When someone passes away in California, many families are caught off guard by how expensive and time consuming probate can be. The costs are not based on how much work is actually required. They are determined by statute and calculated on the gross value of the estate, regardless of debts or complexity.

At Kushner Legal Corporation, we help clients throughout Los Angeles and Palm Springs understand these costs so they can make informed decisions about whether trust based planning makes sense for their situation.

Understanding California’s Statutory Probate Fees

California Probate Code sections 10810 and 10800 set the fees that attorneys and executors are entitled to receive. These fees are based on the gross value of the probate estate, not the net value after debts are paid.

Here is how the fee structure works:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0
.5% of the next $15,000,000
For amounts above $25,000,000, the court determines a reasonable fee

Both the attorney and the executor are entitled to this statutory fee. That means if your estate is worth $1,000,000, the combined fees for the attorney and executor could be $46,000 before any additional costs.

A Real World Example

Consider a single family home in Los Angeles valued at $900,000 with a $400,000 mortgage. Even though the net equity is $500,000, probate fees are calculated on the full $900,000 value.

Attorney fees: $23,000
Executor fees: $23,000
Court filing fees, publication costs, appraisals, and other administrative expenses: $3,000 to $5,000
Total estimated cost: $49,000 to $51,000
That is nearly 10% of the net equity, and it assumes a straightforward case with no disputes or complications.
Extraordinary Fees Can Add Up Quickly

The statutory fees cover ordinary services. If the estate involves any of the following, the attorney or executor can petition the court for additional compensation under Probate Code section 10811:

Disputes among heirs or beneficiaries
Contested creditor claims
Sale of real property
Management of a business
Tax issues or audits
Will contests or trust litigation

These extraordinary fees are determined by the court and can significantly increase the total cost of probate.

Probate Takes Time

In addition to cost, probate in California typically takes 12 to 18 months or longer, even for simple estates. During that time, assets are often frozen. Your family may not be able to access funds, sell property, or make distributions without court approval. This delay can create financial strain at an already difficult time.

How a Revocable Living Trust Avoids These Costs

A properly drafted and funded revocable living trust allows your assets to pass outside of probate entirely. There are no statutory fees. There is no court oversight. Your successor trustee can distribute assets according to your instructions without waiting for court approval or paying tens of thousands of dollars in fees.

The costs to create a trust are a one time expense, typically a fraction of what probate would cost. Once the trust is in place and funded, your family avoids the delays, the public court process, and the statutory fees that come with probate.

Not Every Asset Goes Through Probate

It is important to understand that some assets pass outside of probate automatically, even without a trust. These include:

Assets held in joint tenancy with right of survivorship
Retirement accounts with named beneficiaries
Life insurance policies with named beneficiaries
Payable on death (POD) or transfer on death (TOD) accounts

However, any assets held in your individual name with no beneficiary designation or joint ownership will go through probate unless they are transferred into a trust during your lifetime.

When Probate May Still Be Necessary

Even with a trust, probate may still be required if you failed to transfer all of your assets into the trust before you passed away. This is why funding your trust properly is just as important as creating it. We work with clients to ensure that real estate, bank accounts, investment accounts, and business interests are titled correctly so the trust can actually do its job.

A pour over will is often used as a backup. It directs any assets left outside the trust to be transferred into the trust after death, but those assets still go through probate first. The goal is to avoid needing that safety net by funding the trust fully during your lifetime.

Small Estates May Qualify for Simplified Procedures

California does offer a simplified process for smaller estates under Probate Code section 13100

If the total value of the probate estate is $184,500 or less (this amount adjusts periodically for inflation), heirs may be able to use an affidavit procedure to transfer assets without formal probate.

However, this threshold is often exceeded by a single piece of real estate in Los Angeles or Palm Springs. Relying on the small estate exemption is not a plan. It is a gamble that your assets will stay below the limit.

Why Families Choose Trust Based Planning

The decision to create a revocable living trust is not just about avoiding probate fees. It is about protecting your family from unnecessary stress, delay, and expense during an already emotional time. It is about maintaining privacy, since probate is a public court process. And it is about maintaining control, so you can decide exactly how and when your assets are distributed.

Trust based planning also protects you during your lifetime. If you become incapacitated, your successor trustee can step in and manage your affairs without the need for a court supervised conservatorship. This continuity of management can make a meaningful difference when you or your family need it most.

Taking Action Now Can Save Your Family Later

If you already own real estate in California or have significant assets, the cost of probate could easily exceed $50,000 or more. A revocable living trust eliminates that burden entirely and gives your family clarity and peace of mind.

At Kushner Legal Corporation, we believe estate planning should be practical, transparent, and focused on real life outcomes. We take the time to explain your options, help you understand the costs and benefits, and create a plan that actually works when it matters.

If you are ready to protect your family from the expense and delay of California probate, or if you want to review an existing plan to make sure your trust is properly funded, we are here to help.

You can learn more about our approach to trust based estate planning or schedule a consultation by visiting www.kushnerlegal.com.