in an amount determined to be just and reasonable for those services.
Typically, extraordinary compensation is requested when there are contested or litigated claims against the estate; for defense of a will contested after its admission to probate; for sale or mortgage of real or personal property; for preparation of tax returns, litigation involving estate property, carrying on the decedent's business, recovery for expenses of bad faith contests or oppositions, costs of preliminary distributions, and any number of other reasons the court determines were necessary to properly close the estate.
Return to Probate
Home
Guardianships •
Probate •
Conservatorships •
Trusts •
Estate Planning •
Litigation
The Firm •
Humor •
Location and Directions
Articles •
Links