Legal Question in Wills and Trusts in California

The maximum fee for normal probate work is set by statute; it is a percentage of the gross value of the estate, so no one can tell you what it is without knowing the value of the estate assets. Some of us would do it on an hourly rate subject to a cap of the maximum allowed.

If under $100,000 then there are often inexpensive options. Maybe $2,000. If over $100,000 then full probate applies. I conduct probates throughout the state so just email or call with more info and I will give you an exact answer for your case. -John

Is the estate valued at less than $100,000? In California, there are procedures for transferring title in estates worth less than $100,000. The procedure can be used to collect money owed to the decedent or receive the decedent's tangible personal property such as funds on account at banks. The procedures for the transfer of small estates is sometimes called "Summary Probate Proceedings." The procedure is available whether or not the decedent had a will and can be used where an asset of small value was not titled into the name of a trust. If the estate includes real estate that is worth less than $20,000, formal Probate can also be avoided (and the entire estate is still under the $100,000).

The main requirement is that the decedent's estate cannot have a value that is greater than $100,000. In calculating the value of the estate for use of this procedure, assets can be transferred outside of probate (such as life insurance benefits, or paid on death accounts �POD�) are excluded in determining the value. The value of automobiles or mobile homes is not considered when determining the amount of the estate for this proceeding. There are several other exclusions available, as well.

Attorney fees for these procedures are not dictated by statute and can be negotiated. The estimate would likely depend on how much work is required. In my experience, attorney's fees for these small estates run between $1,000 and $2,000 depending on the work involved.

If the estate is valued at higher than $100,000, the fees are set by the Probate Code as a percentage of the estate. But, since you�ve indicated that the estate involved is small, I haven�t included the code�s formula here.

See Probate Code section below:

10810. (a) Subject to the provisions of this part, for ordinary

services the attorney for the personal representative shall receive

compensation based on the value of the estate accounted for by the

personal representative, as follows:

(1) Four percent on the first one hundred thousand dollars

($100,000).

(2) Three percent on the next one hundred thousand dollars

($100,000).

(3) Two percent on the next eight hundred thousand dollars

($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of 1 percent on the next fifteen million dollars

($15,000,000).

(6) For all amounts above twenty-five million dollars

($25,000,000), a reasonable amount to be determined by the court.

(b) For the purposes of this section, the value of the estate

accounted for by the personal representative is the total amount of

the appraisal of property in the inventory, plus gains over the

appraisal value on sales, plus receipts, less losses from the

appraisal value on sales, without reference to encumbrances or other

obligations on estate property.

10811. (a) Subject to the provisions of this part, in addition to

the compensation provided by Section 10810, the court may allow

additional compensation for extraordinary services by the attorney

for the personal representative in an amount the court determines is

just and reasonable.

(b) Extraordinary services by the attorney for which the court may

allow compensation include services by a paralegal performing the

extraordinary services under the direction and supervision of an

attorney. The petition for compensation shall set forth the hours

spent and services performed by the paralegal.

(c) An attorney for the personal representative may agree to

perform extraordinary service on a contingent fee basis subject to

the following conditions:

(1) The agreement is written and complies with all the

requirements of Section 6147 of the Business and Professions Code.

(2) The agreement is approved by the court following a hearing

noticed as provided in Section 10812.

(3) The court determines that the compensation provided in the

agreement is just and reasonable and the agreement is to the

advantage of the estate and in the best interests of the persons who

are interested in the estate.