Written by attorney Javier Horacio Castillo

Estate Planning. Living Trust, wills.

How much does probate cost? The answer to that question is easy because the attorney and executor fees are set by statute. Prob C §§ 10800, 10810. During the probate court process and at the conclusion, the Superior Court will award compensation as follows: • Four percent of the first $100,000 of the estate, • Three percent of the next $100,000, • Two percent of the next $800,000, • One percent of the next $9,000,000, and • One-half percent of the next $15,000,000. • For estates larger than $25,000,000, the court will determine the fee for the amount that is greater than $25,000,000. This means that a parent who passes away and leaves their beneficiaries a home valued at $500,000, without a trust, would also be leaving a $13,000 bill for attorney and executor fees. A basic trust, on the other hand, may run anywhere from $1,600 to $3,000, while a more complex trust will cost a little more. Such a plan should include the trust set-up, a pour-over will, a health care directive and a power of attorney. That’s a savings of around $10,000.

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