Attorneys fee for probate

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Attorneys fee for probate

My mother is in hospice with no Will. My brother and I know her wishes and ate in agreement with how the estate should be distributed. What I have read about state law, and what our financial advisor has said based on personal not professional experience, we believe it will be a relatively simple process with little debts or and no contests. There are a few bank accounts which may have our deceased father still listed as beneficiary and the home which my brother should take ownership and continue residing in. What is a reasonable attorney fee for a situation like this?

Asked on February 7, 2017 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state sets the fees by law, so what you pay is based on estate size. Under Cal. Probate Code Sections 10810, 10811,  a probate attorney charges 4% of the first $100,000 of gross estate value; 3% of the next $100,000; 2% of the next $800,000 (so everything from $201,000 to $1,000,000); 1% of the next $9,000,000 (so up to $10,000,000); and 0.5% (half a percent) of the next $15,000,000 over that.


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