Costs & Legal Support Frequently Asked Questions

  • Are probate fees set by law in California?

    Yes. Under California Probate Code §10810, statutory fees for both attorneys and executors are calculated as follows:

    • 4% of the first $100,000
    • 3% of the next $100,000
    • 2% of the next $800,000
    • 1% of the next $9,000,000

  • Do I need a probate attorney?

    While not strictly required, probate involves rigid deadlines and complex filings. Even minor errors can lead to personal liability for the executor or the case being dismissed by the judge. Most executors find the help of an attorney indispensable.

  • Can I handle probate on my own?

    You can, but it is challenging. California probate courts are very "procedural." If you miss a notice or fail to file an inventory correctly, the court will likely reject your filings, causing delays and potentially increasing costs.

  • How are attorneys paid in probate cases?

    In California, probate attorneys are typically not paid "upfront." They are paid the statutory fee at the very end of the case out of the estate assets, only after the judge approves the payment.

  • What should I bring to a probate consultation?

    To make the most of your meeting, bring:

    • The original Will (if one exists).
    • A certified copy of the Death Certificate.
    • A list of known assets (bank statements, property deeds).
    • A list of known debts (mortgages, credit cards).
    • Names and contact info for all immediate family members.

More questions?

Learn more about the probate process in our expanded Frequently Asked Questions pages.

Probate General Information Understanding Probate Avoiding Probate Probate Process Complications & Concerns