Calculate your potential probate fees under CA Probate Code Section 10810
By Rozsa Gyene, Estate Planning Attorney | CA State Bar #208356
Enter the total GROSS value of all assets (home value, bank accounts, investments, vehicles, etc.)
Your potential savings:
That's a 6,791% return on investment!
Under California Probate Code Section 10810, statutory fees are calculated on the gross value of the estate — not the net value after debts. If your home is worth $800,000 but you owe $400,000 on the mortgage, probate fees are still calculated on the full $800,000.
California probate fees are set by statute under Probate Code Section 10810. Both the attorney AND the executor are entitled to these fees, meaning your estate pays the fee schedule TWICE.
| Estate Value | Fee Percentage | Attorney Fee | Executor Fee | Combined |
|---|---|---|---|---|
| First $100,000 | 4% | $4,000 | $4,000 | $8,000 |
| Next $100,000 | 3% | $3,000 | $3,000 | $6,000 |
| Next $800,000 | 2% | $16,000 | $16,000 | $32,000 |
| Next $9,000,000 | 1% | Varies | Varies | Varies |
| Next $15,000,000 | 0.5% | Varies | Varies | Varies |
Beyond statutory attorney and executor fees, probate involves several other costs:
Beyond the dollar costs, California probate takes 12-24 months minimum. During this time:
Contested probates can drag on for 3-5 years or longer.
A properly funded revocable living trust allows your assets to pass directly to beneficiaries without probate court involvement. Benefits include:
A California living trust costs just $400 — less than 2% of typical probate fees. Every trust is reviewed by Attorney Rozsa Gyene (CA Bar #208356).
Create Your Trust for $400Includes: Living Trust + Pour-Over Will + Powers of Attorney + Healthcare Directive
Yes, an executor can waive their statutory fee. However, the attorney fee is typically not waivable, and you still face court filing fees, appraisal costs, and the 12-24 month timeline.
California's small estate threshold ($184,500 for 2025) allows simplified transfer procedures — but only for personal property, not real estate. If you own a home of any value, you cannot use the small estate affidavit to transfer it.
You can name a family member as executor who waives their fee, and request "independent administration" to reduce court appearances. However, statutory attorney fees and the lengthy timeline remain. The only way to truly avoid probate is a living trust.
Probate is required when assets worth more than $184,500 are titled solely in the deceased person's name, or any real estate without joint tenancy or trust. Properly structured living trusts, joint tenancy, and beneficiary designations can avoid probate.
Don't let your family pay $27,000+ in probate fees. Create your California living trust today.
Learn more about California living trusts →Legal Review: This calculator and content reviewed by Rozsa Gyene, California Estate Planning Attorney, CA State Bar #208356.
Disclaimer: This calculator provides estimates based on California Probate Code Section 10810. Actual costs may vary based on complexity, contested claims, and local court requirements. Consult with an attorney for advice specific to your situation.