Answer

Thank you for using JustAnswer.

First, I am sorry for your loss.

 

You said you live in California, so I will assume your father passed away here; but please let me know if this was not the case.

 

Yes, the home would be subject to probate if only your father's name was on the deed (eg: you or your sister were not joint owners). The assets under the trust name do not go through probate.

 

Now, probate fees in California are on a sliding percentage scale for the attorney. It's 4% of the first $100,000, 3% of the next $100,000, 4% of the next $800,000, 1% of the next $9 million, and 1/2% for the next $15 million. Here is a brief chart that might be helpfult to you in estimating your father's probate fees.

 

 

Estate Value	Statutory Fee
$100,000	$4,000
$200,000	$7,000
$300,000	$9,000
$400,000	$11,000
$500,000	$13,000
$600,000	$15,000
$700,000	$17,000
$800,000	$19,000
$900,000	$21,000
$1,000,000	$23,000
$1,500,000	$28,000
$2,000,000	$33,000
$3,000,000	$43,000
$4,000,000	$53,000

Thanks!

 

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Expert:	legallysound
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Answered:	2/19/2009

Attorney

Over 12 years of practical experience in Estate Planning, Trust and Probate law.