Legal Review By
Rozsa Gyene, Esq.
California State Bar #208356 | Licensed Since 2000
25+ years estate planning experience in California
Under CA Probate Code §10810, California mandates statutory fees calculated on GROSS estate value — meaning a $1,000,000 home with a $900,000 mortgage still costs $46,000 in mandatory fees. Add 18-24 months of court delays and public exposure of your family's finances.
CA Probate Code §10810 mandates these fees. Both the attorney AND executor receive the full amount — effectively doubling the cost.
Here's what LegalZoom and other online services don't tell you:
California probate fees are calculated on the GROSS value of your estate — the full market value of your assets BEFORE subtracting mortgages, loans, or debts.
Your family would owe $46,000 in mandatory probate fees on a home where they only have $100,000 in equity. This is why California has one of the harshest probate systems in the United States.
During probate, your family cannot sell property, access accounts, or distribute assets without court approval at every step.
Petition filed with Superior Court. Hearing scheduled 30-45 days out. Court filing fees: $435-$550.
Court appoints executor ("Personal Representative"). Bond may be required unless waived in will.
Notice published in newspaper. Mandatory 4-month waiting period for creditors to file claims. Cannot skip this step.
All assets inventoried. Court-appointed probate referee appraises real estate. Appraisal fees: $250-$500 per property.
Estate pays creditor claims, files final income tax returns, pays any estate taxes. Every payment requires accounting.
Executor files detailed accounting and petition for distribution. Court schedules hearing, reviews everything.
After court approval, assets finally distributed. Total: 18-24 months minimum. Contested probates: 3-5 years.
Many online sources suggest you can skip probate if your estate is under $208,000 (2025 threshold). However, there's a massive catch for California homeowners:
The Small Estate Affidavit does NOT apply to real property.
If you own a home in California — of any value — the Small Estate Affidavit (CA Probate Code §13100) cannot be used to transfer that home. Your family will face full formal probate.
The only way to pass California real estate without probate is to hold it in a Revocable Living Trust.
Probate files are public record. Anyone can see what you owned, what you owed, and who gets what.
Any objections, conflicts, or challenges between family members become part of the permanent public record.
Con artists monitor probate filings to target grieving families with scams, fake debts, and fraudulent claims.
A Living Trust is 100% private. No court filing. No public record. Your family's business stays your family's business.
Learn how a living trust protects your privacy →Learn more in our complete guide: How to Avoid Probate in California
A funded Revocable Living Trust is the only 100% effective way to remove your assets from probate court jurisdiction.
Our attorney-reviewed trust costs $400 — less than 2% of what your family would pay in probate fees on a $500,000 home.
Probate timelines vary dramatically by county. Click your area for specific court data:
Stanley Mosk Courthouse
18-24 month backlog
Lamoreaux Justice Center
18-22 month backlog
Historic Courthouse
16-20 month backlog
René C. Davidson Courthouse
20-24 month backlog
1100 Union Street
14-18 month backlog
Complete Service Area Hub →
California probate fees are mandatory under CA Probate Code §10810: 4% of first $100K, 3% of next $100K, 2% of next $800K. Both attorney AND executor receive this amount. A $500,000 estate costs $26,000; $1 million costs $46,000. Fees are calculated on GROSS value before subtracting mortgages.
California probate typically takes 12-24 months minimum for uncontested cases. Major courts like Stanley Mosk (LA), Lamoreaux (OC), and René C. Davidson (Alameda) have significant backlogs. Contested probates can take 3-5 years. During this time, heirs cannot sell property or distribute assets without court approval.
For 2025, the threshold is $208,000. Estates below this may use a Small Estate Affidavit (CA Probate Code §13100). CRITICAL: This does NOT apply to real property. If you own a California home of any value, you cannot use the small estate procedure to avoid probate on that home.
CA Probate Code §10810 mandates fees based on gross estate value — the full market value before subtracting mortgages, loans, or debts. A $1M home with $900K mortgage still incurs fees on $1M ($46,000), not the $100K equity. This is one of the harshest fee structures in the US.
Yes. Probate is a public court proceeding. Anyone can access probate files and see your assets, debts, beneficiaries, and any family disputes. A living trust is completely private — no court filing, no public record.
The most effective method is a Revocable Living Trust. When assets are titled in a trust, probate court has no jurisdiction. Other methods include POD/TOD designations for bank accounts/securities and beneficiary designations for retirement accounts. Our attorney-reviewed trusts cost $400 — a fraction of probate fees. Read our complete guide →
"We went through probate when my father died — 22 months at Stanley Mosk and $31,000 in fees. When my mother got sick, we immediately got a trust for $400. She passed last year and we settled everything in 3 weeks."
— Thomas & Maria S., Glendale
"I'm a real estate agent — I've seen families stuck in probate hell, unable to sell homes, bleeding money to attorneys. The $400 trust is nothing compared to watching families lose $40,000+ to probate court."
— Karen W., Real Estate Agent, Irvine
"As a CPA, I see probate hit my clients every year. CA Probate Code §10810 is brutal — fees on gross value means heavily mortgaged properties still get hit with full statutory fees. A $400 trust saved my family from a $46,000 bill."
— Michael R., CPA, San Diego
Legal Review By
California State Bar #208356 | Licensed Since 2000
25+ years estate planning experience in California