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California Probate Fees Calculator

How much could probate cost your family in 2022? Try our California probate fees calculator to see how much money it could costs to go through the probate process.

Probate is the legal process of reviewing and validating a person’s will and settling their estate. The California Probate Code outlines the fees that attorneys and executors of wills may charge for administering an estate. While probate always involves paperwork and court appearances, the court may set higher attorney fees for unusually complex or time-intensive probate cases.

Unless you have a trust and have properly transferred your assets into that trust, your family could end up paying thousands of dollars in probate fees. For an estimate of what your family might need to pay, use this California Probate Fees Calculator from Weiner Law.

Use the calculator below to estimate California Probate Fees

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How Do You Know If You Need To Go Through Probate?

To determine whether it’s necessary to go through probate, total up the gross value of the following assets:

You may exclude the following assets:

It is not necessary to file for probate when the estate’s assets total approximately $160,000 or less.

How Much Does Probate Cost?

The total your family pays in California probate fees will depend on how large and complex the estate is.

What Are The Minimum Fees An Attorney Charges For Probate?

Attorneys in California can charge a statutory fee set by Probate Law rather than an hourly rate. They may charge a cost per action, an overall percentage of the gross estate value, or a combination of the two.

California law stipulates the following for attorney’s fees, depending on the size of the estate:

As you can see, probate fees increase proportionally with the size of the estate. An estate worth $200,000 would require $7,000 in California probate fees ($4,000 for the first $100,000 and $3,000 for the next $100,000), while an estate of $25 million could cost as much as $188,000. Law firms may set their minimum charges as they please within these limits.

Services that attorneys may charge for include:

How Can Estate Planning Help You Avoid California Probate Fees?

California Probate Fees Calculator

Effective estate planning can help you to ensure that your heirs receive maximum benefit from your assets and avoid the cost and aggravation that your family will have to endure if they are required to go through probate.

Three popular legal mechanism used for avoiding probate include:

These options vary in terms of efficacy.  Creation of a revocable living trust that has been designed with the specifics of your family in mind and with a view to achieving your particular objectives is the gold standard. You can schedule an appointment with San Diego estate planning attorney, Dan Weiner, to discuss how you can avoid California probate fees using the form below.


How Long Does Probate Take In California Without A Will?

A straightforward estate with a will could take eighteen months to settle in California.  During that time, your family will not have access to your assets and they will be stuck dealing with an arduous court process

When someone dies intestate, or without a will, the process slows considerably. Not only do the courts allow the four-month claim period for creditors, but they’ll insist that the executor provides proof of all potential heirs.

Tracing the heirs or settling disputes between family members can cause the process to drag on for several years.

How Can I Avoid Probate?

To avoid probate, start preparing today. Ensure that:

It is critical to create a file listing details of your assets, insurances, debts, and investments while you’re alive. This is something that we create for each of our estate planning clients.  This document is kept up to date and reviewed at your check up meeting every 3 years.

Can You Go Through Probate Without An Attorney

Yes. In California, you can complete the probate process without an attorney even if there is no will.

However, any time there is a probate that means there has been a failure to plan.  Probate represents a failed estate plan.  An effective estate plan means your family never have to deal with the probate court process.

If it turns out that a probate is needed, things to consider before conducting probate without an attorney are:

Would you like advice on where you stand? Do you wish to discuss an estate plan that legally minimizes probate costs? Call (858) 333-8844 and schedule an appointment at The Law Office of Daniel R. Weiner for advice and legal support throughout the probate process.

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