Probate / Statutory fee, 9 to 18 months
Probate in Santa Clara County, start to finish.
Someone died with a will, or with nothing, and the estate is over $184,500. The court gets involved. We file, appear and finish it, and the fee is set by law before we start.
Statutory fees
The fee is in the code, not in our pricing.
California Probate Code section 10810 sets the attorney fee as a percentage of the gross estate. Every probate lawyer in the state charges the same number. The executor is entitled to the same fee, and often waives it.
| Portion of the gross estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9 million | 1% |
Worked example: a $1.5 million estate, which in Los Gatos is one house and a savings account. The fee is $4,000 plus $3,000 plus $16,000 plus $5,000, so $28,000, paid from the estate at the end. Gross means before the mortgage is subtracted, which is the part that surprises people.
Court filing fees, the probate referee, publication and certified copies add roughly $1,500 to $2,500 on top. We do not charge extraordinary fees for an ordinary sale of the house.
The timeline
Nine months if it is clean, eighteen if it is not.
- Month 1: petition
We file the Petition for Probate in San Jose, publish the notice in a local paper and mail notice to every heir. The court sets a hearing six to eight weeks out.
- Months 2 to 3: letters issued
The judge appoints the executor or administrator and issues Letters. Now you can open the estate account, talk to the banks and list the house.
- Months 3 to 7: inventory and creditors
The probate referee values the assets. Creditors get four months from the Letters to file claims. The house usually sells in this window.
- Months 7 to 9: taxes and accounting
Final income tax returns, the estate's fiduciary return, and the accounting that shows the court every dollar in and out.
- Months 9 to 12: final petition
The petition for final distribution, a second hearing, and the order that lets the executor hand out the estate and pay the fees.
- Where it stretches to 18
A contested will, an heir who cannot be found, real estate that will not sell, or a court calendar that slips. Santa Clara's probate department is better than most, but a continuance costs two months.
What to bring
The first meeting checklist.
- The original will, if there is one, and any codicils
- Certified death certificates, at least five
- The most recent deed and property tax bill for each property
- Last statements for every bank, brokerage and retirement account
- Names and addresses of the spouse, children and anyone named in the will
- Life insurance policies and anything with a named beneficiary
- Outstanding bills, the mortgage statement and any letters from creditors
- The last two years of tax returns
Missing half of it is normal. Bring what you have. Priya will build the list of what is missing and tell you how to get each item.
If there was a trust, you may not need probate at all. Start on the trust administration page. If the estate is under $184,500 with no real property, a small estate affidavit does the job for a few hundred dollars, and we will tell you so at the consult. If the plan is to avoid this for your own family, that is estate planning.