How are attorney probate fees calculated in California?
California Probate Code §10800 sets a statutory fee schedule for attorneys (and the same for executors under §10810): 4% of the first $100,000 of gross estate value; 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. For a $500,000 estate, the statutory attorney fee is $13,000 — and the executor receives the same, for a combined $26,000. The attorney and executor can agree to lower fees.
What is 'summary probate' and how does it reduce fees?
Most states offer simplified summary or small estate procedures for estates below a threshold: California ($184,500), Florida ($75,000), Texas ($75,000), New York ($50,000). These procedures bypass formal probate, dramatically reducing fees and time. Additionally, assets that pass outside the estate — joint tenancy, beneficiary designations, payable-on-death accounts, and living trusts — avoid probate entirely regardless of estate size.
How long does probate take in the US?
Typical probate timelines: 6–12 months for simple uncontested estates; 1–2 years for complex estates or those with real property in multiple states; 2–5 years for contested matters. California and New York tend to be slower due to court backlogs. Texas and Florida can be faster for simple estates with independent administration. States with uniform probate code (UPC) adoption tend to have more streamlined procedures.