How This Is Calculated
The calculator adds the gross value of the home, the other assets and the cash. It does not subtract a mortgage or other debts, because the statutory fees are figured without reference to encumbrances. It then applies these rules:
- Attorney fee: 4% of the first $100,000, 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 (Probate Code §10810). Above $25,000,000 the court sets a reasonable amount, so the calculator stops there.
- Executor fee: the same schedule on the same value (Probate Code §10800).
- Probate referee commission: one tenth of one percent of the property the referee appraises, plus the referee's expenses (Probate Code §8961). Cash, bank accounts and money market funds are appraised by the executor and are left out (Probate Code §8901). The commission is at least $75 and at most $10,000 unless the court allows more (Probate Code §8963).
- Court filing fee for the petition for probate: $435, or $450 in Riverside and San Francisco counties because of a local courthouse construction surcharge (Judicial Council Statewide Civil Fee Schedule, January 1, 2026, line 124). With no county selected the calculator uses $435.
- Court filing fee for the petition for final distribution: $435 in every county (same fee schedule, line 150). After letters issue, a petition asking the court to settle an account or to fix the attorney's or executor's compensation carries this fee (Government Code §70658), and the petition for final distribution usually asks for both (Probate Code §10831). Line 150 has no local surcharge.
- Newspaper notice: the notice of the petition is published three times in a local newspaper (Probate Code §8121). Each newspaper sets its own price, so the calculator shows it as varying and leaves it out of the total.
- Instead: our $400 trust for one person ($500 for a married couple) plus $100 for the deed that moves the home into the trust. With no home entered, the comparison uses the $400 trust alone.
The total does not include bond premiums, extraordinary fees (Probate Code §10811 and Probate Code §10801), the referee's expenses, certified copies or later petitions such as one to sell real estate. Home values offered for each city are the typical home values shown on our city pages, from the Zillow Home Value Index for the month named next to the value.
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 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.
Assets that pass outside probate are not part of the probate estate, so they are not part of the fee calculation:
- Assets titled in the name of a funded revocable living trust
- Retirement accounts (IRA, 401(k), 403(b)) with named beneficiaries
- Life insurance with named beneficiaries
- Payable on death (POD) and transfer on death (TOD) accounts
- Property held in joint tenancy, when a joint tenant survives
- Real estate covered by a recorded revocable transfer on death deed (Probate Code §5614 and the sections that follow it)
This is why funding a living trust matters as much as signing it. A trust with no assets retitled into it still leaves those assets in the probate estate.
Statutory Fee Schedule (§10810)
The cumulative figure is the fee for one role, the attorney or the executor. Both are paid on the same schedule, so the statutory fees charged to the estate are usually double that figure.
Common California Probate Fee Examples
These are the statutory fees only. The calculator above adds the referee's commission and the court filing fees.
How to Avoid California Probate Fees
The most complete way to keep statutory fees off the bill is a funded revocable living trust. Assets retitled into the trust pass to the beneficiaries through the successor trustee, without a court case and without the §10810 and §10800 fees.
Other tools cover one asset at a time:
- Beneficiary designations on retirement accounts and life insurance
- Payable on death and transfer on death designations on bank and brokerage accounts
- Joint tenancy, which avoids probate only at the first death; the survivor's estate can still need probate
- Revocable transfer on death deeds for California real estate
None of these alone covers a typical California homeowner's estate. A living trust holds real estate, accounts, business interests and personal property in one document, and you keep control of everything during your life.
Other Probate Costs
Beyond the statutory attorney and executor fees, a California probate usually pays:
- Court filing fees: $435 for the petition for probate ($450 in Riverside and San Francisco counties) and $435 for the petition for final distribution. Other petitions during the case, such as one to sell real estate, carry their own fees.
- Probate referee commission: one tenth of one percent of the non-cash assets the referee appraises (Probate Code §8961), at least $75 and at most $10,000 unless the court allows more (Probate Code §8963), plus the referee's expenses.
- Newspaper notice: three publications of the notice of the petition (Probate Code §8121). The price is set by the newspaper.
- Bond premiums: paid from the estate when the personal representative has to post a bond. No bond is required when the will waives it, or when all the beneficiaries waive it in writing and the waivers are attached to the petition (unless the will requires a bond) (Probate Code §8481(a)). Even with a waiver, the court can still require a bond for good cause, on the request of any interested person or on its own motion (§8481(b)).
- Certified copies, recording fees and other costs along the way.
Frequently Asked Questions
How much does probate cost in California in 2026?
For a $500,000 estate, the statutory attorney fee and executor fee under Probate Code §10810 and §10800 come to $26,000 together. A $1,000,000 estate comes to $46,000 and a $2,000,000 estate to $66,000. Court filing fees, the probate referee's commission, newspaper notice and any extraordinary fees are added on top. The fees are figured on the gross value of the estate, not the value after debts.
What is California Probate Code §10810?
Probate Code §10810 sets the attorney's fee for ordinary probate work: 4% of the first $100,000, 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. Above $25,000,000 the court sets a reasonable amount. Probate Code §10800 gives the executor the same schedule.
Do attorneys and executors really get the same fee?
Yes. The attorney's fee under §10810 and the executor's fee under §10800 use the same percentages on the same estate value, and both are paid from the estate. Executor fees are taxable income to the executor, while an inheritance generally is not, so an executor who also inherits sometimes waives the fee.
Can I avoid California probate fees?
Yes, for the assets you plan for. Property held in a funded revocable living trust passes to your beneficiaries without probate, so no statutory attorney or executor fee is charged on it. Beneficiary designations on retirement accounts and life insurance, payable on death bank accounts, joint tenancy and a transfer on death deed also pass property outside probate. Anything left in your own name at death can still end up in probate, so the trust has to be funded.
What is the small estate affidavit threshold in California for 2026?
For deaths on or after April 1, 2025, it is $208,850 under Probate Code §13100. If the property that would otherwise go through probate is worth that much or less, the heirs can usually collect the personal property with a signed affidavit at least 40 days after the death. For those deaths, a primary residence worth up to $750,000 can pass by a court petition under Probate Code §13151 instead of a full probate. These amounts are adjusted every three years under Probate Code §890; the next adjustment is April 1, 2028.
Are California probate fees negotiable?
The statutory schedule is the most the attorney can receive for ordinary services. Probate Code §10813 makes an agreement for a higher fee void, and an attorney may agree to take less. The executor may waive the executor fee. Court filing fees are set by statute, and the referee's commission follows Probate Code §8961 and §8963.
What is the gross value of an estate?
It is the value of the probate assets without subtracting debts. A $900,000 home with a $400,000 mortgage counts as $900,000 for the fee. Under §10810 the value also includes gains on sales and receipts during the probate, less losses on sales. Assets that pass outside probate, such as trust assets, retirement accounts and life insurance with named beneficiaries, payable on death accounts and joint tenancy property, are not counted.
What are extraordinary probate fees?
Extraordinary fees are paid on top of the statutory fee for work beyond ordinary administration, such as selling real estate, tax work, litigation over the will or creditor claims, or running a business the estate owns. The court must approve them and allows the amount it finds just and reasonable under Probate Code §10811 for the attorney and §10801 for the executor. California Rules of Court, rule 7.703, lists more examples.
