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Writer's pictureDavid Eisenstein

Statutory Percentage Fees Apply to California Probates

Updated: Oct 23



Sacramento Estate Probate

In California, the Probate Code establishes the percentage fees that are to be ordered at the conclusion of the probate proceedings by the Court to the attorney and to the executor/administrator, who is the attorney's client. These fees are generally calculated under California's Probate Code 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 one 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.


Additional fees can only be paid at a reasonable hourly rate for time worked that the Court agrees was rendered under "extraordinary circumstances."

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