Probate Administration
What is Probate?
Probate is the court-supervised process of administering a deceased person's estate, including inventorying and appraising assets, paying just debts, filing final tax returns, selling assets, and transferring the deceased person's assets to their heirs or beneficiaries. Probate is required when a person dies owning property in their individual name, but not all types of property are required to be probated. For example, jointly held assets, accounts with beneficiary designations, and property passing to a surviving spouse does not have to go through a formal property administration. In addition, for property of limited value, there are simplified procedures that may be used where appropriate.
How much does Probate cost?
The costs related to probate are set by State law and include a variety of expenses such as court filing fees, publication fees, appraisal fees, recording fees, and attorney fees. Generally, you can expect total fees and costs to add up to approximately four to seven percent of the total gross estate value, sometimes more. The schedule for attorney fees for ordinary work in a probate administration is reflected below. The Court has authority to order extraordinary fees for a personal representative or attorney who completes additional tasks, such as the sale of real property or litigation relating to the estate.
​
California Code, Probate Code - PROB § 10810
(Current as of January 01, 2023)
(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, 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 1 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.
(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
Who pays the fees and costs associated with a probate?
Ultimately, the estate is responsible for paying all fees and costs of administration, including the attorney fees. However, oftentimes, the personal representative (executor or administrator), will have to advance expenses from his or her personal funds until they gain access to cash belonging to the estate, which happens after appointment by the Court. Anyone who advances expenses of administration is entitled to reimbursement from the estate. Attorney fees are not due and payable until approved by the court near the completion of the probate.
How long does Probate take?
The length of a probate administration largely depends upon county in which the case is venued. Some counties experience significant delays in hearing matters due to caseload or procedures. The average probate in California lasts 12 to 18 months. In El Dorado and Sacramento Counties, it is regularly possible to complete a probate in nine to 12 months. If there is litigation involved, a probate case can take years to resolve.
Who manages the estate?
If the deceased person had a will, the Court will usually appoint the person named in the will as executor to administer the estate. If there is no will, the Court will appoint someone as administrator of the estate, usually the closest living relative or an heir of the deceased person. The terms "executor", "administrator" and "personal representative" are oftentimes used interchangeably to refer to the person appointed by the Court to administer the probate estate.
If I serve as executor, will I get paid?
Yes! The court-appointed personal representative of a probate estate (executor or administrator) is entitled to compensation for their work on behalf of the estate. California law provides that a personal representative is entitled to earn compensation for ordinary work at the same rate as the attorney for the personal representative. That schedule is reflected above and is based upon the gross value of the estate's assets, as determined by the court-appointed probate referee.
Do I have to hire an attorney?
There is no legal requirement for the personal representative to use an attorney, but an attorney can help you navigate the system. There are many technical and procedural requirements that can make a probate administration complex, not to mention complications during the process. Experienced probate lawyers help avoid mistakes and unnecessary delays, and can help iron out disagreements between family members.
Want to learn more about probate? Check out our Probate Resources Page
Get in Touch
263 Main Street, 2nd Level
Placerville, CA 95667
530-617-1692
​​
DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. You should contact an attorney directly regarding your own situation. Note that an attorney-client relationship will only be established after consultation with the attorney.
​
​