Quick Answer
California sets probate attorney and executor fees by statute. Under Probate Code §10810 (attorney) and §10800 (executor), each is paid 4% of the first $100,000 of the gross estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000 and 0.5% of the next $15,000,000. On a $500,000 estate that is $13,000 to the attorney and $13,000 to the executor, $26,000 together. Court costs come on top: $435 to open the case ($450 in Riverside and San Francisco counties), the probate referee's 0.1% (§8961), newspaper publication, any bond premium, and any extraordinary fees the court approves.
Key Takeaways
- The attorney and the executor each get the same statutory percentage, so the ordinary fees double: $26,000 on $500,000, $46,000 on $1,000,000, $66,000 on $2,000,000.
- The fee base is gross. Mortgages and other debts are not subtracted (§10810(b)), and gains on sales and receipts such as rent are added.
- Anything above the schedule needs a court order for extraordinary services (§10801, §10811, Rules of Court 7.702 and 7.703). A private agreement for a higher fee is void (§10803, §10813).
- The probate referee takes 0.1% of the non cash assets the referee appraises, at least $75 and at most $10,000 unless the court allows more (§8961, §8963).
- No fee may be paid before the court orders it (Rule of Court 7.700). Partial fees can be requested four months after letters issue (§10830).
- These percentages apply only to the probate inventory. A home held in a funded living trust is outside it; here that costs a $400 trust plus $100 deed.
This page covers one thing: how California law sets the price of a probate, line by line, with the statute or rule behind each number. For the wider picture of what probate is, how long it takes and why families plan around it, see our California probate costs overview. To run your own numbers, use the probate cost calculator.
The statutory fee schedule (§10800 and §10810)
For ordinary services, Probate Code §10810(a) sets the compensation of the attorney for the personal representative, and §10800(a) sets the compensation of the personal representative (the executor, or the administrator when there is no will). The two schedules are identical:
| Portion of the estate | Rate | Fee on a full tier | Running total for one side |
|---|---|---|---|
| First $100,000 | 4% | $4,000 | $4,000 at $100,000 |
| Next $100,000 | 3% | $3,000 | $7,000 at $200,000 |
| Next $800,000 | 2% | $16,000 | $23,000 at $1,000,000 |
| Next $9,000,000 | 1% | $90,000 | $113,000 at $10,000,000 |
| Next $15,000,000 | 0.5% | $75,000 | $188,000 at $25,000,000 |
| Above $25,000,000 | Set by the court | A reasonable amount | Court decides |
The running total column is the fee for one side. Because the executor and the attorney each have a schedule, the ordinary fees for a whole estate are twice that column. Neither fee goes to the court. Both are paid out of the estate to the people who did the work, and both are subject to a court order before payment.
Two points the statute itself settles. The fee is "for ordinary services", so anything the court treats as extraordinary is billed separately (see below). And the schedule is a ceiling for agreements: an agreement for higher pay than the statute allows is void (§10803 for the executor, §10813 for the attorney). Nothing in the statute forbids a lower fee.
What the percentages are applied to
Section 10810(b) defines the base as "the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property." Section 10800(b) says the same for the executor. California Rules of Court, rule 7.705 requires the fee petition to show the math in that order:
- Inventory and appraisal
- Every probate asset at its appraised value as of death. Real estate counts at full value; the mortgage is ignored.
- Plus receipts
- Income the estate collects while open, such as rent, dividends and interest (rule 7.705 says receipts excluding principal).
- Plus gains on sales
- If an asset sells for more than its inventory value, the difference is added.
- Less losses on sales
- If an asset sells for less than its inventory value, the difference is subtracted.
- Equals the fee base
- The schedule above is applied to this number, once for the executor and once for the attorney.
What is not in the base: anything that is not in the probate inventory. Property already titled in a living trust, joint tenancy property, and accounts or policies with a living beneficiary pass outside probate, so the percentages never touch them. That is why two estates of the same size can produce very different probate fees.
The gross base is the rule that surprises families most. If the decedent owned a $900,000 house with a $600,000 loan, the fee is figured on $900,000, not on the $300,000 of equity. Example 2 below works through it.
Statutory fees at common estate values
Each figure below comes from applying the §10810 tiers to the fee base. The referee column assumes every asset is one the referee appraises (real estate, securities, vehicles); cash and bank accounts would lower it.
| Fee base (gross) | Attorney (§10810) | Executor (§10800) | Both together | Referee at 0.1% (§8961) |
|---|---|---|---|---|
| $150,000 | $5,500 | $5,500 | $11,000 | $150 |
| $300,000 | $9,000 | $9,000 | $18,000 | $300 |
| $500,000 | $13,000 | $13,000 | $26,000 | $500 |
| $750,000 | $18,000 | $18,000 | $36,000 | $750 |
| $1,000,000 | $23,000 | $23,000 | $46,000 | $1,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 | $1,500 |
| $2,000,000 | $33,000 | $33,000 | $66,000 | $2,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 | $3,000 |
| $12,000,000 | $123,000 | $123,000 | $246,000 | $10,000 (cap, §8963) |
How the $750,000 line is built: 4% of $100,000 is $4,000; 3% of the next $100,000 is $3,000; 2% of the remaining $550,000 is $11,000. That is $18,000 for the attorney and the same for the executor. The calculator does this for any value: Open the probate cost calculator
Who is paid, and when a will changes it
- One fee per side, however many people do the work. Rule 7.704 says there is one statutory commission for the personal representative and one statutory fee for the attorney, regardless of how many executors or attorneys serve. Co-executors split one commission (§10805), and successive or co-counsel split one attorney fee (§10814), by agreement or by the court according to the services each performed.
- An executor who is also a lawyer. The executor fee is allowed, but no attorney fee for the same estate unless the court approves it in advance and finds it is to the advantage of the estate (§10804, Rule 7.706). This applies even if the will says otherwise.
- A will that sets the pay. If the will provides for the executor's compensation, that provision is the full and only compensation (§10802), and the same is true for a will provision on the attorney's pay (§10812). Either may petition to be relieved of the provision, and the court may allow more if it is to the advantage of the estate.
- Tax help. The executor may hire tax counsel, accountants and auditors for tax returns and tax disputes and pay them from the estate (§10801(b)). Those bills are expenses of administration, separate from the statutory fees.
Extraordinary fees (§10801, §10811, Rule 7.703)
The schedule pays for ordinary administration: opening the case, collecting assets, the inventory, handling creditor claims and distributing the estate. Work beyond that can be paid as extraordinary compensation in an amount the court "determines is just and reasonable" (§10801(a) for the executor, §10811(a) for the attorney). The award is discretionary, and the court may take the statutory fee into account when it sets it (Rule 7.703(a)).
What qualifies
Rule 7.703 lists examples. The lists are not exclusive.
| Executor (Rule 7.703(b)) | Attorney (Rule 7.703(c)) |
|---|---|
| Selling, leasing, exchanging, financing or foreclosing real or personal property | Legal services in connection with the sale of estate property |
| Carrying on the decedent's business if needed to preserve the estate or under court order | Securing a loan to pay estate debts |
| Preparing tax returns | Litigation to benefit or protect the estate; defense of the executor's account |
| Handling audits or litigation over the decedent's or the estate's taxes | Defense of a will contest after admission to probate, and successful defense before admission |
| Successful defense of the executor in a removal proceeding; extraordinary efforts to locate assets; coordinating ancillary administration in another state |
How the court decides
Under Rule 7.702 the petition must include a statement of facts that shows the nature and difficulty of the tasks, the results achieved, the benefit to the estate, the amount requested for each category of service, each person's hourly rate and hours, and enough detail to show the time was productive. Paralegal time counts only if the petition describes the paralegal's qualifications and the hours spent (§10811(b), Rule 7.703(e)).
An attorney may take extraordinary work, such as litigation to recover an asset, on a contingent fee only if the agreement is in writing, complies with Business and Professions Code §6147, and is approved by the court as just, reasonable and in the best interests of the estate, ordinarily before the work starts (§10811(c), Rule 7.703(d)).
There is no statutory percentage for extraordinary work. Any figure you see quoted as "the" fee for selling a house in probate is someone's estimate, not the law. The beneficiaries receive notice of the fee petition and may object, and the court sets the amount.
The probate referee's commission (§8961)
Most non cash assets in a California probate are appraised by a probate referee rather than by the executor. The referee is paid from the estate:
- Rate. One tenth of one percent of the total value of the property the referee appraises, plus actual and necessary expenses, which the referee lists on the inventory (§8961).
- What is excluded. The executor, not the referee, appraises cash and checks, bank and credit union accounts, cash deposits and money market funds, and lump sum life insurance, retirement or annuity proceeds payable at death (§8901). Those values are left out of the commission. Stocks, bonds and other mutual funds go to the referee.
- Floor and ceiling. At least $75 and no more than $10,000 per estate. The court may allow more than $10,000 on the referee's application if the reasonable value of the services is higher (§8963).
So a $500,000 estate made up of a $450,000 house and a $50,000 savings account pays a referee commission of $450 (0.1% of the house), plus expenses. If a probate is opened for an estate whose only appraised asset is a $40,000 car, the referee receives the $75 minimum, not $40.
Court fees, publication and bond
Superior court filing fees (2026)
The Judicial Council's Statewide Civil Fee Schedule effective January 1, 2026 sets the probate fees. The item numbers below are from that schedule.
| Filing | Fee | Authority |
|---|---|---|
| First petition for letters testamentary or letters of administration | $435 ($450 in Riverside and San Francisco counties) | Gov. Code §70650(a); item 124 and the appendix |
| First objection to probate of a will, or petition to revoke probate | $435 ($450 in Riverside and San Francisco) | §70650(b); item 125 |
| Petition for special letters of administration (without general powers) | $200 | §70657.5(a)(3); item 127 |
| Petition after letters for an order on a sale, an account, or the compensation of the executor or attorney | $435 each | §70658(a); item 150 |
| Ex parte petition for discharge after court-ordered distribution | No fee | Item 157 |
| Certified copy of letters or any filed paper | $40 per certification, plus $0.50 per page for the copy | §70626(a)(4), §70627(a); items 187 and 189 |
| Lodging the original will with the court after death | $50, reimbursable from the estate if a probate is opened | Prob. Code §8200; §70626(d); item 169 |
Item 150 lists petitions after letters for orders settling an account and fixing compensation at $435, so expect that fee again when the final account and the request for fees (§10831) are filed. Each bank, brokerage or title company that holds an estate asset will usually ask for its own certified copy of the letters, so plan on several.
Where the case is heard does not change these fees except in Riverside and San Francisco. In Los Angeles County, probate cases are filed in the Central District, or in the North District when the decedent lived or the petitioner lives there (Los Angeles Superior Court Local Rule 2.3). Since February 2, 2026 the North District's Antelope Valley probate matters are also heard at the Stanley Mosk Courthouse, 111 N. Hill Street, downtown Los Angeles, so in practice almost every Los Angeles County probate hearing takes place there; see our Los Angeles living trust page for the county details, and our Riverside and San Francisco pages for the two $450 counties.
Newspaper publication (§8120, §8121)
Notice of the hearing on the petition must be published, in addition to mailed notice (§8120). The first publication must be at least 15 days before the hearing, and three publications in a newspaper published at least weekly, with at least five days between the first and last, are sufficient (§8121(a)). The newspaper must be one of general circulation in the city where the decedent lived, or in the county if there is no such paper (§8121(b)). The newspaper, not the court, sets the price, and it varies with the paper and the length of the notice, so ask the paper for a quote before filing.
Probate bond (§8480 to §8486)
Before letters issue, the executor must post a bond approved by the court unless the will waives it or every beneficiary waives it in writing (§8480, §8481(a)). Even with a waiver, the court may require a bond for good cause (§8481(b)). The amount is up to the estimated value of the personal property, plus the probable annual gross income of the estate, plus the real property if independent administration is granted for it (§8482(a)); personal sureties must post twice the amount (§8482(c)). Before confirming a sale of real property the court must require whatever additional bond is proper, treating the expected sale proceeds as personal property (§8482(d)). The executor is allowed the reasonable cost of the bond for each year it stays in force (§8486), so the premium is an estate expense. Surety companies set premiums, so we give no rate here.
Worked examples
Each example uses the §10810 tiers, the referee rules in §8961 and §8901, and the 2026 filing fee. Publication, bond premiums and certified copies are left out because they depend on the newspaper, the surety and the number of copies ordered. Extraordinary fees are left out unless the example says otherwise, because the court sets them.
Example 1: $300,000 estate, rental condo and a bank account
A single parent dies owning a rental condo appraised at $280,000 and a $20,000 checking account, both in the parent's own name. The condo was not the parent's residence, so the §13151 primary residence petition is not available, and it is worth more than the $69,625 limit for the §13200 small real property affidavit. It goes through probate.
- Fee base: $300,000. Attorney: 4% of $100,000 ($4,000) plus 3% of $100,000 ($3,000) plus 2% of $100,000 ($2,000) = $9,000.
- Executor: $9,000. Together: $18,000.
- Referee: 0.1% of the $280,000 condo = $280 (the checking account is appraised by the executor under §8901).
- First petition: $435.
- Known total before publication, bond and copies: $18,715.
- If the condo collects $12,000 of rent while the estate is open, that is a receipt, the base becomes $312,000, and each side's fee rises by $240 (2% of $12,000).
Example 2: $1,000,000 estate with a $600,000 mortgage
The decedent owned a house appraised at $900,000 with a $600,000 loan, a $50,000 brokerage account of stocks, and a $50,000 savings account. The net worth is $400,000.
- Fee base: $1,000,000. The loan is not subtracted (§10810(b)).
- Attorney: $4,000 plus $3,000 plus 2% of $800,000 ($16,000) = $23,000. Executor: $23,000. Together: $46,000, which is 11.5% of the $400,000 net estate.
- Referee: 0.1% of $950,000 (house and stocks) = $950.
- First petition: $435.
- Known total before publication, bond and copies: $47,385.
Example 3: the same estate, and the house sells above its appraisal
The executor sells the Example 2 house for $60,000 more than its $900,000 inventory value.
- The $60,000 gain is added: fee base $1,060,000.
- Attorney: $23,000 plus 1% of $60,000 ($600) = $23,600. Executor: $23,600. Together: $47,200.
- The sale is also listed in Rule 7.703 as work that may earn extraordinary compensation for both the executor and the attorney. The court decides whether to award it and how much.
- If the court must confirm the sale, the petition is another $435 (item 150), and the court must set any additional bond it finds proper for the sale proceeds (§8482(d)).
Example 4: $3,000,000 estate, two properties and securities
- Attorney: $23,000 on the first $1,000,000 plus 1% of the next $2,000,000 ($20,000) = $43,000. Executor: $43,000. Together: $86,000.
- Referee: 0.1% of $3,000,000 = $3,000 if no cash items are included.
- First petition: $435. Known total: $89,435.
Example 5: $12,000,000 estate, where the referee cap applies
- Attorney: $113,000 on the first $10,000,000 plus 0.5% of the next $2,000,000 ($10,000) = $123,000. Executor: $123,000. Together: $246,000.
- Referee: 0.1% would be $12,000, but §8963 caps the commission at $10,000 unless the court allows more.
- The 2026 federal estate tax basic exclusion is $15,000,000 per person, so this estate is below it.
When the fees are paid
- Nothing before a court order. The executor may not pay or receive, and the attorney may not receive, statutory or extraordinary fees before the court authorizes them. The court can remove the executor and surcharge the amount with interest (Rule 7.700).
- Partial payment after four months. Four months after letters issue, the executor or attorney may petition for an allowance on account of the statutory fee (§10830). Rule 7.701 requires the allowance to be low enough to avoid overpayment and in proportion to the work actually done.
- The balance at the end. The court fixes the full compensation when it hears the final account or petition for final distribution, less anything already paid (§10831).
- Paid before heirs and most creditors. If the estate cannot pay everything, expenses of administration, which include these fees and costs, are the first class of debts under §11420, ahead of funeral expenses and general creditors.
- Delay can cost the fee. The executor must petition for final distribution or file a status report within one year after letters issue, or 18 months if a federal estate tax return is required (§12200). If the delay was within the control of the executor or attorney and not in the estate's interest, the court may reduce their compensation (§12205).
For the court steps between opening the case and final distribution, see our California probate process guide and the post on getting letters testamentary.
Lower fees, waivers and taxes
Lower fees. The statute voids agreements for more than the schedule, not for less. An attorney may agree to less than the statutory fee, and an executor may waive the commission.
Why a family executor might waive. IRS Publication 559 states that personal representatives must include fees paid to them from an estate in their gross income; a non professional executor reports them as other income. An executor who would inherit the same money anyway may come out ahead by waiving the commission. Talk to a tax adviser before deciding.
The estate's deduction. Probate fees and costs are expenses of administration. They can be deducted on the federal estate tax return (Form 706) or on the estate's income tax return (Form 1041), but not on both (IRS Publication 559; Internal Revenue Code §642(g)).
Smaller estates. If the estate qualifies for a simplified procedure, none of these statutory percentages apply. For deaths on or after April 1, 2025, that includes collecting personal property by affidavit when the decedent's California property, apart from the items the statute excludes, totals no more than $208,850 (§13100) and a primary residence up to $750,000 transferred by court petition (§13151). The rules are in our small estate affidavit guide.
Planning ahead. The fees on this page apply to what is in the probate inventory. Ways to keep assets out of it are compared in how to avoid probate in California. Our attorney-prepared living trust is $400 for one person and $500 for a married couple, and keeping a California home out of probate takes the $400 trust plus a $100 deed.
Frequently Asked Questions About California Probate Fees
How much are probate fees in California in 2026?
The attorney and the executor are each entitled to a statutory fee under Probate Code §10810 and §10800: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000 and 0.5% of the next $15,000,000. On a $500,000 estate that is $13,000 each, or $26,000 together. Court costs are separate: $435 to file the first petition ($450 in Riverside and San Francisco counties), the probate referee's commission of one tenth of one percent, newspaper publication, any bond premium, and any extraordinary fees the court allows.
Are California probate fees based on the gross or the net value of the estate?
Gross. Under §10800(b) and §10810(b) the fee base is the appraised value of the property in the inventory, plus gains over appraisal value on sales, plus receipts, less losses on sales, without reference to encumbrances. A house appraised at $900,000 with a $600,000 mortgage counts as $900,000.
Can a probate attorney or executor charge more than the statutory fee?
Not by agreement. An agreement between the executor and the attorney for higher attorney compensation is void (§10813), and so is an agreement between the executor and an heir or beneficiary for higher executor compensation (§10803). The only way to receive more is a court order for extraordinary services under §10801 or §10811, which the court grants in an amount it finds just and reasonable.
What counts as extraordinary services in a California probate?
California Rules of Court, rule 7.703 gives examples. For the executor: selling, leasing, exchanging, financing or foreclosing property, carrying on the decedent's business, preparing tax returns, and handling tax audits or litigation. For the attorney: legal work on a sale of estate property, securing a loan to pay estate debts, litigation for the estate, defending the executor's account, defending a will contest, extraordinary efforts to locate assets, and coordinating ancillary administration. The petition must show the hours, hourly rates, results and benefit to the estate (rule 7.702).
How much does the probate referee charge?
One tenth of one percent of the value of the property the referee appraises, plus actual and necessary expenses (Probate Code §8961). Cash, bank accounts, money market funds and lump sum insurance or retirement proceeds are appraised by the executor under §8901 and are left out of the referee's commission. The commission is at least $75 and no more than $10,000 per estate unless the court allows more (§8963).
When are probate attorney and executor fees paid?
Only after a court order. Rule 7.700 of the California Rules of Court bars paying or receiving statutory or extraordinary fees in advance of an order authorizing them. Starting four months after letters are issued, the executor or attorney may ask for a partial allowance on account (§10830). The final amount is fixed when the final account or petition for final distribution is heard (§10831).
Can the executor waive the statutory fee, and is it taxable?
Yes, an executor may waive the fee, and the statute does not prevent the attorney from agreeing to less. Fees an executor does take are income: IRS Publication 559 says personal representatives must include fees paid to them from an estate in gross income. The estate can deduct administration expenses on the estate tax return (Form 706) or the estate income tax return (Form 1041), but not on both (Internal Revenue Code §642(g)).
Does a living trust avoid California probate fees?
For the assets it holds, yes. The statutory fees are figured on the probate inventory, and property titled in a funded living trust is not part of it. Assets left outside the trust in the decedent's name alone can still require probate, and the fees are then figured on those assets.
Sources
Checked October 6, 2026. Statute text was read at California.Public.Law, which reproduces the official leginfo text; the links below go to the official sources.
- Probate Code §10810 (attorney compensation)
- Probate Code §10800 (personal representative compensation)
- Probate Code §10801 (extraordinary services, personal representative)
- Probate Code §10811 (extraordinary services, attorney)
- Probate Code §§10802 to 10805 (will provisions, void agreements, attorney as executor, co-executors)
- Probate Code §§10812 to 10814 (will provisions and void agreements for attorney compensation)
- Probate Code §10830 and §10831 (allowance on account; final compensation)
- Probate Code §8961 and §8963 (probate referee commission, minimum and maximum)
- Probate Code §8901 (assets the personal representative appraises)
- Probate Code §8120 and §8121 (publication of notice)
- Probate Code §§8480 to 8486 (bond)
- Probate Code §11420 (order of payment of debts)
- Probate Code §12200 and §12205 (time to close; reduced compensation for delay)
- Probate Code §8200 (delivering the will to the court)
- California Rules of Court, rule 7.700 (no compensation in advance of court order)
- California Rules of Court, rule 7.701 (allowance on account)
- California Rules of Court, rule 7.702 (petition for extraordinary compensation)
- California Rules of Court, rule 7.703 (extraordinary compensation)
- California Rules of Court, rule 7.704 (apportionment of statutory compensation)
- California Rules of Court, rule 7.705 (calculation of statutory compensation)
- California Rules of Court, rule 7.706 (personal representative who is an attorney)
- Statewide Civil Fee Schedule effective January 1, 2026 (items 124 to 157, 169, 187, 189 and the appendix), Judicial Council of California
- Government Code §70650 (first petition for letters; objections)
- Government Code §70627 (copies, $0.50 per page)
- Government Code §70658 (petitions filed after letters)
- Government Code §70626 (certification and will delivery fees)
- Maximum amounts for summary succession procedures (adjusted April 1, 2025), Judicial Council of California
- Los Angeles Superior Court Local Rules, Chapter 2 (Rule 2.3, probate filed in the Central District)
- Los Angeles Superior Court, probate operations at the Antelope Valley Courthouse (news release, February 18, 2026)
- IRS Publication 559, Survivors, Executors, and Administrators
- 26 U.S.C. §642(g), disallowance of double deductions (Cornell LII)
- What's new, estate and gift tax ($15,000,000 basic exclusion for 2026), IRS
This article is general information about California probate fees, not legal advice for a particular estate. Fees and court rules change; confirm current amounts with the court before filing.
