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Probate in California can be costly and confusing, with fees based on estate value and additional legal expenses. Families can reduce or avoid these costs using tools like living trusts, joint tenancy, or spousal petitions. Understanding all fees and consulting an expert can ease the financial and emotional burden.
When a loved one passes away, even imagining the probate process can leave family members feeling daunted. Navigating it successfully in a state like California, where estate laws are often intricate and complex, is an even more overwhelming responsibility.
With that said, understanding the costs involved and the steps required to pay them will help your family better manage this difficult time, both emotionally and financially.
In this blog, we’ll shed light on how much probate costs in California, exploring expenses ranging from statutory probate fees to probate lawyer costs. We also have insights to offer on how to potentially avoid probate (as much as possible) with tools like living trusts.
Probate attorney costs and related expenses in California can concern and frustrate families reeling from a loved one’s death.
Some of this stems from how unpredictable these expenses are. However, knowing the factors that influence probate costs can help you be more prepared.
Generally speaking, probate costs in California depend on the estate’s size and complexity. Due to the structure of California’s probate system, the court assigns amounts for many of the expenses essential to the process, including probate attorney’s costs and compensation for the estate’s personal representative (most often called the executor outside of California). Section 10800 and Section 10810 of the state’s Probate Code outline the fees for representatives and lawyers, respectively.
In California, statutory fees represent a percentage of the estate assets’ gross value. You pay these sums to both the probate attorney and the personal representative, following a tiered structure detailed in § 10800(a) and 10810(a):
For estates valued over $25 million, the fee is “a reasonable amount to be determined by the court,” per § 10810 (b). It’s impossible to predict this amount, so it can significantly affect any projection you might make about total California probate costs,
Beyond the statutory fees, the probate process involves several other expenses:
The Probate Code determines probate lawyer fees in California. They follow the same percentage-based structure as personal representative fees: 4% on the first $100,000 of the estate’s gross value, 3% on the next $100,000, and so on.
However, if attorneys provide “extraordinary services,” they may request additional compensation from the court in a written petition. Common examples of such services include managing complex real estate sales, resolving disputes between beneficiaries, and ensuring tax issues don’t disrupt the probate process.
After a hearing, the court will rule on the petition, and if successful, demand additional payment for the probate lawyer based on the complexity and time required for their above-and-beyond services.
Because of how many variables affect probate costs, it’s difficult to determine the average cost of a probate lawyer in California. However, the fee schedule provides a reasonable baseline.
Many California families seek ways to avoid probate and its associated costs. If your loved one had a large or complex estate, or died without a will, this often means a lengthy process and considerable expenses (higher than many other US states).
While it’s quite difficult to avoid probate entirely, there are several ways to shorten the process or shield assets from it.
If your loved one created a living trust before death, it allows many assets to pass directly to beneficiaries without going through probate. California has a reasonably flexible trust law, in which even supposedly unalterable irrevocable trusts can be changed with the aid of a skilled estate lawyer.
Naming beneficiaries in one’s will for certain assets typically keeps them out of probate. Examples include life insurance policy payouts, 401(k) and IRA retirement accounts, Ownership of these assets transfers on death from the decedent to the beneficiary, so they’re no longer part of the estate.
This California-specific law simplifies probate for estates worth less than $208,850. If you apply for this version of the process, even probate-eligible assets like real estate, investments, and bank accounts can pass directly to beneficiaries. Your personal representative must submit a written affidavit requesting small estate administration at least 40 days after your loved one’s death.
Any assets (largely real estate, but not always) that your loved one owned jointly with one or more co-tenants avoid probate. Just like named beneficiaries, ownership transfers to the surviving co-tenants.
Community property works in a similar manner, but only for Californian married spouses or registered domestic partners. If the couple arranged for the right of survivorship, community assets go to the surviving spouse or partner and don’t require probate. Like joint tenancy, this process usually applies to real estate, but can also protect vehicles, bank accounts, and other assets the couple owns.
As with a trust, spouses or partners who want to use this protective method must do so before death. In this document, you request that all or part of an estate avoid probate because it actually belongs to your spouse or partner.
This method has the greatest chance of success if most of the estate is community property, though it doesn’t solely apply to such assets. Like with small estate administration, this petition only works with court approval.
The probate process in California can be complex to navigate and costly to complete. Nevertheless, understanding these expenses upfront can help families plan accordingly. Whether it’s budgeting for statutory probate fees or considering a living trust to avoid probate, being informed is your best strategy.
Consulting with a knowledgeable California probate lawyer can provide clarity and guidance that meets the needs of your specific situation.
At Alice A. Salvo Law, we understand the challenges that come with estate planning and probate in California. Our experienced Los Angeles team will help you get through these processes efficiently and with compassion, to ease the financial and emotional burden on you and your family.