When navigating the probate process in California, one of the first questions families often ask is: How much will a probate attorney cost? The answer depends on the type of legal services you need—whether it’s a standard probate administration or a more complex trust or estate litigation. Let’s look at probate attorney fees in California.
Before we get started, feel free to watch the video below to quickly learn about what probate attorneys do and how their fees work in California. This short overview may help you understand what to expect and how the fee structure is determined.
Statutory Probate Fees in California
For standard probate administration—where a deceased person’s estate is processed through court—California law sets a statutory fee for attorneys. This fee is calculated as a percentage of the gross value of the estate:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- A reasonable amount for anything above $25 million (as determined by the court)
These fees are based on the gross value of the estate, not the net, which means debts and expenses are not deducted before calculating the attorney’s fee.
Extraordinary Fees
In addition to the statutory fee, probate attorneys may request extraordinary compensation for services that fall outside the standard administration process. These can include:
- Handling estate litigation
- Selling real estate or other assets
- Preparing complex tax returns (e.g., Federal Estate Tax Returns)
- Addressing business interests or out-of-state property
Extraordinary fees are typically billed by the hour and must be approved by the probate court. The court has broad discretion in determining whether these fees are justified and how much should be awarded.
Trust and Estate Litigation Fees
Litigation involving trusts—such as disputes over trust terms, breach of fiduciary duty claims, or beneficiary contests—is also handled in California probate courts. Attorneys in these cases typically charge either:
- Hourly rates, or
- Contingency fees (a percentage of the amount recovered)
Hourly Rates
Hourly rates vary widely based on location, case complexity, and the attorney’s experience. For example:
- In Los Angeles and other large cities: $750 to $1,500 per hour
- In smaller cities: $500 to $850 per hour
- It is rare for experienced trust litigation attorneys in California to charge less than $500 per hour
Contingency Fees
In trust litigation, contingency fees typically range from 30% to 40% of the amount recovered. However, these fees are fully negotiable in California. Depending on the specifics of the case:
- A lower fee (20%–30%) may be appropriate for more straightforward matters
- A higher fee (up to 40%–50%) may be necessary for complex or high-risk cases
Conclusion
Understanding the fee structure for probate and trust litigation attorneys is crucial when planning or defending an estate. Whether you’re working through a routine probate administration or facing a complicated legal battle over a trust, knowing what to expect in terms of legal costs can help you make informed decisions—and avoid surprises.
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