How much do probate attorneys charge in California?

California sets probate attorney fees by statute, not by the hour. Under Probate Code section 10810 the attorney for the personal representative is paid 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million.

Probate attorney compensation in California is statutory. Probate Code section 10810 sets compensation for ordinary services as a percentage of the value of the estate accounted for: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9,000,000, and one-half of 1 percent of the next $15,000,000. Above $25,000,000 the court determines a reasonable amount. The value used is the total appraisal amount plus gains on sales and receipts, less losses on sales — not the net after debts, so a mortgaged home counts at its full appraised value. Section 10811 permits the court to allow additional compensation for extraordinary services in an amount it determines is just and reasonable, so litigation, a sale of real property, or tax work can add to the statutory figure. This is legal information, not legal advice.

Authority: Cal. Prob. Code § 10810