Court fees are dictated by state law and can range anywhere from a few hundred dollars to over a thousand dollars. you have an old will, or NO will or trust at all, please remember that you can avoid probate here in California if you would simply get yourself a Living Revocable Trust and possibly a companion Pour-Over Will for back up.. A few hours of your time and not much money, and you can spare those who out-live you unnecessary time, fees, petitions to the state court, personal appearances in the state court — all the unnecessary junk detailed on this page. $17,065.00 – Should Executor choose to “waive” their fee. $250 + $800 + $2,250 + $8,250 + $2,500 = $14,050 EACH for a total of $28,100, which does not include the cost of a bond, publication or court costs. Be Careful! Many attorneys charge a flat fee ($2,000-$5,000) for typical estates. Selecting an Executor For Your Last Will and Testament, 7 Things to Discuss With Your Will Executor Prior to Passing. All of the assets owned by the decedent must be “inventoried” and “appraised”. Attorney’s fees in probate matters are largely based on statute, however an attorney can bill for additional fees if there is a Will dispute or other complications arise. Christopher B. Johnson is an estate planning attorney in Pasadena, CA who has helped thousands of individuals and families over the past 18 years in creating and reaching their estate planning objectives as well as in navigating the probate process in California to achieve positive outcomes. So, “It depends” is the answer. Oracle Tower If a will and/or codicil is being probated, a separate check or money order should be made payable to the Jefferson County Clerk to be paid in court. News, Information and Education for anyone interested in Estate Planning, Petition concerning an advance health care directive and objection or other opposition ($435), Spousal or domestic partnership property petition and objection or other opposition ($435), Petition for order concerning sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property ($435), Petition concerning power of attorney and objection or other opposition ($435), The Cost of a Probate Attorney and Personal Representative, Work with a Pasadena Probate and Estate Planning Attorney. Christopher B. Johnson Attorney at Law “Typically the cost will be from 3% to 7% of the estate plus various fees. It depends a great deal of the complexity of the estate and how many different forms must be filed. Beverly Hills, CA 90212 These expenses are paid out of the estate, then the remainder of the estate is distributed to the beneficiaries. So if you were wondering what probate costs, you can figure it out yourself based on the simple formulas below. 402 West Broadway, Suite #400 Often the executor is a family member who will decide to waive the fee if they can afford to volunteer the time and energy. 17777 Center Court Drive , Suite 600 In some cases, the costs are higher, particularly if an accountant and attorney, as well as the executor, participate in the process. It is not unusual that a decedent will have received advice or counsel from an attorney prior to their death while drafting a will, and might include a waiver of the bond requirement in the their will. So, how much does it cost to probate the will? Divorce, Estate Planning & Easy Riders: Some Uncomfortable Facts, Shield Your Large Estate from Coming Changes to Federal Estate and Gift Tax Exemptions, Drafting and filing all necessary forms and reports, Advising and consulting with the estate’s executor or administrator regarding creditor claims, allegations of lack of testamentary capacity or undue influence that could invalidate the Will, or dealing with any other issues that may arise, Assisting in selling real or personal property or in maintaining it, Whatever is reasonable for any estates valued at over $25M. I’m not dodging the question. In complicated probates or where claims are made, then additional petitions are filed at a cost of $395 for each. These fees may come out of the estate, or may be paid by other parties in the matter (e.g. The fee is based on assets and does not take liabilities into account. 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