Attorney Fees in Probate

Attorney fees in probate can drastically cut into someone’s inheritance. Unfortunately, in California, attorneys fees in probate are calculated on the gross value of the estate. In this regard, no consideration is given to estates that also have a substantial amount of debt. The calculation of attorney fees in probate do not factor in any existing estate debt. In this regard, for example, an estate with gross value of $250,000 would incur, at minimum, $8,000 in statutory attorneys fees, even if the net value of the estate was only $50,000. This article discusses attorneys fees in probate and offers suggestions of ways to minimize attorneys fees in probate, or eliminate them entirely.

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