Probate Guide
How Much Does Probate Cost in California?
California sets attorney and executor fees by statute. The amounts are higher than most families expect, and they apply whether or not the estate is contested.
By Alex Wong, Esq. · Updated July 2026 · Verified against Probate Code §10810
The statutory fee schedule
California Probate Code section 10810 sets the attorney fee and the executor fee as the same percentage of the gross estate value:
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
- 0.5% on the next $15,000,000
- A reasonable amount set by the court above $25,000,000
Both the attorney and the executor (personal representative) are entitled to this fee independently. A $1 million estate generates $23,000 for the attorney and another $23,000 for the executor — $46,000 before any extraordinary fees or additional costs.
Gross value, not net equity
Fees are calculated on the gross value of the estate, not the equity. A home worth $1.5 million with a $900,000 mortgage is still a $1.5 million estate for fee purposes. The mortgage does not reduce the fee base.
Fee table by estate size
| Gross estate value | Attorney fee | Executor fee | Total statutory |
|---|---|---|---|
| $200,000 | $7,000 | $7,000 | $14,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
Statutory fees only. Excludes extraordinary fees, court filing costs, publication fees, referee appraisal, and bond premiums. Calculations based on California Probate Code §10810.
Beyond the statutory fees
The statutory percentage fees are a floor, not a ceiling. Several additional costs apply to virtually every California probate:
Court filing fees
The initial probate petition filing fee in San Mateo County Superior Court is approximately $435. Additional filings for inventory, final accounting, and distribution each carry their own fees.
Publication notice
California requires notice to creditors by publication in a local newspaper for at least four consecutive weeks. Publication typically costs $300 to $400 depending on the publication.
Probate referee appraisal
A court-appointed referee appraises non-cash assets. Referee compensation is 0.1% of the appraised value of the assets reviewed, under Probate Code section 8961.
Extraordinary attorney fees
Any service beyond routine administration — real estate disputes, contested claims, complex tax issues, litigation — is compensable as extraordinary fees in addition to the statutory percentage.
Bond premiums
Courts may require the executor to post a bond. Annual bond premiums are typically 0.5% to 1% of the estate value and continue until the estate closes.
CPA fees
The decedent's final income tax return and any estate income tax returns require a CPA. For complex estates, accounting fees can reach several thousand dollars.
What this means for Peninsula families
Median home values in Redwood City, San Mateo, Menlo Park, and surrounding communities often exceed $1.5 million. A homeowner who dies with a $1.5 million property — even with a $700,000 mortgage — creates a $1.5 million gross estate. Statutory probate fees on that estate are $28,000 for the attorney and $28,000 for the executor, totaling $56,000, before any extraordinary fees, court costs, or publication expenses.
A properly funded revocable living trust eliminates probate entirely for those assets. The trustee distributes assets directly to beneficiaries. No court. No statutory fees. No publication. No waiting period.
The cost of a complete trust-based estate plan — typically $2,500 to $5,000 for a married couple — is recovered many times over on the first avoided probate.
Frequently asked questions
What counts as the gross estate for probate fee purposes?
California probate fees are calculated on the gross value of the estate, not net equity. A home worth $1.2 million with a $700,000 mortgage is still a $1.2 million estate for fee purposes. The debt is irrelevant to the fee calculation. This is one of the most important and often misunderstood points about California probate costs.
Do attorneys and executors always take the full statutory fee?
No, but they are entitled to it. Some attorneys and executors negotiate lower fees, particularly for straightforward estates. However, the statutory amounts are the presumptive entitlement under California law, and courts routinely approve them without question. Do not count on fees being reduced.
What are extraordinary fees?
Beyond the statutory percentage fees, California law allows additional compensation for services not contemplated by the normal fee schedule. These include handling real estate litigation, contested creditor claims, complex tax filings, managing rental property during administration, and any litigation. Courts approve extraordinary fees if they are reasonable and necessary. On a contested estate, total attorney fees can easily exceed $100,000.
Are there other costs beyond attorney and executor fees?
Yes. Court filing fees (currently around $435 for the initial petition in San Mateo County Superior Court), publication costs for the required creditor notice (roughly $300 to $400 for four weeks in a local newspaper), probate referee appraisal fees (0.1 percent of appraised non-cash assets under Probate Code section 8961), and potential bond premiums if the court requires the executor to post bond. These additional costs typically add $1,500 to $3,000 or more on a standard estate.
Can probate be avoided entirely?
For most California families, yes. A revocable living trust is the primary tool. Assets titled in the trust, jointly held property with right of survivorship, accounts with named beneficiaries (IRAs, life insurance, 401(k)s), and property below the $184,500 threshold all bypass probate. The key is funding: the trust must actually hold your assets at death to work. An unfunded trust is just a piece of paper.
How long does probate take in California?
A straightforward California probate typically takes 12 to 18 months. The four-month creditor claim period alone sets a floor on the process. Court backlog, contested claims, complex assets, or a hard-to-locate beneficiary can push the timeline to two years or longer. During that time, beneficiaries generally cannot access the assets.
Related guides
Avoid probate with a living trust
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