Probate of Will of letters of Testamentary

Probate of Will of letters of Testamentary

The Probate of Will and the issuance of Letters Testamentary are integral parts of the legal process in California when someone passes away with a valid will. These steps allow the executor named in the will to manage and distribute the deceased person’s estate according to their wishes, as outlined in the will.

Probate is the legal process of validating a deceased person’s will and administering their estate under court supervision. It involves:

• · Proving the will is authentic and valid.
• · Appointing the executor (or administrator, if no executor is named).
• · Identifying and valuing the estate’s assets.
• · Paying off debts, taxes, and expenses.
• · Distributing the remaining assets to beneficiaries according to the will.

Price for Probate of Will of letters of Testamentary:

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: Around $435–$465 (varies by county)
• 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.