1. What Are Letters of Administration?
Letters of Administration are a legal document issued by the probate court that grants the administrator the authority to handle and distribute the deceased person’s assets. Similar to Letters Testamentary, which are issued when a person dies with a will, Letters of Administration give the administrator the legal right to:
- Collect, manage, and secure the decedent’s property and assets.
- Pay the decedent’s outstanding debts, taxes, and other expenses.
- Distribute assets according to California’s laws of intestate succession (when there is no valid will).
- File tax returns, including the decedent’s final income tax return and estate tax return if applicable.
2. When Are Letters of Administration Needed?
Letters of Administration are needed when:
- The decedent dies without a will (intestate) and did not establish a living trust.
- There is no executor named in the decedent’s will (or the named executor is unwilling or unable to act).
- The decedent’s will does not cover all of their assets, and the estate must be administered according to California law.
In such cases, a relative, typically the surviving spouse or adult children, will file a petition for Letters of Administration with the probate court to initiate the probate process.
Price for Probate for Letters of Administration
The cost of obtaining Letters Testamentary and proceeding with the Probate of a Will in California can vary depending on the complexity of the estate, the value of the estate, and whether there are any disputes among heirs or creditors. Generally, probate costs fall into a few key categories:
1. Court Filing Fees
The fees for filing a probate petition in California are set by the court. As of 2025, typical filing fees for the initial petition are approximately:
- Petition for Probate and Final Distribution: Around $435–$465 (varies by county) x 2
- Additional filing fees may apply if other petitions or documents need to be filed during the probate process.
2. Attorney Fees
In California, attorney fees for probate are usually set by statute and are based on the gross value of the estate (before debts and expenses are deducted). The fees are typically a percentage of the estate’s value, as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- Custom rates for estates larger than $25 million
For example, if the estate is valued at $500,000, the attorney’s fees would be approximately:
- 4% of the first $100,000 = $4,000
- 3% of the next $100,000 = $3,000
- 2% of the next $300,000 = $6,000
Total attorney fee = $13,000
These fees are statutory, meaning they are generally considered reasonable unless there is an agreement for a different rate. In some cases, attorney fees can be reduced or increased based on the complexity of the estate or special circumstances, such as litigation or a contested will.
3. Executor Fees
If the executor of the estate is not a family member or if a professional executor is used, they may also charge a fee for their services. Typically, the executor’s fees are similar to the attorney’s fees, and in some cases, the same fee structure may apply.
For example, if the estate is worth $500,000, the executor may also receive approximately $13,000 for their services (as per the same fee structure outlined for attorneys).
However, if the executor is a family member or friend, they may waive this fee or charge less.
4. Miscellaneous Costs
- Appraisal fees for determining the value of assets, such as real estate or collections. These can range from $300 to several thousand dollars depending on the complexity of the estate.
- Court costs for notices, publication, and other filings. These can add up to several hundred dollars.
- Bonding: If the court requires a bond for the executor, the cost will depend on the value of the estate, but it typically ranges from $100 to $1,000.
5. Closing Costs
When the probate process is concluded, there may be additional fees for final tax filings, closing reports, or administrative work.
