"Probate" is a legal process required to administer the estate of a person who died "intestate" (without a will), or "testate" (with a will). The probate court will approve a manager ("executor" or "administrator") for the estate; will order a formal appraisal of the estate assets; will require formal notice to all persons legally entitled, and will generally supervise the disposal and distribution of estate assets and liabilities. The Court may require that the executor file a surety bond, payable out of estate assets.
The probate process in the Sacramento region can take up to 2 years, and even longer with a complicated or contested probate estate. In addition to executor fees and attorney fees, in 2012 the cost to file a probate in Sacramento County was $485.00, plus 0.5% for appraisal fees of the non-cash gross value of the estate.
Executor fees and attorney fees are based on California state statute--Probate Code 10810. They are based on the gross value of the estate, regardless of the mortgages due on real property or debts owed by the deceased. With some exceptions, the value of the estate is the total of real property, cash, Certificates of Deposit, stocks and bonds, promissory notes, other investments and other personal property (jewelry, collections, household furniture, tools, etc.).
| Estate Value | Executor Fees | Attorney Fees | Filing Fees | Other Costs/Fees | Total Estimated Cost of Probate |
|---|
| $200,000 |
$7,000 |
$7,000 |
$485 |
$400 |
$14,885 |
| $300,000 |
$9,000 |
$9,000 |
$485 |
$600 |
$19,085 |
| $400,000 |
$11,000 |
$11,000 |
$485 |
$800 |
$23,285 |
| $500,000 |
$13,000 |
$13,000 |
$485 |
$1,000 |
$27,485 |
| $600,000 |
$15,000 |
$15,000 |
$485 |
$1,200 |
$31,685 |
| $700,000 |
$17,000 |
$17,000 |
$485 |
$1,400 |
$35,885 |
| $800,000 |
$19,000 |
$19,000 |
$485 |
$1,600 |
$40,085 |
| $1,000,000 |
$23,000 |
$23,000 |
$485 |
$2,000 |
$48,485 |
Remember that probate fees and costs are payable, even if, because of outstanding debt, the estate has a negative value. This is especially relevant in the current real estate market when the value of your home could easily be less than your mortgage balance. Additional executor and attorney fees may be ordered by the Court in the case of "extraordinary" time and effort to close the estate. |