Probate is a legal process that occurs when someone passes away and their estate needs to be distributed to their heirs or beneficiaries. In California, this process is overseen by a probate court, and it can be complex and timeconsuming. As a result, many people choose to hire an attorney to help them navigate the process. However, the fees for an attorney in a probate matter are not always straightforward. In this article, we will discuss how attorney fees work in California probate matters.
The Talbot Law Group is a trust and probate law firm based in Walnut Creek, California, that handles many estates that are going through the probate process. According to Elizabeth Talbot, an attorney at the firm, when an estate is going through probate, the administrator of the estate will often have an attorney, and that attorney will take fees as outlined by California law. These fees are not simply based on the attorney's hourly rate, as they would be in a normal probate or trust matter.
There are two kinds of fees that an attorney can take in a probate matter: statutory fees and extraordinary fees. Statutory fees are outlined by California law and are based on a percentage of the value of the estate. Specifically, the fees are 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. For estates worth more than $25 million, the court will determine the fee based on the circumstances of the case. These same fees are also taken by the administrator of the estate.
Statutory fees cover all of the standard estate work, which includes setting up the estate, doing all the work included in the administration of the estate, and closing the estate. However, they do not cover things like the sale of real property or litigation, which are two common issues that arise in probate matters.
Extraordinary fees, on the other hand, are meant to cover anything that is above and beyond the normal course of a probate. This includes things like the sale of real property and litigation. Extraordinary fees are billed at an hourly rate, which is accepted by the county where the probate is taking place. The hourly rate for litigation can be very significant, depending on the complexity of the case.
It is important to note that extraordinary fees are not automatically granted. Instead, the attorney must petition the court for the fees at the end of the probate process. The judge has discretion to grant, reduce, or eliminate these fees based on the work that was done and the complexity of the case.
In conclusion, understanding attorney fees in California probate matters can be complex. While statutory fees are based on a percentage of the value of the estate and cover standard estate work, extraordinary fees are billed at an hourly rate and cover anything that is above and beyond the normal course of a probate. It is important to work with an experienced attorney who can help you navigate these fees and ensure that you are paying a fair price for their services.