In California, the probate attorney and executor fees are calculated based on the gross value of the estate, not the net amount after debts. These statutory fees are set by Probate Code 10810 and follow a tiered percentage structure:

• 4% of the first $100,000   ($4,000)
• 3% of the next $100,000   ($3,000)
• 2% of the next $800,000
• 1% of the next $9 million
• 0.5% of the next $15 million
• A reasonable amount for estates over $25 million, determined by the court

Probate Deposit $1,500 due at time of signing; attorney fees per probate code are paid at the end of the case.

The statutory fees above do not include:

• Court filing fees
• Deed preparation and recording / filing fees
• Appraisal costs to Probate Referee
• Bond fees (if required)
• Publication and mailing expenses
• Potential litigation costs if disputes arise

If the estate faces legal challenges—such as will contests or creditor disputes—probate can become significantly more expensive and time-consuming as it is generally billed at an hourly rate. In Probate, the most valuable asset is usually real estate. By having a Revocable Trust or Transfer on Death Deed, you remove your most expensive asset from probate court costs. A Will cannot transfer real estate; a Will giving away real estate but no Trust or Transfer on Death deed will still have to go through probate court.

The number one determination is whether or not you own real estate. If you don’t own real estate, you need:

• Power of Attorney for Health Care 
• Power of Attorney for Finances
• Beneficiary Designation letter for Banks
• Last Will and Testament 

This simple estate package is $750 for an individual; for couples $1500.

If you own real estate, you have a choice between using a Revocable Trust or a Transfer on Death Deed.

Transfer on Death Deed – only affects one property, you must sign and record it with your County Recorder’s office, where it sits on your property title, and when you die, it names a specific beneficiary for the property.

• Best for: Single person with few beneficiaries.
• Pros: Cheaper and more efficient than a Trust, requires minimal administration. Can revoke.
• Cons: Cannot name a secondary or contingent beneficiary in case the person you name passes before you.

Revocable Trust – Sets forth a set of directions for your trustee to follow, can include contingent beneficiaries and back up provisions.  No recording needed, remains private.

• Best for: Married Couple with one or more properties.
• Pros: Can change language during your lifetime, provide detailed directions on what you want, include back up beneficiaries, contingent beneficiaries.
• Cons: Requires legal assistance to correctly administer. Trust administration fees are 1% of the trust’s value.

Single Estate Plan