Probate Can Be More Expensive Than Many Families Realize

One of the most common questions families ask after the death of a loved one is how much probate will cost.

For families in San Jose and throughout Santa Clara County, probate expenses can be substantial, particularly when real estate is involved.

California probate expenses often include:

• court costs;

• attorney fees;

• executor compensation;

• appraisals; and

• administrative expenses.

Many families are surprised by how quickly costs can add up.

California Uses a Statutory Fee System

California probate attorney fees are commonly based on the gross value of the estate, not net equity.

This means mortgages are generally not deducted when calculating statutory fees.

For example, a $2 million home with a $1.5 million mortgage may still be valued at $2 million for probate fee purposes.

For a broader discussion of the probate process, see How Probate Works in California.

Why This Matters in Silicon Valley

Santa Clara County real estate values frequently push estates into expensive probate administration.

Even estates that may appear modest by Silicon Valley standards can generate significant probate costs.

As a result, many homeowners explore estate planning strategies designed to reduce or avoid probate altogether.

To learn more, see Do I Need a Trust or a Will in California?

Additional Probate Expenses

Beyond statutory fees, probate may also involve:

• accounting costs;

• property maintenance;

• real estate commissions;

• creditor claims; and

• litigation expenses if disputes arise.

The total cost of administration depends on the nature of the assets involved and the complexity of the estate.

Can Probate Be Avoided?

In many situations, yes.

Tools commonly used to reduce probate exposure include:

• revocable living trusts;

• beneficiary designations;

• joint ownership arrangements; and

• coordinated asset titling.

For additional information, see What Assets Avoid Probate in California?

Proper implementation is important because incomplete planning can still create probate problems.

What Happens If a Trust Is Never Properly Funded?

Many families discover that a trust was created but important assets were never transferred into it.

When that happens, probate may still be necessary despite the existence of a trust.

For more information, see Why Funding Your Trust Is Just as Important as Signing It.

In some situations, additional court proceedings may be available. To learn more, see Heggstad Petitions Explained: Fixing Trust Funding Problems in California

Why Families Often Plan Ahead

Many families pursue estate planning specifically to:

• simplify administration;

• reduce delays;

• maintain privacy; and

• minimize probate expenses.

Understanding the potential cost of probate can help individuals make informed estate planning decisions and better prepare their families for the future.

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Related Articles

Families interested in probate and probate avoidance may also find these articles helpful:

• How Probate Works in California

• What Assets Avoid Probate in California?

• Do I Need a Trust or a Will in California?

• Why Funding Your Trust Is Just as Important as Signing It

• Heggstad Petitions Explained: Fixing Trust Funding Problems in California

• Can I Transfer My Home Into a Revocable Living Trust?

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About the Author

Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps clients create practical estate plans, guide families through probate proceedings, and assist trustees with trust administration after the death of a loved one.

To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.