Sacramento Law Group

Statutory Attorney Fees

Both the probate attorney and Personal Representative of the Estate are entitled to receive Statutory Fees based upon the value of the Estate. The value of the Estate includes all property (real and personal) that was owned by the decedent as valued at the date of their death. The Statutory Fees for a probate attorney and Personal Representative have the same guidelines for every estate and are only dependent upon the value of the estate. Each Estate’s value will be different but the statutory percentages are based upon the Probate Code as follows:

  • Four percent on the first $100,000
  • Three percent on the next $100,000
  • Two percent on the next $800,000
  • One percent on the next $9,000,000
  • One-half of one percent on the next $15,000,000

For example – If the estate is valued at $625,000 the statutory fees for the attorney and Personal Representative would be calculated as follows:

  • Four percent on the first $100,000 = $4,000 ($525,000 remaining)
  • Three percent on the next $100,000 = $3,000 ($425,000 remaining)
  • Two percent on the next $800,000 ($425,000) = $8,500 ($0.00 remaining)

The total statutory fees the attorney and Personal Representative would receive is $15,500.

Anything the attorney, their paralegal, or Personal Representative does that is “extraordinary” (tasks that go beyond the scope of typical Probate proceedings) such as liquidating property, transferring property, working with real estate agents to sell real property, conducting detailed accountings or employing tax experts are considered extraordinary services. Any fees for extraordinary services need to be approved by Court Order before the Personal Representative can pay themselves or the attorney.

Disclaimer

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. The information contained in this website is for informational purposes only and is not legal advice. Furthermore, the information contained in this website is not guaranteed to be up to date, accurate, or complete. An attorney-client relationship can only be established by signing a representation agreement.
*$900 Chapter 7 Bankruptcy Fee Disclaimer: While most cases qualify for the above fee, some cases are complex. Consequently, the above fee is only a sample fee (not a specific or guaranteed fee) and is subject to change at any time due to the necessity of charging more for complex cases. The sample chapter 7 fee represents the typical fee for a simple no-asset chapter 7 case. The $900 fee is only available to residents of the following counties: Sacramento, Placer, Yolo, Solano and San Joaquin. Residents of other counties may be charged more.