California has some of the highest statutory probate fees in the country. Here is exactly how they are calculated — with a simple calculator to estimate your costs.
California is unusual in that probate attorney fees and executor (personal representative) fees are set by statute — they are not negotiable. The fee schedule is defined in California Probate Code Section 10810 and applies identically in all 58 counties.
What surprises many families is that these fees are calculated on the gross value of the estate — meaning debts and mortgages are not subtracted. A home worth $800,000 with a $500,000 mortgage is valued at $800,000 for fee calculation purposes. This can make probate significantly more expensive than families expect.
Both the attorney and the personal representative are entitled to the same fee amount, so the total statutory fees for a given estate are effectively doubled.
Under Probate Code Section 10810, the fee structure is as follows (both attorney and executor receive this same amount):
| Estate Value | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Court determines |
Enter the gross value of the estate below to see estimated statutory fees. Remember: this is based on gross value before debts. This calculator covers statutory fees only — actual total probate costs will include additional expenses (see below).
Statutory attorney and executor fees are just the starting point. Most California estates also incur:
Court filing fees: $435 per petition in most counties, or $450 in Riverside, San Bernardino, and San Francisco (which add local courthouse construction surcharges). The initial petition and petition for final distribution each incur this fee, so expect at least two filing fees during probate. Additional petitions for things like real property sales add further charges.
Probate referee fees: A court-appointed referee appraises non-cash assets at a rate of 0.1% of appraised value (Probate Code §8961).
Publication costs: Required notice to creditors must be published in a newspaper of general circulation. Costs vary by county and newspaper, typically ranging from $200 to $700.
Bond premiums: When required, surety bond premiums typically run 0.5% to 1% of estate value annually. Many wills waive the bond requirement.
Extraordinary fees: Courts may approve additional attorney compensation for services beyond routine administration — such as real estate sales, tax matters, litigation, or business management (Probate Code §10811).
Miscellaneous: Certified copies, recording fees, postage, property maintenance, accounting, and tax preparation add further costs that vary by estate.
For a typical California estate worth $1 million, combined statutory fees alone total approximately $46,000. Add in filing fees, appraisals, publication, and other costs, and total probate expenses commonly reach $50,000-$70,000 or more — all of which reduces the inheritance available to beneficiaries.
These costs, combined with the 9-18 month timeline, mean that California heirs often face a long wait and a reduced inheritance. If you need access to funds before probate concludes, a California inheritance advance can help — with no credit check, no monthly payments, and no personal risk.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
Statutory fees under Probate Code Section 10810 are set by law and are not negotiable. However, some attorneys offer flat-fee arrangements that may be lower than statutory fees, or family members serving as executor may waive their fee. Extraordinary fees beyond the statutory amount require court approval. Any fee arrangement should be discussed and agreed upon before the attorney begins work.
This is one of the most common complaints about California probate. The statutory fee calculation uses gross estate value — meaning a home worth $1 million with a $700,000 mortgage is valued at $1 million for fee purposes. The reasoning behind this structure is a matter of California legislative policy. Many estate planning professionals cite this as a strong reason to use trusts and other tools to avoid probate.
Probate fees can be reduced or avoided through estate planning done before death — particularly by placing assets in a revocable living trust. Assets in a trust are not subject to probate and do not count toward the statutory fee calculation. Other strategies include joint tenancy, beneficiary designations, and transfer-on-death deeds. Once a person has passed, the estate structure is set and fees are determined by what is in the probate estate. This is a conversation best had with an estate planning attorney.
The personal representative (executor or administrator) is entitled to the same statutory fee as the attorney. However, many family members serving as executor voluntarily waive this fee to preserve more of the estate for beneficiaries. Whether to accept or waive the fee is a personal decision — the executor may want to consider the amount of work involved before deciding.
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