Quick Answer: California probate fees for a $500,000 estate total approximately $26,000-$35,000 in statutory fees, court costs, and other expenses. For a $1 million estate, expect $46,000-$60,000+. These fees are completely avoidable with a living trust that costs just $400-$500.
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Table of Contents
- California Probate Fee Overview 2025
- Statutory Probate Fees (Attorney & Executor)
- Probate Fee Calculator by Estate Size
- Court Filing & Publication Fees
- Probate Bond Requirements & Costs
- Additional Probate Expenses
- Extraordinary Fees for Complex Cases
- Total Probate Cost Examples
- Probate Costs vs Living Trust Costs
- How to Avoid Probate Fees Completely
- Frequently Asked Questions
California Probate Fee Overview 2025
California has one of the most expensive probate processes in the United States, with fees mandated by state law through Probate Code Section 10810. Unlike many states where probate fees are negotiable, California uses a statutory fee schedule based on the gross value of the estate.
These fees are not optional - they are set by law and apply to nearly all estates that go through probate. Understanding these costs is crucial for estate planning, as they can be completely avoided with proper planning.
Critical Facts About California Probate Fees
- Based on gross estate value - not net value (debts don't reduce fees)
- Both attorney AND executor receive the same statutory fees (doubling costs)
- Fees come off the top - paid before beneficiaries receive anything
- Completely avoidable with a living trust ($400-500)
- California ranks among the highest probate costs in the nation
- Process takes 12-18 months minimum, often longer
California Statutory Probate Fees (Attorney & Executor)
California Probate Code Section 10810 establishes a tiered fee structure based on the gross value of the estate. The same fees apply to both the probate attorney and the personal representative (executor).
2025 California Probate Fee Schedule:
| Estate Value Range | Fee Percentage | Example Calculation |
|---|---|---|
| First $100,000 | 4% | $100,000 × 4% = $4,000 |
| Next $100,000 ($100,001-$200,000) | 3% | $100,000 × 3% = $3,000 |
| Next $800,000 ($200,001-$1,000,000) | 2% | $800,000 × 2% = $16,000 |
| Next $9,000,000 ($1M-$10M) | 1% | $1,000,000 × 1% = $10,000 |
| Next $15,000,000 ($10M-$25M) | 0.5% | $5,000,000 × 0.5% = $25,000 |
| Over $25,000,000 | Reasonable amount (court approval) | Determined by court |
Key Point: Fees Are Doubled
Remember: Both the attorney AND the executor each receive these fees. For a $500,000 estate:
- Attorney fee: $13,000 (statutory)
- Executor fee: $13,000 (statutory)
- Total statutory fees: $26,000
This is before any additional costs like court fees, bonds, appraisals, or extraordinary fees.
How Statutory Fees Are Calculated
The fees are calculated on the gross value of the probate estate, which includes:
- Real property (at appraised value, not market value)
- Bank accounts and cash
- Investment accounts (stocks, bonds, mutual funds)
- Personal property (vehicles, jewelry, collectibles)
- Business interests
- Any other assets in the decedent's name alone
Important: Debts, mortgages, and liens do NOT reduce the estate value for fee calculation purposes. If you own a $600,000 house with a $400,000 mortgage, fees are calculated on the full $600,000 gross value, not the $200,000 net equity.
California Probate Fee Calculator by Estate Size
Here's exactly what you'll pay in statutory probate fees for common estate sizes in California. Remember, these are just the statutory fees - total costs will be higher when you add court fees, bonds, publication, and other expenses.
2025 California Probate Fee Calculator
| Estate Value | Attorney Fee | Executor Fee | Total Statutory Fees | Living Trust Saves You |
|---|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 | $25,500 (vs $500 trust) |
| $750,000 | $18,000 | $18,000 | $36,000 | $35,500 (vs $500 trust) |
| $1,000,000 | $23,000 | $23,000 | $46,000 | $45,500 (vs $500 trust) |
| $1,500,000 | $28,000 | $28,000 | $56,000 | $53,000 (vs $3,000 trust) |
| $2,000,000 | $33,000 | $33,000 | $66,000 | $63,000 (vs $3,000 trust) |
Detailed Calculation Example - $750,000 Estate:
- First $100,000 @ 4% = $4,000
- Next $100,000 @ 3% = $3,000
- Next $550,000 @ 2% = $11,000
- Attorney statutory fee: $18,000
- Executor statutory fee: $18,000
- Total statutory fees: $36,000
Save Your Family $26,000-$66,000+ in Probate Fees
ROI: 5,200% - The smartest investment for your family's future
Court Filing & Publication Fees
In addition to statutory attorney and executor fees, California probate requires various court filing fees and publication costs.
Court Filing Fees (2025):
| Filing Type | Cost | When Required |
|---|---|---|
| Initial Petition for Probate | $435-$515 | Required for all estates |
| Notice of Petition | Included in initial fee | Required |
| Order for Probate | $0 (no additional fee) | Required |
| Inventory & Appraisal Filing | $0 (no fee) | Required |
| Petition for Final Distribution | $0 (no additional fee) | Required |
| Additional Petitions (if needed) | $60-$225 each | As needed |
Publication Costs:
California law requires the executor to publish a "Notice of Petition to Administer Estate" in a newspaper of general circulation in the county where the decedent lived. This must run once a week for three consecutive weeks.
- Major metro areas (LA, SF, San Diego): $300-$600
- Suburban counties: $200-$400
- Rural counties: $150-$300
- Average statewide: $250-$400
The cost varies based on the newspaper's advertising rates and the length of the notice.
Certified Copies & Filing Fees:
- Certified copies of Letters: $25-$40 per set (need multiple sets for banks, etc.)
- Certified copies of Orders: $25-$40 per copy
- Filing of Creditor Claims: $0 (no fee)
- Notice to creditors (mailing): $50-$200 (postage and processing)
Typical Court & Publication Costs
For a standard probate case, expect to pay:
- Court filing fees: $435-$515
- Publication costs: $200-$400
- Certified copies: $75-$150
- Notice to creditors: $50-$200
- Total court & publication costs: $760-$1,265
Probate Bond Requirements & Costs
Unless waived by the will, California probate law requires the executor (personal representative) to post a bond equal to the estate's value to protect beneficiaries from potential mismanagement or theft.
When a Bond is Required:
- Will doesn't waive bond: Bond required by default
- Executor lives out of state: Bond may be required even if waived in will
- Court orders bond: If there are concerns about the executor
- Beneficiaries request bond: Even if waived in will
When a Bond Can Be Waived:
- Will specifically waives bond requirement
- All beneficiaries are adults and waive bond in writing
- Court determines bond is unnecessary
Probate Bond Costs (2025):
Bond premiums are typically based on the estate value and the executor's creditworthiness. The premium is an annual cost that must be paid throughout the probate process (12-24 months typically).
| Estate Value | Annual Bond Premium | Total Cost (18 months probate) |
|---|---|---|
| $100,000 | $500-$750 | $750-$1,125 |
| $300,000 | $1,000-$1,500 | $1,500-$2,250 |
| $500,000 | $1,500-$2,500 | $2,250-$3,750 |
| $750,000 | $2,000-$3,500 | $3,000-$5,250 |
| $1,000,000 | $2,500-$4,500 | $3,750-$6,750 |
| $2,000,000 | $4,000-$8,000 | $6,000-$12,000 |
Note: Premium rates vary by bonding company and the executor's credit score. Executors with poor credit may be denied bonding or charged higher premiums.
Bond Costs Add Up Quickly
For a $500,000 estate going through an 18-month probate:
- Bond premium: $2,250-$3,750
- This is in ADDITION to the $26,000 in statutory fees
- Total so far: $28,250-$29,750 (and we haven't counted other expenses yet)
A $500 living trust eliminates all of these costs.
Additional Probate Expenses
Beyond statutory fees, court costs, and bonds, California probate involves numerous additional expenses that can significantly increase the total cost.
Probate Referee Fees:
California requires a court-appointed probate referee to appraise all non-cash assets in the estate. The referee charges 0.1% (one-tenth of one percent) of the appraised value.
- $500,000 estate: $500 referee fee
- $1,000,000 estate: $1,000 referee fee
- $2,000,000 estate: $2,000 referee fee
Professional Appraisals:
In addition to the probate referee, you may need specialized appraisals:
- Real estate appraisal: $400-$800 per property
- Business valuation: $3,000-$15,000+
- Art/antiques appraisal: $200-$500+ per item
- Jewelry appraisal: $100-$300 per piece
- Vehicle appraisals: $100-$200 each (if classic/collectible)
Accounting Fees:
- Estate tax return (Form 706): $3,000-$7,000 (if estate exceeds federal exemption)
- Estate income tax return (Form 1041): $500-$2,000 annually
- Decedent's final income tax return: $500-$1,500
- California estate tax return: $0 (California has no state estate tax)
- Estate accounting for court: $500-$2,000
Other Common Expenses:
| Expense | Typical Cost |
|---|---|
| Property maintenance (12-18 months) | $3,000-$10,000+ |
| Property insurance | $1,200-$3,000 |
| Utility bills during probate | $1,500-$4,000 |
| Property taxes during probate | $5,000-$15,000+ (varies widely) |
| Storage fees for personal property | $500-$3,000 |
| Vehicle storage/maintenance | $300-$1,500 |
| Death certificates (need 10-15) | $200-$300 |
| Postage and mailing costs | $100-$300 |
| Document preparation/copying | $100-$400 |
Typical Additional Expenses
For a $500,000 estate with one house:
- Probate referee: $500
- Real estate appraisal: $500
- Tax returns (CPA): $1,500
- Property maintenance (18 months): $5,000
- Insurance & utilities: $3,000
- Property taxes: $8,000
- Miscellaneous: $500
- Total additional expenses: $19,000
Extraordinary Fees for Complex Cases
In addition to statutory fees, California probate law allows attorneys and executors to petition the court for "extraordinary fees" for services beyond normal probate administration.
What Qualifies for Extraordinary Fees:
- Estate litigation: Will contests, disputes among beneficiaries
- Selling real property: Typically 1-3% of sale price for attorney
- Operating a business: Managing ongoing business operations
- Tax disputes: IRS audits, tax court proceedings
- Complex asset management: Managing investment portfolios, multiple properties
- Debt collection: Pursuing debts owed to the estate
- Defending claims: Lawsuits against the estate
Common Extraordinary Fee Scenarios:
| Service | Typical Extraordinary Fee |
|---|---|
| Selling primary residence | 1-3% of sale price ($6,000-$18,000 on $600K home) |
| Will contest litigation | $15,000-$100,000+ (billed hourly) |
| Beneficiary dispute mediation | $5,000-$25,000 |
| Operating family business | $300-$600/hour for time spent |
| IRS estate tax audit | $10,000-$50,000+ |
| Creditor claim disputes | $3,000-$15,000 per dispute |
| Out-of-state property sales | $5,000-$20,000 |
Real Estate Sales Can Double Attorney Fees
If the executor needs to sell the family home during probate:
- Statutory attorney fee (already paid): $13,000 (on $500K estate)
- Extraordinary fee for sale (1-3%): $6,000-$18,000 (on $600K home)
- Total attorney fees: $19,000-$31,000
- Plus realtor commission: $30,000-$36,000 (5-6%)
Selling one house can add $36,000-$54,000 to probate costs!
How Extraordinary Fees Are Approved:
Extraordinary fees must be approved by the probate court. The attorney or executor must:
- File a petition detailing the extraordinary services provided
- Provide time records and documentation
- Justify why the fees are reasonable
- Notice all beneficiaries (who can object)
- Attend a court hearing
While most extraordinary fee requests are approved, the court can reduce them if they seem unreasonable.
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Start Online - 30 Minutes →Total Probate Cost Examples
Let's put it all together and see what California families actually pay for probate in 2025. These are real-world examples based on typical estates.
Example 1: $500,000 Estate (Single Family Home + Bank Accounts)
| Fee Category | Amount |
|---|---|
| Attorney statutory fee | $13,000 |
| Executor statutory fee | $13,000 |
| Court filing fees | $500 |
| Publication costs | $300 |
| Probate bond (18 months) | $3,000 |
| Probate referee fee | $500 |
| Real estate appraisal | $500 |
| CPA fees (tax returns) | $1,500 |
| Property maintenance (18 months) | $5,000 |
| Insurance, utilities, taxes | $11,000 |
| Miscellaneous expenses | $700 |
| TOTAL PROBATE COST | $49,000 |
| Net to beneficiaries | $451,000 |
Probate cost: 9.8% of estate value
A $500 living trust would save $48,500
Example 2: $1,000,000 Estate (Home + Investments + Business Interest)
| Fee Category | Amount |
|---|---|
| Attorney statutory fee | $23,000 |
| Executor statutory fee | $23,000 |
| Court filing fees | $515 |
| Publication costs | $400 |
| Probate bond (24 months) | $6,000 |
| Probate referee fee | $1,000 |
| Real estate appraisal | $600 |
| Business valuation | $5,000 |
| CPA fees (tax returns, accounting) | $3,500 |
| Property maintenance (24 months) | $8,000 |
| Insurance, utilities, taxes | $18,000 |
| Extraordinary fees (business management) | $8,000 |
| Miscellaneous expenses | $1,500 |
| TOTAL PROBATE COST | $98,515 |
| Net to beneficiaries | $901,485 |
Probate cost: 9.9% of estate value
A $3,000 attorney-prepared trust would save $95,515
Example 3: $2,000,000 Estate with Property Sale
| Fee Category | Amount |
|---|---|
| Attorney statutory fee | $33,000 |
| Executor statutory fee | $33,000 |
| Extraordinary fee - property sale (2%) | $24,000 |
| Court filing fees | $515 |
| Publication costs | $450 |
| Probate bond (24 months) | $10,000 |
| Probate referee fee | $2,000 |
| Real estate appraisals (2 properties) | $1,200 |
| CPA fees | $5,000 |
| Realtor commission (property sale) | $60,000 |
| Property maintenance, taxes, insurance | $35,000 |
| Miscellaneous expenses | $2,500 |
| TOTAL PROBATE COST | $206,665 |
| Net to beneficiaries | $1,793,335 |
Probate cost: 10.3% of estate value
A $5,000 attorney-prepared trust would save $201,665
Probate Costs vs Living Trust Costs
The stark difference between probate costs and living trust costs makes the choice clear for most California families.
| Estate Value | Total Probate Cost | Living Trust Cost | Your Savings | ROI |
|---|---|---|---|---|
| $500,000 | $35,000-$50,000 | $400-$500 | $34,500-$49,500 | 8,625%-12,375% |
| $750,000 | $50,000-$70,000 | $400-$500 | $49,500-$69,500 | 12,375%-17,375% |
| $1,000,000 | $65,000-$100,000 | $500-$3,000 | $62,000-$99,500 | 2,067%-19,900% |
| $1,500,000 | $85,000-$125,000 | $2,500-$4,000 | $81,000-$122,500 | 2,025%-4,900% |
| $2,000,000 | $120,000-$210,000 | $3,000-$5,000 | $115,000-$207,000 | 2,300%-6,900% |
Living Trust Benefits
- One-time cost: $400-$5,000
- No court involvement
- No statutory fees
- No bonds required
- Distribution in 2-4 weeks
- Complete privacy
- Family keeps 100% of assets
- Works if you become incapacitated
- Easy to update
- Avoids out-of-state probate
Probate Drawbacks
- Costs $35,000-$210,000+
- Court supervised process
- Statutory fees mandated by law
- Bond costs $2,000-$12,000+
- Takes 12-24 months minimum
- Public record (anyone can see)
- Family loses 8-12% of estate
- No incapacity planning
- Will contests common
- Separate probate in each state
Time Comparison
Probate Timeline:
- Simple estate: 12-18 months minimum
- Estate with property sale: 18-24 months
- Estate with disputes: 24-36+ months
- Complex estate: 2-4 years
Living Trust Timeline:
- Simple estate: 2-4 weeks
- Estate with property sale: 4-8 weeks (just closing time)
- Estate with disputes: Resolved per trust terms
- Complex estate: 4-12 weeks
A living trust saves 11-17 months of waiting
How to Avoid Probate Fees Completely
The good news: California probate fees are 100% avoidable with proper estate planning. Here are the most effective strategies:
1. Living Trust (Best Solution for Most People)
A revocable living trust is the most comprehensive and reliable way to avoid probate in California. Learn more about how to avoid probate in California.
Why Living Trusts Work
- Assets aren't in your name: Trust owns your assets, so nothing goes through probate
- Immediate distribution: Successor trustee distributes assets in weeks, not months
- Complete privacy: Trust documents remain private (not filed with court)
- Incapacity planning: Works if you become disabled or incompetent
- Out-of-state property: One trust avoids probate in all states
- You maintain control: Revocable - you can change or cancel anytime
Living Trust Costs vs. Probate Savings:
| Service | Cost | Time to Create |
|---|---|---|
| Online service (attorney reviewed) | $400-$500 | 30-60 minutes |
| Simple estate attorney | $2,000-$3,000 | 3-4 weeks |
| Complex estate attorney | $4,000-$8,000 | 4-8 weeks |
Best for: Anyone with assets over $208,000 (California's probate threshold), homeowners, families who want privacy and speed, people with out-of-state property.
2. Joint Tenancy with Right of Survivorship
Property held in joint tenancy automatically passes to the surviving owner(s) without probate.
- Cost: Free to set up
- Pros: Immediate transfer, simple, no probate
- Cons: Only works for 2+ owners, exposes assets to co-owner's creditors, gift tax issues, no incapacity planning, still requires probate when last owner dies
- Best for: Married couples as a temporary solution only
3. Beneficiary Designations
Many assets allow you to name beneficiaries who receive the assets automatically upon your death.
- Works for: Life insurance, retirement accounts (401k, IRA), bank accounts (POD), investment accounts (TOD), vehicles (TOD)
- Cost: Free
- Pros: Simple, immediate transfer, no probate
- Cons: Doesn't work for real estate (except TOD deed), can cause unequal distribution, no incapacity planning, minor children can't inherit directly
- Best for: Supplementing a living trust, not as primary estate plan
4. Transfer-on-Death (TOD) Deed for Real Estate
California allows TOD deeds (also called beneficiary deeds) for real property.
- Cost: $50-$200 (recording fees + preparation)
- Pros: Avoids probate for real estate, revocable, you keep control during life
- Cons: Only works in California (not all states allow TOD deeds), doesn't avoid incapacity issues, no backup plan if beneficiary predeceases you, may complicate title for beneficiary
- Best for: Single property owners with simple situations - but living trust is still better
5. Small Estate Procedures
If your estate is under $208,000 (2025 threshold), heirs can use simplified procedures to avoid full probate.
- Cost: Minimal ($100-$500 in fees)
- Pros: Much cheaper and faster than full probate
- Cons: Only works for small estates, still requires waiting period (40 days), doesn't work for real estate over $61,500
- Best for: Very small estates with minimal assets
Living Trust is the Gold Standard
While other methods can help avoid probate for specific assets, only a living trust provides comprehensive protection for all your assets, including:
- Real estate (any value, any state)
- Bank accounts and investments
- Business interests
- Personal property
- Future assets you acquire
A living trust also provides incapacity planning - if you become disabled, your successor trustee can manage everything without court-appointed conservatorship (which costs $10,000-$50,000+).
Create Your California Living Trust Today
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Frequently Asked Questions About California Probate Fees
How much are probate fees in California?
California probate fees are based on a statutory fee schedule. For a $500,000 estate, the attorney receives $13,000 and the executor receives $13,000, totaling $26,000 in statutory fees alone. Add court filing fees ($435-515), publication costs ($200-400), bond costs (1-2% of estate value), and other expenses, and total probate costs typically range from $28,000-$35,000 for a $500,000 estate.
What is the California statutory probate fee schedule?
California Probate Code Section 10810 establishes statutory fees: 4% on first $100,000, 3% on next $100,000, 2% on next $800,000, 1% on next $9 million, and 0.5% on amounts over $10 million. Both the attorney and executor each receive these fees. For example, a $1 million estate: $23,000 for attorney + $23,000 for executor = $46,000 in statutory fees alone.
Can probate fees be avoided in California?
Yes, probate fees can be completely avoided by creating a living trust. When your assets are in a living trust, they pass directly to beneficiaries without probate court involvement, eliminating the $26,000-$206,000+ in statutory fees. A living trust costs $400-$500 online or $2,000-$5,000 with an attorney - a fraction of probate costs. Read our guide: How to Avoid Probate in California.
How long does probate take in California?
Probate in California typically takes 12-18 months, but can extend to 2-3 years for complex estates or if there are disputes. During this time, assets are frozen and beneficiaries cannot access their inheritance. A living trust allows distribution in 2-4 weeks after death, saving 11-17 months of delays. Learn more: California Probate Process 2025.
Are probate fees tax deductible in California?
Yes, probate fees (attorney fees, executor fees, court costs, appraisal fees) are deductible on the estate's final income tax return (Form 1041). However, this provides minimal benefit - you're still paying $26,000+ in fees to save perhaps $5,000-8,000 in taxes. It's far better to avoid probate entirely with a living trust.
Can I negotiate probate attorney fees in California?
No, statutory fees under Probate Code Section 10810 are set by law and cannot be negotiated down. However, you CAN negotiate extraordinary fees for additional services like property sales or litigation. The only way to avoid these statutory fees entirely is to avoid probate through a living trust.
Does the executor have to take the statutory fee?
No, executors can waive their fee if they choose. This is common when a family member serves as executor and is also a beneficiary. However, the attorney statutory fee cannot be waived - attorneys will always take their fee. If the executor waives their fee, you save $13,000-$33,000 on a typical estate.
What if I can't afford probate fees?
Probate fees are paid from the estate assets before distribution to beneficiaries - you don't pay them personally. However, these fees reduce what your family inherits by 8-12%. The solution is to avoid probate entirely with a $400-500 living trust, saving your family $25,000-$200,000+ in fees they would otherwise never see.
How much does a probate bond cost in California?
Probate bonds typically cost 0.5-1.5% of the estate value annually. For a $500,000 estate, expect to pay $2,500-$7,500 per year. Since probate takes 12-24 months, total bond costs are $2,500-$15,000 depending on estate size and duration. Bonds can be waived if the will specifically states "no bond required."
What are extraordinary probate fees?
Extraordinary fees are additional fees (beyond statutory fees) that attorneys and executors can request for services like selling real estate (1-3% of sale price), managing a business, litigation, or tax disputes. These fees must be approved by the court and can add $5,000-$100,000+ to probate costs. For example, selling a $600,000 home adds $6,000-$18,000 in attorney extraordinary fees alone.
How much does probate cost for a $1 million estate?
A $1 million California estate pays approximately $65,000-$100,000 in total probate costs: $46,000 in statutory fees ($23,000 attorney + $23,000 executor), plus $6,000-$8,000 for bonds, $5,000-$10,000 for appraisals and accounting, $15,000-$30,000 for property maintenance and taxes during probate, and $3,000-$6,000 for court costs and miscellaneous expenses.
Is probate more expensive in California than other states?
Yes, California has one of the most expensive probate processes in the nation due to statutory fees set by law. Most states allow attorneys to charge "reasonable" fees (typically 3-5% of estate), but California mandates fees that can reach 8-12% of gross estate value when you include executor fees and other costs. This makes avoiding probate even more critical in California.
Related Articles You Should Read
How to Avoid Probate in California
7 proven strategies to avoid probate and save $26,000-$206,000
California Probate Process 2025
Complete step-by-step guide to California probate timeline
Living Trust Cost California 2025
Complete price guide: $400-$500 online vs $2,000-$5,000 attorney
Last Updated: January 2025
Attorney: Rozsa Gyene, State Bar #208356
Service Area: California (all counties)
Disclaimer: This article provides general information about California probate fees. Actual costs may vary based on estate complexity and location. Consult with an attorney for advice specific to your situation. Probate fees are subject to change by California legislature.
