How expensive is the probate process?

How expensive is the probate process?

Under California law, the compensation of the personal representative and the personal representative's attorneys is a function of statute. There is a formula by which each is compensated based upon the gross value of the probate estate plus income, receipts and gains during the period of the administration. That compensation is payable only after a court has approved the amount of the compensation, therefore it's compensation that can't be paid on an ongoing basis. In addition, if either the personal representative or the attorney has engaged in what are called "nonstatutory services" - litigation, sale of real estate, preparation of an estate tax return - the personal representative or the attorney can ask the court for what are called "fees for extraordinary services."