Is probate always necessary when someone dies and how much does probate cost?

IF THE DECEDENT HAS AN ESTATE PLAN, PROBATE MAY NOT BE NECESSARY. PLEASE SEE THE LINK TO THE CALIFORNIA COURTS WEBPAGE FOR WILLS, ESTATES AND PROBATE: https://selfhelp.courts.ca.gov/probate

IN CALIFORNIA, PROBATE ATTORNEY FEES AND EXECUTOR COMMISSIONS ARE DETERMINED BY CALIFORNIA PROBATE CODE §10800 & 10810 AND ARE BASED ON THE GROSS VALUE OF THE ESTATE. AS OF 2023, THE STATUTORY ATTORNEY AND EXECUTOR PROBATE FEES IN CALIFORNIA ARE AS FOLLOWS:

4% ON THE FIRST $100,000
3% ON THE NEXT $100,000
2% ON THE NEXT $800,000
1% ON THE NEXT $9,000,000
0.5% ON THE NEXT $15,000,000
FOR ALL AMOUNTS ABOVE $25,000,000, THE COURT WILL DETERMINE A REASONABLE COMPENSATION AMOUNT.

IT IS HARD ENOUGH TO LOSE A LOVED ONE. BUT IT CAN BE EVEN MORE DIFFICULT AND COSTLY WHEN HEIRS MUST GO THROUGH PROBATE. TENSIONS CAN ARISE BETWEEN FAMILY MEMBERS WHICH LEADS TO DISAGREEMENTS. DISAGREEMENTS BETWEEN FAMILY MEMBERS CAN RESULT IN ADDITIONAL ATTORNEY FEES AND COURT COSTS. THESE ADDITIONAL COSTS CAN LEAD TO HEIRS RECEIVING MUCH LESS THAN THEY WOULD HAVE RECEIVED FROM THE ESTATE.

DISCLAIMER – THE INFORMATION PROVIDED IN THIS MESSAGE IS NOT LEGAL ADVICE.