Probate Attorney Statutory Fees & Personal Representative's Commission
Many fees are predetermined by the government. This can add up quickly if you do not establish a Trust. For a One Million Dollar Estate the Probate Statutory Attorney Fee is $4,000.00 plus $3,000.00 plus $16,000.00 for a total of $23,000.00 as shown below. For each additional million in estate value add another $10,000.00 in Attorney Statutory Fees. On a Two Million Dollar Probate Estate the Statutory Fee would be $33,000.00.
The Personal Representative's Commission is the same. Just multiply the Statutory Fee twice. For a One Million Dollar Estate the total fee and commission is $46,000, and on a Two Million Dollar estate the total is $66,000.00.
That is not to mention the small 1/10th of one percent Probate Referee's fee for appraisal of the gross estate, court filing fees, costs of Publication and all those Extraordinary Attorney Fees that are not covered above and are billed by the hour. Probate Code, Section 80110.
Place your estate in a living trust and avoid the Probate Statutory Attorney Fee, the Representative's Commission, and other probate costs!
Statutory Attorney Fee and Personal Representative's Commission
The Attorney Statutory Fee and the Personal Representative's Commission is figured identically and is subject to personal income taxes. However, under certain circumstances the Personal Representative waives the commission. Probate Code, Section 10800 and 10810. The value of the estate is based upon the gross value (without allowance for deductions) less estate expenses and losses.
Fee Percentage based upon the Value of the Estate Attorney Fee
Four (4%) percent on the first $100,000.00 $4,000.00
Three (3%) percent on the next $100,000.00 $3,000.00
Two (2%) percent on the next $800,000.00 $16,000.00
One (1%) percent on the next $9,000,000.00
Half (½%) percent on the next $15,000,000.00;
and then a reasonable amount on the next $25 million.
Probate Court Filing Fees
Avoid the costs of probate. Attorney fees will always be with us, but a good attorney can save you money by eliminating the costs of probate, including the Statutory Attorney Fee and Personal Representation's Commission, and other costs.
The costs of probate are ever increasing. The attorney's fees and costs for probate have always been high, but recently costs went even higher. The Statutory Attorney fee and Personal Representation's Commission has increased over the years. The average court filing fee for the year 2004 was a straight forward flat fee of less than $250.00. The filing fee is now $450.00, plus the cost of Publication and the California Probate Referee's Fee to appraise the estate.
With proper estate planning all of these fees, costs, and expenses could be avoided, leaving more for your heirs.
San Francisco Superior Court Probate Filing Fees
For first-filed petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative under Probate Code 8545, and first account of trustee of testamentary trust subject to continuing court jurisdiction under probate Code 17300 et seq. the San Francisco Superior Court Filing Fee is $450.00.
For actual Probation Filing Fees see: Superior Court of California, County of San Francisco, Statewide Civil Fee Schedule