The cost to bring a probate action will depend on the type
of probate action is needed. A small estate to determine succession to property
has a lower cost as it is dealing with a smaller estate value. The total cost
itself has different parts. There is not a one all- encompassing cost but parts
that add up. Not ever Probate action will require all of them but examples
include attorney fees, court filing fees, probate referee fees, publishing
fees, accounting fees, and property transfer fees.
The costs are set by the respective sources. Court fees are
imposed by the court, publication fees by the newspaper performing the
publication, etc. These can be advanced by the attorney or drawn from an
advance paid upon retaining the attorney. These are not arbitrary but the
actual costs to have these things performed.
The attorney fee depends on the type of probate action is
needed. A small estate is usually billed on an hourly bases charging depending
on how much time is spent handling the case. This can present both positive and
negative aspects for the one hiring as the number of hours can add up
especially if the attorney is charging a high hourly rate. This is why it is
not only important to judge if the hourly rate is reasonable to you, but also
how much trust you have in the attorney in not only handling the case but also
applying hours spend on the case fairly.
For a full probate action, the California legislature has
set the amount an attorney is to be paid as a graduated percentage of the size
of the estate. This graduated percentage is set out in Probate Code ยง10810 as:
4% of the first $100,000
3% of the nest $100,000
2% of the next $800,000
1% of the next $9M
1/2% of the next $15M
These are all paid by the estate itself prior to
distribution to the beneficiaries, not the individual administering the estate.
If the individual pays an advance to the attorney, the estate reimburses the
administrator what they have paid.