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How Much Does a Lawyer Charge to Probate a Will in California?

Writer's picture: Linda VargaLinda Varga

How much does a lawyer charge to probate a will

Probating a will in California can be a complex process, often requiring legal assistance to navigate the state’s specific rules and procedures. One of the most common questions asked by individuals involved in estate administration is: How much does a lawyer charge to probate a will? Here, we’ll break down the costs associated with probate in California, including attorney fees, so you can make informed decisions.


Attorney Fees for Probate in California


In California, attorney fees for probate cases are regulated by law. The state’s Probate Code sets a statutory fee schedule based on the gross value of the probate estate. This fee structure applies unless the attorney and the client agree to a different arrangement.


The statutory fees are calculated as follows:


  • 4% of the first $100,000 of the estate’s gross value

  • 3% of the next $100,000

  • 2% of the next $800,000

  • 1% of the next $9 million

  • 0.5% of the next $15 million

  • For estates above $25 million, fees are negotiated by the parties.


Example Calculation

Let’s assume an estate has a gross value of $500,000:


  • 4% of the first $100,000 = $4,000

  • 3% of the next $100,000 = $3,000

  • 2% of the remaining $300,000 = $6,000


Total attorney fees on estimated probate value of $500,000: $13,000


Note that attorneys' fees are paid at the end of the Estate assets of the probate and are subject to Court approval. The Administrator does not have to pay these fees in advance and does not have to pay the fees from their own pocket.


It’s important to note that the gross value does not account for debts or expenses. For example, if the estate includes a home worth $500,000 but has a $400,000 mortgage, the attorney fees are still based on the $500,000 gross value.


Additional Costs to Consider


In addition to attorney fees, there are other expenses associated with probating a will in California that will be required regardless of whether you do it your or hire a lawyer:


  1. Court Filing Fees: Typically, these range from $435 to $650, depending on the county.

  2. Executor Fees: Executors are entitled to the same statutory fees as attorneys unless they choose to waive their compensation.

  3. Appraisal Fees: A court-appointed probate referee appraises the estate’s assets, and their fee is typically 0.1% of the appraised value.

  4. Miscellaneous Costs: These can include costs for publishing notice to creditors, obtaining certified copies of court documents, and mailing notices.


Can You Reduce the Costs of Probate?

Yes, there are ways to reduce probate costs, such as:


Using a Trust: Assets held in a living trust do not go through probate, saving time and money.

Small Estate Affidavit: For estates valued under $184,500 (as of 2025), you may avoid probate entirely by using a small estate affidavit.

Proper Estate Planning: A well-drafted will and proper estate planning can simplify the probate process and minimize fees.


Is Hiring a Lawyer Necessary?

While it’s not legally required to hire a lawyer to probate a will, having professional guidance can help avoid costly mistakes, especially in more complex cases. A lawyer can ensure compliance with California probate laws, meet court deadlines, and handle disputes among beneficiaries.


Conclusion

Probating a will in California involves various costs, with attorney fees being a significant component. By understanding the state’s statutory fee structure and exploring strategies to reduce costs, you can make the probate process more manageable. If you have questions about probate or need legal assistance, consult with an experienced California probate attorney to ensure the best outcome for your case.


Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.


Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.

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