Probate Fees

Probate Fees Calculator*

California Probate Code Section 10810 sets the maximum statutory fees for attorneys and executors. Greater fees can be ordered by a court for complicated cases.
Section 10810 provides that for handling a probate case, the attorney and the executor** may independantly charge:

  • 4% of the first $100,000 of the gross value of the probate estate
  • 3% of the next $100,000
  • 2% if the next $800,000
  • 1% of the next $9,000,000
  • 0.5% of the next $15,000,000
  • a “reasonable amount” determined by the court*** for everything above $25,000,000
To determine the approximate fees an attorney will charge to handle a probate case, enter here the gross value of the estate $
Approximate Attorney’s fees $
Approximate Attorney’s fees as a percentage of the gross estate value %
Our standard fee to create a trust $2,800****
Our standardfee as a percentage of the gross estate value %
Estimated amount of probate Attorney’s fees that would be saved by creating a family trust $
  • *This calculation is provided as a convenience only. All calculations of attorneys fees and other costs should be confirmed by a separate official calculation.
  • **Depending upon the terms of the will, the Executor of the estate may have a right to charge a “commission” for his services in carrying out the provisions of the will. If the Executor charges a commission, the commision amount can be as great or greater than the fees charged by the attorney handling the probate.
  • ***Assumed to be 0.25% for the above calculation
  • ****Our firm typically charges $2,800 to create a family trust for a standard estate in order to avoid probate. Fees may vary depending on the complexity of the estate.