California Probate Fees: Complete Statutory Fee Guide

California probate fees are among the highest in the nation. Unlike most states where attorneys charge hourly rates or negotiate fees, California law sets mandatory minimum fees based on estate value. Both attorneys and executors receive these statutory fees, meaning estates pay double.

Understanding these fees helps California families plan ahead and explore alternatives.

The California Fee Schedule

California Probate Code Section 10810 establishes the statutory fee schedule. The fees apply to both the attorney and the personal representative (executor or administrator).

Estate Value	Percentage	Cumulative Fee
First $100,000	4%	$4,000
Next $100,000	3%	$7,000
Next $800,000	2%	$23,000
Next $9,000,000	1%	$113,000
Next $15,000,000	0.5%	$188,000
Over $25,000,000	Reasonable amount determined by court	Varies

What This Means in Real Numbers

$500,000 Estate

Fee Component	Calculation	Amount
First $100,000	4%	$4,000
Next $100,000	3%	$3,000
Remaining $300,000	2%	$6,000
Attorney fee		$13,000
Executor fee		$13,000
Total statutory fees		$26,000

$1,000,000 Estate

Fee Component	Calculation	Amount
First $100,000	4%	$4,000
Next $100,000	3%	$3,000
Remaining $800,000	2%	$16,000
Attorney fee		$23,000
Executor fee		$23,000
Total statutory fees		$46,000

$2,000,000 Estate

Fee Component	Calculation	Amount
First $100,000	4%	$4,000
Next $100,000	3%	$3,000
Next $800,000	2%	$16,000
Next $1,000,000	1%	$10,000
Attorney fee		$33,000
Executor fee		$33,000
Total statutory fees		$66,000

Gross Estate Value: The Critical Detail

Statutory fees are calculated on gross estate value, not net value. This is where California fees become particularly burdensome.

What Gross Value Means

If the decedent owned a house worth $900,000 with a $600,000 mortgage, the gross value is $900,000. The fees are calculated on the full $900,000, even though the equity is only $300,000.

Example

Asset	Gross Value	Debt	Net Value
House	$900,000	$600,000 mortgage	$300,000
Bank accounts	$50,000	$0	$50,000
Total	$950,000	$600,000	$350,000

Statutory fees are calculated on $950,000:

Attorney: $22,000
Executor: $22,000
Total: $44,000

The fees consume over 12% of the actual net estate value.

Other Probate Costs

Statutory fees are not the only expense. Add these costs:

Cost	Typical Amount
Court filing fee	$435
Probate referee fee	0.1% of appraised assets
Publication costs	$200-$500
Certified copies	$25-$100
Recording fees	$15-$75 per document
Bond premium	$200-$1,000+
Accountant/CPA	$500-$5,000

Total Cost Estimates

Estate Value	Statutory Fees	Other Costs	Total
$500,000	$26,000	$2,500	$28,500
$1,000,000	$46,000	$4,000	$50,000
$2,000,000	$66,000	$8,000	$74,000

Extraordinary Fees

Beyond statutory fees, attorneys and executors can request additional "extraordinary fees" under Probate Code Section 10811.

When Extraordinary Fees Apply

Litigation (will contests, creditor disputes)
Selling real estate
Complex tax matters
Operating a business
Unusual asset management
Contested matters

How They Work

Extraordinary fees require court approval. The attorney or executor files a petition explaining:

What services were performed
Why they were outside normal administration
How much time was spent
What hourly rate is requested

Courts typically approve reasonable hourly rates ($250-$500/hour) for genuinely extraordinary work.

Warning

Some attorneys characterize routine work as extraordinary to increase fees. Review fee petitions carefully.

Can Fees Be Reduced?

Executor Fee Waiver

Family members serving as executor often waive their fee to preserve estate assets. If you are both executor and beneficiary, waiving the fee means more inheritance.

The fee is taxable income, so there can also be tax reasons to waive.

Attorney Fee Negotiation

Technically, attorneys are entitled to statutory fees. However, some attorneys will:

Accept a flat fee for simple estates
Agree to hourly billing (may be cheaper for small estates)
Cap fees below statutory amounts
Offer unbundled services (you do some work, attorney does the rest)

Ask about alternatives before hiring. Get any fee arrangement in writing.

DIY Probate

California does not require an attorney for probate. You can represent the estate yourself. This eliminates statutory attorney fees.

Self-representation works best when:

The estate is straightforward
No disputes exist
You are comfortable with legal procedures
You have time to learn the process

Avoid Probate Entirely

The most effective way to avoid statutory fees is to avoid probate:

Create a living trust
Use beneficiary designations on accounts
Title property as joint tenancy or community property with right of survivorship
Use transfer-on-death deeds

Learn more: How to Avoid Probate in California

Probate Referee Fees

California uses probate referees (court-appointed appraisers) to value certain estate assets.

What They Appraise

Real estate
Business interests
Stocks and bonds
Other assets requiring professional valuation

What They Do NOT Appraise

Cash
Bank accounts (executor provides balance)
Items appraised by other professionals with court permission

Fee Structure

Probate referees charge 0.1% of the value of assets they appraise, with:

Minimum fee: $75
Maximum fee: $10,000 per estate

For a $1,000,000 house, the referee fee is $1,000.

Court Filing Fees

Filing Type	Fee
Petition for Probate	$435
Spousal Property Petition	$435
Other petitions	$60-$435
Certified copies	$25 first page, $5 each additional
Filing exceptions	Varies

Is California Probate Worth Avoiding?

The numbers speak for themselves. For a typical $1,000,000 estate:

Scenario	Cost	Timeline
Full probate	$50,000+	12-18 months
Living trust	$3,000-$5,000 setup	Immediate at death

The living trust costs 6-10% of what probate costs, and assets transfer in days rather than months.

Frequently Asked Questions

Are California probate fees negotiable?

Attorneys are entitled to statutory fees by law, but many will accept less. Executors can waive their fee entirely. Always discuss fees before hiring an attorney.

Why are California probate fees so high?

California calculates fees on gross estate value (including debt) rather than net value. Combined with the statutory percentage system, this produces some of the highest probate costs in the nation.

Do I have to pay both attorney and executor fees?

Yes. Both are entitled to statutory fees. For a $1,000,000 estate, that is $23,000 each, or $46,000 total.

Can the attorney also be the executor?

Yes. An attorney can serve as both and receive both fees. This is legal but creates potential conflicts of interest. Some families prefer to keep the roles separate.

What if the estate cannot afford the fees?

Fees are paid from estate assets. If the estate has insufficient assets, fees are reduced proportionally. Fees cannot exceed what the estate has available after paying priority obligations.

Calculate Your Fees

Use our California probate fee calculator to estimate costs for your specific situation.

Related Guides

Sources:

California Probate Code Section 10810 (Attorney and Personal Representative Fees)
California Probate Code Section 10811 (Extraordinary Fees)
California Probate Code Section 8963 (Probate Referee Fees)

This guide provides general information about California probate fees. Fees and costs may vary. Consult with a California probate attorney for advice specific to your situation.