Probate filing fees in the State of California are based on a sliding scale depending on the size of your estate.
Under California Government Code Sections 26827 and 68087:
The filing fee for an estate under $250,000 = $320
…at least $250,000 and under $500,000 = $385
…at least $500,000 and under $750,000 = $485
…at least $750,000 and under $1,000,000 = $635
…at least $1,000,000 and under $1,500,000 = $1,135
…at least $1,500,000 and under $2,000,000 = $2,135
…at least $2,000,000 and under $2,500,000 = $2,635
…at least $2,500,000 and under $3,500,000 = $3,635
…of $3,500,000 and over = $3,635 + 0.2% of estate’s value over $3.5M
Recently, Justice Kenneth Yegan, in his opinion for the California Court of Appeal, called this fee filing scheme as he saw it: “This appeal is about an estate or inheritance tax masquerading as a graduated probate court user or filing fee . . . .” The full opinion can be found here. (Estate of Claeyssens, Second District, Div. Six.)
Reports have already come in of the Superior Courts issuing refund orders of filing fees overpaid.
