PROBATE ESTATE ADMINISTRATION
For handling the estate of a person who has died (i.e. a “Decedent”) with just a Will (i.e. dying “testate”) or without a Will (i.e. dying “intestate”), my legal fees fall into two categories:
Hourly Fees: If a family can pay me directly from money outside of the Decedent’s estate, I will typically handle Probate Estate Administration on an hourly basis, with a minimum fee. Court costs including filing fees and Probate appraiser fees, publications fees etc., are additional.
My minimum legal fee for Probate Estate Administration is $5,000.00, regardless of the size of the Probate estate. A typical Probate Estate Administration will take at least 10 hours, at my currently hourly rate of $500.00 per hour.
A deposit of my minimum legal fee of $5,000.00 with an additional $1,500.00 to cover estimated filing fees, publication fees, and Court appraiser fees is made into my Attorney’s Trust Account. Monies will be used or withdrawn from the Attorney’s Trust Account as legal services are performed and costs are incurred in the Probate Estate Administration. Total hourly fees will not exceed the statutory fees provided by California Probate Code Section 10801 (see below).
Statutory Fees: If a family cannot pay me directly from money outside of the Decedent’s estate, I will handle Probate Estate Administration using the fees permitted by California Probate Code Section 10801. These are calculated based on the gross value of the Decedent’s estate, plus gains on the sale of estate property during Probate. They are calculated as follows:
Four Percent (4%) on the first $100,000 of Value
Three Percent (3%) on the next $100,000 of Value
Two Percent (2%) on the next $800,000 of Value
One Percent on the next $9,000,000 of Value
Example: On a gross estate of $750,000, the fee would be:
4% of the first $100,000 $ 4,000
3% of the next $100,000 +$ 3,000
2% of the next $550,000 (to total estate of $750,000) +$11,000
Total statutory fee $18,000
To schedule an Estate Administration Consultation, use the following link:
Schedule Estate Administration Consultation
Attorney Robert P. Bergman, Board Certified Specialist in Estate Planning, Trust and Probate Law, assists families in the San Francisco Bay Area with Estate Planning, Special Needs Planning for children and adults, special planning for retirement plan assets, and trust administration.