California’s probate fees paid to both the probate lawyer and to the estate’s executor are set by law. In an earlier blog, I laid out the 4-3-2-1 statutory fee system.
Your California probate attorney probably won’t decline being paid the statutory probate fee. But as the executor, you may want to consider waiving the fee. As is the case with any income you earn, the probate fee is subject to income tax. If you are the only beneficiary, then you will inherit the entire estate income tax free; in that case, why pay yourself the taxable fee when you can get all the property tax free?
You may also wish to consider waiving the probate fee if peace among the family is enhanced as a result. Some family members may not appreciate that you get more of the estate than they get even though you will legally earn it.
Have questions about California probate? Want to discuss how to probate a will in California? Call Mitchell A. Port at (310) 526-3433 where you can discuss death and taxes.