Legal Question in Wills and Trusts in California

Re: Average fees for probate and wills

Thank you for your inquiry.

Your question is difficult to answer for the reason that, as you might expect, every situation is different, and a will, trust, or estate plan for someone with no children and little to no property is much different than for someone married several times, with children from each marriage, who has property in various states, and is over the tax exemption or the probate limits for a simple estate.

Probate in California, for the most part, takes six months or more, although some cases have gone on for years. Costs include filing fees to the court, and any appraisals, fees for a referee, and attorneys fees, which are a percentage of the estate or an hourly rate or flat fee.

I hope that this helps, but if you need more information, have other questions, or feel that you need legal representation, please contact me directly at [email protected]. I�m happy to help in any way that I can.

Re: Average fees for probate and wills

It's difficult to give an "average," but most fees seem to be somewhere between $200 to $1,000 for a will, with most wills at the lower end of that range.

Probate fees include the fees payable to the attorney and the executor handling the estate, and together are roughly 5-7% of the gross amount of the estate.

Re: Average fees for probate and wills

I have read Mr. Miller's answer to you and feel an incumbent upon me to do something more specific. As to the probate, it takes approximately a month after the petition is prepared to haven't heard and if approved no less than four months thereafter to complete the state. That four-month period of time is for the creditors to make their claim in the state. That's a little misleading because there it is time that has to be taken to send out notices to creditors or, potential creditors, as well as preparing the final petition and accounting to the court if necessary. Therefore the six-month period as a minimum is really a minimum. Probably can be avoided do by having a living trust. The disk assets into the next phase of your question as to how much does the cost to have it will prepared. After analysis if it is a very simple estate and all that is necessary is a will approximately $500 to 750. More likely than not even with a single person I suggest a living trust which is anywhere from a minimum of $1000 to $1250, tool substantially more if there is more estate planning, asset maneuvering involved. While of course the intent and desire of the client is primary, every move has to be carefully made in regard to the Internal Revenue Service, considering estate taxes (taxes on the estate at the time of death) and income taxes which are quite different. Title tool how properties held, both real property as well as the bank accounts, money market accounts, stock in security accounts is quite important and not only has an effect on the transfer after death by the taxation after death. Your question while very simple and to the point is not the kind that can easily be answered because one has to be done by the practitioner involves in numerous areas of which the client is unaware. I am located in northern California and if you would wish a more specific answer I would need numerous questions specifically answered for many so that I could give you a clearer more definitive answer. In a trust situation figure at least 1500 to $2000 in fees and costs. It is the size of the probate estate that determines the attorney's fees. Those fees are not applicable if the individual passes away with a trust in effect