Probate Basics

How Much Does Probate Cost in California?

By Grant A. Toeppen

California is one of the few states that sets "ordinary" probate fees by statute. The personal representative (executor or administrator) and the attorney are each entitled to the same fee, calculated as a percentage of the estate's value. Because the percentages are fixed by law, the base cost of probate is predictable from the start.

The statutory fee schedule

Portion of the estate's value	Fee rate
First $100,000	4%
Next $100,000	3%
Next $800,000	2%
Next $9,000,000	1%
Next $15,000,000	0.5%
Above $25,000,000	Set by the court

These percentages apply twice — once for the attorney and once for the personal representative. The representative (often a family member) is free to waive their fee, and many do.

A worked example

On a $1,000,000 estate, the ordinary fee is calculated as:

4% of the first $100,000 = $4,000
3% of the next $100,000 = $3,000
2% of the next $800,000 = $16,000
Total = $23,000

So the statutory attorney's fee on a $1 million estate is $23,000, and the personal representative is entitled to another $23,000 (which they may waive).

The detail that surprises people: fees are based on the gross estate

The fee is calculated on the gross value of the estate, not the net. A house counts at its full appraised value, even if it carries a large mortgage. If a $900,000 home has a $600,000 loan, the fee is still figured on $900,000 — the debt is not subtracted first. Certain gains and receipts during administration can be added in as well.

This is one reason that, for the right estates, avoiding probate through a trust, a spousal property petition, or a Heggstad petition can save significant money.

Other costs to expect

Beyond the statutory fees, an estate typically pays:

Court filing fees for the opening and closing petitions
Probate referee fee — generally about one-tenth of one percent (0.1%) of the assets the referee appraises, plus costs
Newspaper publication of the required notice
Bond premium, if a bond is required (more likely for out-of-state representatives)
Extraordinary fees — additional, court-approved compensation for unusual work such as selling real estate, handling litigation, or resolving complex tax issues

What this means when you're choosing an attorney

Because the ordinary fee is fixed by law, you are not really shopping on price for the base work — you're choosing on experience, communication, and how cleanly the attorney handles the extraordinary tasks and keeps the case moving. A well-run probate that closes on time is worth far more than a small difference in quotes.

At Advance Planning, A Law Corporation, we'll walk you through the likely cost of a specific estate before you commit to anything — and tell you honestly if a lower-cost alternative to full probate applies. Request a consultation.

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Frequently Asked Questions

Who pays the probate attorney's fees? The fees are paid from the estate's assets, not out of the personal representative's pocket. They are typically paid at the end, when the estate is distributed.

Are California probate fees based on the value after debts? No. The statutory fee is based on the gross value of the estate. Mortgages and other debts are not subtracted before the fee is calculated.

Can the personal representative also be paid? Yes. The representative is entitled to the same statutory fee as the attorney, though family members often waive it, especially when they are also a beneficiary.

What are "extraordinary" fees? They are extra fees, approved by the court, for work beyond ordinary administration — such as selling real property, litigation, or tax matters. They are in addition to the statutory percentages.

Is it cheaper to avoid probate? Often, yes. Trusts and simplified procedures like a spousal property petition or Heggstad petition can avoid the percentage-based fees entirely. Whether one applies depends on the estate.

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