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Who Pays Probate Attorney Fees in California?

Writer's picture: Linda VargaLinda Varga

Who Pays Probate Attorney Fees in California

Probating an estate in California often requires the expertise of a probate attorney, particularly when navigating the complexities of the state’s probate laws. One of the most common questions asked during the probate process is, who is responsible for paying the attorney fees? Understanding how these fees are handled can help estate administrators and beneficiaries better prepare for the financial aspects of probate.


How Are Probate Attorney Fees Determined in California?


In California, probate attorney fees are regulated by state law and are based on the gross value of the estate. The California Probate Code outlines a statutory fee schedule for attorneys, 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 million

  • 0.5% of the next $15 million

  • For estates exceeding $25 million, the court determines reasonable fees.


These fees are based on the gross value of the estate without accounting for debts or liabilities, such as mortgages or other obligations.


Who Pays the Probate Attorney Fees?

In California, probate attorney fees are considered an estate expense, which means they are paid from the estate’s assets rather than directly by the executor or beneficiaries. Here’s how it works:


1. Estate Assets Cover the Fees:

  • The attorney’s fees are paid from the estate’s funds before assets are distributed to heirs or beneficiaries.

  • For example, if an estate is valued at $500,000, the statutory attorney fees would amount to $13,000. These fees are deducted from the estate’s total value.


2. Court Approval:

  • All attorney fees must be approved by the probate court. The court ensures that the fees are reasonable and comply with the statutory guidelines.

  • If additional work outside the standard scope of probate is required, attorneys may request "extraordinary fees," which must also be approved by the court.


Exceptions to Estate-Paid Fees

While the estate typically pays attorney fees, there are a few exceptions:


1. Personal Agreements:

  • If a family member or interested party agrees to cover the attorney fees independently, they may do so, although this is uncommon.


2. Disputes and Litigation:

  • If there are disputes among heirs or challenges to the will, the court may order one or more parties involved in the dispute to cover additional legal fees.


3. Insolvent Estates:

  • If the estate lacks sufficient funds to cover probate expenses, including attorney fees, the attorney may not receive full payment. Executors and beneficiaries should consult with the attorney on handling such situations.


Additional Costs to Consider

In addition to attorney fees, there are other probate-related costs that the estate is responsible for, including:


  • Court Filing Fees: Typically between $435 and $650.

  • Appraisal Fees: A probate referee appraises the estate’s assets, with fees generally amounting to 0.1% of the appraised value.

  • Executor Fees: Executors are entitled to compensation, which matches the statutory attorney fees unless waived.


Conclusion

In California, probate attorney fees are paid from the estate’s assets, ensuring that the financial burden does not fall directly on the executor or beneficiaries. However, understanding the statutory fee structure and planning for additional costs can help minimize surprises during the probate process. If you have questions about probate or need assistance with estate administration, consult with an experienced California probate attorney to guide you through the process and ensure all expenses are handled properly.


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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