California probate fees are set by statute, not negotiated. Under California Probate Code Sections 10800 and 10810, both the attorney and the personal representative are entitled to the same percentage of the gross estate value: 4 percent on the first $100,000, 3 percent on the next $100,000, 2 percent on the next $800,000, 1 percent on the next $9 million, and 0.5 percent on the next $15 million. Fees are calculated on gross value, not net equity, meaning a home’s full appraised value is used even if it carries a substantial mortgage. For a $1 million California estate, statutory fees total approximately $46,000 (attorney plus executor combined). Additional costs include the court filing fee of $435, the probate referee’s appraisal fee of 0.1 percent of asset value under Probate Code Section 8961, publication costs, and any bond premiums. Total California probate costs typically range from 4 to 7 percent of the gross estate.
If you have just lost a loved one or are planning ahead to avoid these fees entirely, Allenby Law can help. Schedule a consultation with our San Diego team.
How Are California Probate Fees Calculated in 2026?
California is one of only a handful of states that sets attorney and executor fees by statute rather than letting the market negotiate them. The governing statutes are California Probate Code Section 10800 (executor compensation) and California Probate Code Section 10810 (attorney compensation). The fee schedules are identical.
The fee is calculated on the gross value of the probate estate, which means the total appraised value of all assets that go through probate, without subtracting any debts, mortgages, or liens against those assets. This is the single most important and most counterintuitive feature of California probate fees. A million-dollar San Diego home with a $700,000 mortgage and only $300,000 of equity still generates fees calculated on the full million dollars.
The same percentages apply to the attorney for the personal representative and to the personal representative themselves. The total ordinary statutory fee for routine probate work is therefore double the single fee schedule.
What Is the California Statutory Probate Fee Schedule?
The Probate Code 10800 and 10810 fee schedule is a tiered percentage:
Statutory Fee Schedule
| Estate Value Tier | Percentage Applied |
| First $100,000 | 4 percent |
| Next $100,000 (up to $200,000) | 3 percent |
| Next $800,000 (up to $1,000,000) | 2 percent |
| Next $9,000,000 (up to $10,000,000) | 1 percent |
| Next $15,000,000 (up to $25,000,000) | 0.5 percent |
| Above $25,000,000 | Court determines a reasonable amount |
To calculate the fee, you apply each percentage to the corresponding slice of the estate, not the entire estate. The full fee is the sum of each tier.
For example, a $500,000 California estate produces this calculation: – 4 percent of the first $100,000 = $4,000 – 3 percent of the next $100,000 = $3,000 – 2 percent of the next $300,000 = $6,000 – Total ordinary fee per role = $13,000 – Combined attorney + executor fees = $26,000
What Are the Additional Probate Costs Beyond Attorney Fees?
The statutory attorney and executor fees are only part of the total cost. A full California probate also includes:
Court Filing Fees: California Government Code Section 70650 sets the initial petition fee at $435, with a matching $435 for the final distribution petition. There are also smaller fees for various petitions, accountings, and certified copies during the case.
Probate Referee Appraisal: California Probate Code Section 8961 sets the probate referee’s compensation at 0.1 percent of the value of the non-cash assets appraised, with a minimum of $75 and a maximum of $10,000 per estate. For a $1 million estate, the referee fee is approximately $1,000.
Publication Costs: California Probate Code Section 8121 requires publication of a Notice of Petition to Administer Estate in a newspaper of general circulation. Costs typically run $200 to $500 depending on the publication.
Bond Premiums: If a bond is required (typically when the will does not waive it or when there is no will), bond premiums run roughly 0.5 to 1 percent of the bonded amount per year. For a $1 million estate over an 18-month probate, the bond premium can easily exceed $7,500.
Extraordinary Fees: Under California Probate Code Section 10811, the attorney may petition for additional fees for extraordinary services such as real estate sales, will contests, tax matters, and complex litigation. The court reviews these requests and awards what it considers reasonable, typically at hourly rates.
Certified Copies, Recording Fees, Tax Preparation: Add several hundred dollars more for the administrative work needed throughout the case.
Total non-statutory probate costs typically run $2,500 to $10,000 or more, depending on the complexity of the estate.
How Much Does Probate Cost for a $500,000 Estate? A $1 Million Estate? A $2 Million Estate?
Worked Examples
| Gross Estate Value | Attorney Fee | Executor Fee | Combined Statutory Fees | Estimated Other Costs | Total Approximate Probate Cost |
| $500,000 | $13,000 | $13,000 | $26,000 | $3,000 | $29,000 |
| $750,000 | $18,000 | $18,000 | $36,000 | $4,000 | $40,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 | $5,000 | $51,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 | $6,500 | $62,500 |
| $2,000,000 | $33,000 | $33,000 | $66,000 | $7,500 | $73,500 |
| $5,000,000 | $63,000 | $63,000 | $126,000 | $12,000 | $138,000 |
Note that for a San Diego County family, the relevant number is rarely the cash in the bank. It is the appraised value of the home. A typical Carmel Valley, La Jolla, Del Mar, or Encinitas property easily falls into the $1 million to $2 million range, putting the total probate cost at $50,000 to $75,000 even before the rest of the estate is counted.
Why Are California Probate Fees Based on Gross Value Instead of Net Equity?
California’s gross-value approach is intentional. The legislature reasoned that the work involved in administering an estate, including marshaling assets, dealing with creditors, appraising property, and handling distributions, scales with the value of the assets being administered, not the equity remaining after debts.
The practical effect is that California families with high-value, high-mortgage real estate (which describes most of San Diego County) bear a disproportionate probate burden. Equity in a home matters for inheritance; it does not matter for fee calculation.
A San Diego family with a $1.5 million home and a $1 million mortgage has $500,000 of actual equity. California probate fees on that home are calculated on $1.5 million, generating $56,000 in combined statutory fees. The family pays more than 11 percent of their actual equity to administer the probate of a single asset.
This is one of the strongest reasons to build a revocable living trust into your estate plan. The trust does not eliminate the asset’s value, but it removes the asset from probate entirely, eliminating the statutory fee.
Can You Negotiate California Probate Attorney Fees?
The statutory fee schedule sets the maximum ordinary attorney fee. An attorney can agree in writing to accept less, but cannot charge more for ordinary services without a court order for extraordinary services under Probate Code Section 10811.
Some California probate attorneys offer reduced statutory fees, particularly for simpler estates or for clients with established relationships. Some offer flat fees for the basic petition work, with statutory fees only for the full scope. Some will waive the fee entirely for family members who are also beneficiaries and want to maximize the estate’s net distribution.
The executor or personal representative can also waive their statutory fee. When the executor is a family member who is also a beneficiary, waiving the fee passes the savings through to the beneficiaries (including the executor themselves) and avoids the income tax consequence of receiving the fee as ordinary income.
How Do California Probate Fees Compare to Other States?
California’s statutory fee structure produces some of the highest probate costs in the country. Most states use a “reasonable fee” standard, allowing the attorney and executor to charge what the court considers reasonable for the work performed. In practice, “reasonable” fees in other states often run 1 to 3 percent of the estate value, compared to California’s combined 4 to 7 percent statutory range.
A $1 million estate that costs $46,000 in California statutory fees might cost $15,000 to $25,000 in a reasonable-fee state for the same work.
The high cost is one reason California families more aggressively use revocable living trusts than families in many other states. The probate avoidance value is simply much higher when probate itself is much more expensive.
How Can You Avoid Statutory Probate Fees Entirely?
You avoid California probate fees by avoiding probate. The most common tools are:
Revocable Living Trust: Assets funded into the trust during your lifetime are administered by the successor trustee at your death, not the probate court. Statutory fees do not apply.
Beneficiary Designations: Retirement accounts, life insurance, and accounts with Payable on Death or Transfer on Death designations pass directly to the named beneficiaries.
Joint Tenancy with Right of Survivorship: Real estate and accounts held in joint tenancy transfer automatically to the surviving owner.
Transfer on Death Deed: California’s Revocable Transfer on Death deed under Probate Code Sections 5600 through 5696 allows a homeowner to name a beneficiary for one parcel of real estate.
Small Estate Affidavit: For estates with personal property below the statutory threshold ($208,850 for deaths between April 1, 2025 and March 31, 2026; $239,700 for deaths on or after April 1, 2026), heirs can use a small estate affidavit under Probate Code Section 13100 to collect assets without probate.
Primary Residence Petition: California’s AB 2016, effective April 1, 2025, created a streamlined Petition to Determine Succession to Primary Residence under Probate Code Section 13151 for primary residences valued up to $750,000, dramatically reducing probate cost for qualifying estates.
A complete estate plan typically uses multiple tools together. The cost of building the plan, usually a few thousand dollars in legal fees, is a fraction of what statutory probate fees would cost on the same estate.
Frequently Asked Questions About California Probate Costs
Q: Who pays California probate fees?
A: The fees are paid out of the estate, not by the executor or attorney personally. Beneficiaries effectively pay the fees in the form of a reduced inheritance.
Q: Are California probate fees tax deductible?
A: Probate fees are not deductible on the personal income tax returns of the beneficiaries. They may be deductible on the estate’s income tax return (Form 1041) or potentially on the federal estate tax return (Form 706) for estates large enough to require one.
Q: How quickly are probate fees paid?
A: Statutory fees are paid at the end of the probate, after the court approves the final accounting and orders distribution. Extraordinary fees may be paid earlier with court approval.
Q: Do statutory fees apply if the estate qualifies for small estate procedures?
A: No. Estates that qualify for the small estate affidavit under Probate Code Section 13100, the primary residence petition under Probate Code Section 13151, or other simplified procedures do not pay statutory probate attorney fees.
Q: How does a trust avoid these fees?
A: Trust assets are not part of the probate estate, so they are not subject to the Probate Code Section 10810 fee schedule. Trust administration fees are negotiated separately and are typically a small fraction of statutory probate fees.
The cost of probate is the cost of not having a plan. Allenby Law builds revocable living trusts and complete estate plans that keep your family out of California probate court. Schedule a consultation.
