If there is no real property, this estate is eligible for a transfer using a Small Estate Affidavit.
The statutory fee for a probate based on the taxable gross estate is
For estates greater than $25,000,000, the court will determine the probate fee.
The attorney fee is , and the personal representative fee is , totaling . In California, the probate fees are set by statute, and is calculated as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- 0.5% of the next $15,000,000
The statutory authority setting these fees are California Probate Code 10800 (for the personal representative), and California Probate Code 10810 (for the personal representative's attorney). The cost of probate is expensive, and can pressure heirs and beneficiaries to sell assets to pay these fees. Other miscellaneous fees such as the court filing, publication, and other fees paid to professionals can amount to several thousand dollars to start the process.