Probate Costs
California is one of a handful of states where probate attorney fees are set by statute, not by the hour or by negotiation. The same fee schedule applies to the personal representative (executor or administrator). Both fees are paid from estate assets at the end of probate.
The fees are calculated on the gross value of the estate — the full market value of every probate asset, without reducing for mortgages, liens, or debts.
A $1 million dollar house with a $300,000 mortgage produces the same statutory fee as a $1 million dollar house with no mortgage. The calculation is on gross value, not equity.
The statutory probate fee schedule
California Probate Code § 10810 sets the fee tiers. The attorney and the personal representative each receive a fee equal to:
| Tier (gross estate value) | Fee rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9 million | 1% |
| Next $15 million | 0.5% |
| Above $25 million | Reasonable amount as determined by the court |
“Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate…”
— Cal. Probate Code § 10810
How much does probate cost in California?
The attorney fee and the personal-representative fee are identical, paid separately. Both add up:
Try our live probate fee calculator for a custom estimate.
What the statutory fee covers — and what it does not
Covered (“ordinary services”)
- Filing the petition and obtaining Letters.
- Preparing the Inventory & Appraisal.
- Notifying creditors and reviewing claims.
- Preparing the final accounting and Petition for Distribution.
- Closing the estate.
Not covered (“extraordinary services”)
Under Cal. Probate Code § 10811, attorneys may petition the court for additional fees for:
- Selling real estate.
- Defending or filing litigation (will contests, creditor disputes).
- Tax return preparation.
- Operating a decedent's business.
- Complex distributions or asset transfers.
Other probate costs
- Court filing fees
- ~$435 to file the petition, plus filing fees for some later filings.
- Probate referee fee
- One-tenth of one percent (0.1%) of the appraised non-cash assets, with a $75 minimum and a $10,000 maximum.
- Publication of notice
- $200 to $1,000 depending on the newspaper and county.
- Bond premium (if required)
- 0.5% to 0.8% per year of the bond amount. Most wills waive bond; without a waiver, the court usually requires one.
- Accountant or appraiser fees
- If the estate has business interests, complex assets, or tax filings, additional professionals may be retained from estate funds.
Frequently asked questions
- Can probate fees be negotiated below the statutory rate?
- No. California Probate Code § 10810 sets the fees by statute, not by agreement. Attorneys may charge less than the statutory amount but cannot charge more for ordinary services.
- Are probate fees calculated on net or gross estate value?
- Gross. The fee is based on the full appraised value of probate assets, without subtracting mortgages, loans, or debts. A heavily-mortgaged house generates the same fee as one owned free and clear.
- Do trust assets count toward the fee calculation?
- No. Assets held in a living trust are not part of the probate estate and are not counted. This is one of the key reasons funded living trusts reduce overall settlement costs.
- Who pays probate fees?
- The estate pays. Fees are taken from estate assets before distribution to beneficiaries — not out of the personal representative's pocket. The amount each beneficiary receives is reduced accordingly.
- When are probate fees paid?
- At the end of probate, as part of the Petition for Final Distribution. The court must approve the fee amount before payment.
Talk to us about your situation
The initial consultation is free and no-obligation. Call (949) 545-6504, send a message below, or email with the topic pre-filled.