California Probate and Estate Settlement
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California Probate Laws
California Probate Code Part 1 - Part 7
California Probate Law
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California Probate Forms
The information contained in this site is provided for introductory and educational purposes only.The information is not intended as, nor should it be considered, legal advice. The publishers of this information cannot and do not warrant that said information is correct or current. The publishers of this information do not assume and expressly deny any liability whatsoever for any action, inaction or consequences resulting from any reliance on any of the information contained herein.
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Probate of a California Will
To probate a Will, the Probate Court MUST have:
- The Original Will (A copy may be probated under some special circumstances.)
- Petition to Probate Will (Form provided above)
- Waivers from any next-of-kin of deceased (For provided above)
- Certified copy of the Death Certificate
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What is the cost of probate in California?
As per California probate code 10810 Maximum fees are:
- 4% on first $100,000
- 3% on next $100,000
- 2% on next $800,000
- 1% pm next $9,000,000
- 1/2% on next $15,000,000
Please note the maximum free amount may be charged by both the executor and the attorney. Debts are not included in determining executor and California probate attorney fees. A home with a appraisals value of $1,000,000 and a mortgage of $600,000 is considered to be a $1,000,000 asset for the purpose of calculating of the attorney and executor fees.
Maximum Probate Fees for California
Estate Value
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Statutory Fee
California Probate code 10810 |
$100,000 |
$4,000 |
$200,000 |
$7,000 |
$300,000 |
$9,000 |
$400,000 |
$11,000 |
$500,000 |
$13,000 |
$600,000 |
$15,000 |
$700,000 |
$17,000 |
$800,000 |
$19,000 |
$900,000 |
$21,000 |
$1,000,000 |
$23,000 |
$2,000,000 |
$33,000 |
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CALIFORNIA COUNTY PROBATE OFFICES CONTACT INFORMATION
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California Estate Settlement | Order California Death Certificates
Estate Settlement Event: Death
Cost of copy: $12.00
Address:
Office of Vital Records
CA Department of Public Health
MS: 5103
P.O. Box 997410
Sacramento, CA 95899-7410
Remarks: During the California estate settlement process it is advisable to initally order 10 - 12 certified copies of the death certificate. The State office has records since July 1905. For earlier records, contact the County Recorder in the county where the event occurred.
Personal check or money order should be made payable to Office of Vital Records. To verify current fees, the telephone number is (916) 445-2684. This is a recorded message.
California estate settlement information on how to obtain certified copies is also available via the Internet at http://www.cdph.ca.gov/certlic/birthdeathmar/.
Attorneys Advertise with us or call 813 944-3190
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