Probate Compensation is Determined by California Probate Code
A probate judge is bound by the California Probate Code in determining the amount of statutory compensation to the personal representative (Probate Code Section 10800(a) and to the attorney for the estate (Probate Code Section 10810(a)).
- 4% of the first $100,000.00.
- 3% of the next $100,000.00.
- 2% of the next $800,000.00.
- 1% of the next $9,000,000.00.
- 0.5% of the next $15,000,000.00.
- The Court will determine a “reasonable amount” for all amounts above $25,000,000.00
Probate Compensation is Based on the Appraised Value of the Property
Under the Probate Code compensation formula, the estate of a homeowner who owned a $950,000.00 home will be considered to have an asset valued at $950,000.00 regardless of how much the homeowner owed to the bank on his mortgage. The Probate Court will not give a credit to the estate for the amount of the mortgage. The estate will pay $23,000.00 to the personal representative and will pay $23,000.00 to the attorney for the estate in addition to the other probate expenses.
Additional Probate Expenses
The current fee to file a probate in Los Angeles County is almost $400.00. Upon the filing of the petition for probate, the estate must give notice of the petition for probate in a local newspaper, which could cost an additional $500.00. The Court will appoint a Probate Referee who will appraise the value of the estate and the Probate Referee typically charges a fee of 0.1% to 1% of the gross value of the estate plus costs.
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