Estate Value
Enter the gross fair-market value of all assets that would go through probate (home, accounts, vehicles, etc.). Don't subtract debts.
Estimated Probate Costs
Note: Statutory fees apply only to assets going through probate. Assets in a properly funded living trust, with valid beneficiary designations (life insurance, retirement), or held in joint tenancy generally avoid probate entirely.
How California Probate Fees Are Calculated
California is one of a handful of states where probate attorney and executor fees are set by statute rather than negotiated. Probate Code §10810 establishes the attorney fee schedule, and §10800 sets an identical schedule for the personal representative (the executor or administrator). Both fees are paid out of the probate estate, so for most estates the schedule effectively applies twice.
Fees are tiered. The percentage drops as the estate gets larger, but because larger estates start with the higher-percentage tiers already maxed out, total fees grow with estate value — just at a slower rate.
What Counts Toward the Estate Value?
Statutory fees are calculated on the gross value of the probate estate, not the net value after debts. If the decedent's home is worth $900,000 with a $400,000 mortgage, the fee schedule applies to the full $900,000 — not the $500,000 of equity.
Several categories of assets are excluded from the probate estate (and therefore from the fee calculation) because they pass outside probate:
- Assets titled in the name of a properly funded revocable living trust
- Retirement accounts (IRA, 401(k), 403(b)) with named beneficiaries
- Life insurance proceeds with named beneficiaries
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
- Real estate held in joint tenancy with right of survivorship
- Real estate covered by a recorded transfer-on-death deed (Probate Code §5600)
This is why funding a living trust matters more than simply having one. A trust document with no assets retitled into it still leaves those assets in the probate estate.
Statutory Fee Schedule (§10810)
| Estate Value Tier | Percentage | Maximum Fee at This Tier | Cumulative Max Fee |
|---|---|---|---|
| First $100,000 | 4% | $4,000 | $4,000 |
| Next $100,000 ($100K–$200K) | 3% | $3,000 | $7,000 |
| Next $800,000 ($200K–$1M) | 2% | $16,000 | $23,000 |
| Next $9,000,000 ($1M–$10M) | 1% | $90,000 | $113,000 |
| Next $15,000,000 ($10M–$25M) | 0.5% | $75,000 | $188,000 |
| Above $25,000,000 | Court determines a "reasonable" fee on the excess | ||
The cumulative max fee is the maximum statutory fee for one role (attorney or executor). Both roles are paid the schedule, so the typical bill to an estate is roughly double the cumulative max.
Common California Probate Fee Examples
| Gross Estate | Attorney Fee | Executor Fee | Combined Statutory Total |
|---|---|---|---|
| $100,000 | $4,000 | $4,000 | $8,000 |
| $250,000 | $8,000 | $8,000 | $16,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $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 |
| $5,000,000 | $63,000 | $63,000 | $126,000 |
How to Avoid California Probate Fees
The cleanest way to keep statutory fees off the bill is a properly funded revocable living trust. Assets retitled into the trust pass to beneficiaries privately, in weeks rather than 12–24 months, and without paying §10810/§10800 fees on either side of the schedule.
Other partial tools:
- Beneficiary designations on retirement and life-insurance accounts
- POD / TOD designations on bank and brokerage accounts
- Joint tenancy with right of survivorship for real estate (with caveats — see Prop 19)
- Transfer-on-death deeds for California real estate (§5600)
None of these alone covers a typical California homeowner's estate. A living trust is the only tool that handles real estate, financial accounts, business interests, and personal property in a single instrument while keeping the decedent in control during life.
Statutory Fees vs. Extraordinary Fees
The §10810 schedule covers ordinary probate services: filing the petition, giving notice to creditors, inventorying assets, paying debts, and distributing what's left. Extraordinary fees under §10811 are billed on top of the statutory schedule for unusual services, including:
- Selling probate real estate
- Preparing estate or income tax returns
- Defending will contests or fiduciary surcharge actions
- Litigating creditor claims
- Operating a business owned by the estate
Extraordinary fees are typically billed at the attorney's hourly rate and require court approval. Contested probates routinely double or triple the total cost compared to a routine probate.
Other Probate Costs
Beyond the statutory attorney and executor fees, a typical California probate also pays:
- Court filing fees: approximately $435 to file the petition and another ~$435 for the petition for final distribution. Smaller miscellaneous filing fees apply along the way.
- Probate referee fees: 0.1% of the appraised value of non-cash assets (set by Probate Code §8961), paid to a court-appointed appraiser. A statutory minimum of $75 and maximum of $10,000 apply under Probate Code §8963.
- Publication fees: approximately $200–$500 for required newspaper notice to creditors.
- Bond premiums: several hundred to several thousand dollars annually if the will doesn't waive bond.
- Certified copies, recording fees, and miscellaneous costs: typically $100–$500.
Frequently Asked Questions
How much does probate cost in California in 2026?
For a $500,000 estate, expect about $26,000 in combined statutory attorney and executor fees, before adding court costs. A $1,000,000 estate runs about $46,000; a $2,000,000 estate runs about $66,000. Use the calculator above for any estate value up to $25 million.
What is California Probate Code §10810?
§10810 sets the statutory fee schedule for the probate attorney: 4% / 3% / 2% / 1% / 0.5% across tiers up to $25 million. §10800 sets the same schedule for the personal representative. Both fees come out of the probate estate.
Do attorneys and executors really get the same fee?
Yes. Each is entitled to the full statutory schedule under §10810 (attorney) and §10800 (executor). An executor who is also a beneficiary often waives their fee to avoid taxable income; the attorney fee is rarely waived in practice.
Can I avoid California probate fees?
Yes — a properly funded revocable living trust avoids probate entirely on assets titled in the trust. Beneficiary designations, POD/TOD accounts, joint tenancy, and transfer-on-death deeds also bypass probate, but none alone covers a typical California homeowner.
What is the small estate affidavit threshold in California for 2026?
$208,850 — effective April 1, 2025, under Probate Code §13100. The threshold is adjusted for CPI every three years under Probate Code §890; the next scheduled adjustment is April 1, 2028. Estates at or below the threshold can transfer personal property without formal probate. Real estate has a separate procedure with its own value cap.
Are California probate fees negotiable?
The §10810 schedule is a statutory maximum, so an attorney could agree to charge less — most don't. The executor's fee under §10800 is commonly waived when the executor is also a beneficiary. Court filing fees and probate referee fees are set by statute and not negotiable.
What is the gross value of an estate?
Fair market value of probate assets without deducting debts. A $900,000 home with a $400,000 mortgage is valued at $900,000 for fee purposes. Assets that pass outside probate (trust, retirement, life insurance, POD/TOD, joint tenancy) are excluded.
What are extraordinary probate fees?
Fees billed on top of statutory fees under §10811 for unusual work — real-estate sales, tax returns, will contests, creditor litigation, or operating a business. Typically hourly and require court approval. Contested probates often double total cost.