How Much Does Probate Cost in California?

Complete fee breakdown for all California probate options

Court filing fees, attorney costs, timelines, and additional expenses

Quick Summary: California Probate Costs

Small Estate Affidavit

Under $208,850

$435

Real Property Petition

Home under $750K

$435

Spousal Petition

Community property

$435+

Full Probate

Over $208,850

These are California court filing fees. Total costs include attorney fees, court costs, and other expenses which can add thousands to your total.

California Probate Fees by Type

Probate Type	Estate Value	Court Filing Fee	Timeline	Attorney Required
Small Estate Affidavit	Under $208,850	$0 (no court filing)	40+ days after death	No
Real Property Affidavit	Home under $750,000	$435	2-4 months	No
Spousal Property Petition	Any (community property)	$435	2-4 months	No
Full Probate	Over $208,850	$435	9-18 months	No (but strongly recommended)

California Statutory Attorney & Executor Fees

California Sets Fees By Law (Probate Code 10810)

Unlike most states, California law establishes statutory fees for attorneys and executors based on estate value:

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
0.5% of the next $15,000,000

Example: Statutory Fees for a $500,000 Estate

4% of first $100,000:$4,000

3% of next $100,000:$3,000

2% of next $300,000:$6,000

Attorney Fee:$13,000

Executor Fee (same):$13,000

Total Statutory Fees:$26,000

Note: Executors may waive their fee. Attorneys may charge additional fees for "extraordinary services" (litigation, tax issues, real estate sales).

Additional Probate Costs

Attorney Fees (Statutory)

4% of first $100K + 3% of next $100K + 2% of next $800K

California sets statutory attorney fees by law (Probate Code 10810). Attorneys may charge more for extraordinary services.

Executor Fees (Statutory)

Same as attorney fees

Personal representatives are entitled to the same statutory compensation as attorneys.

Probate Referee

0.1% of asset value

Court-appointed referee appraises non-cash assets. Required for full probate.

Publication/Notice

$150-$400

Notice to creditors must be published in a newspaper of general circulation for 3 successive weeks.

Bond Premium

$200-$1,000+

May be required unless waived by will. Based on estate value.

Filing & Recording Fees

$50-$300

Certified copies, recording real property transfers, and miscellaneous court filings.

Total Cost Estimate by Estate Size

$100,000 estate (small estate affidavit):$0 - $500

$250,000 estate (full probate):$15,000 - $20,000

$500,000 estate:$28,000 - $35,000

$1,000,000 estate:$46,000 - $55,000

$2,000,000+ estate:$66,000+

*Estimates vary based on attorney rates, complexity, and specific county requirements.

Ways to Reduce Probate Costs in California

Use Simplified Procedures

If the estate qualifies, simplified procedures like small estate affidavits save thousands in fees.

Learn About Small Estate Options →

Consider a Living Trust

Trusts avoid probate entirely. While setup costs $1,500-$5,000, they can save much more in probate fees and keep your affairs private.

Probate vs Trust Comparison →

Beneficiary Designations

Bank accounts, retirement accounts, and life insurance with named beneficiaries bypass probate entirely.

Request Fee Waiver

California courts offer fee waivers for those who cannot afford court fees. Contact your county clerk for an application.

Find Your California County's Probate Information

Get specific court locations, self-help center information, and local filing details for your county.

Browse California Counties

Frequently Asked Questions

What is the cheapest way to transfer assets in California?

The Small Estate Affidavit is free (no court filing required) for estates under $208,850 in personal property. You simply complete the affidavit and present it directly to banks or other institutions holding the assets.

Do I need an attorney for probate in California?

California does not legally require an attorney for probate. However, full probate is complex and most people hire an attorney. For small estate affidavits and spousal property petitions, many people handle them without an attorney.

How much does a probate attorney cost in California?

California law sets statutory attorney fees: 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9 million. For a $500,000 estate, statutory fees would be $13,000 for the attorney plus $13,000 for the executor.

Can I get a fee waiver for probate in California?

Yes, California courts offer fee waivers for those who cannot afford court fees. Use Form FW-001 (Request to Waive Court Fees) and provide documentation of your financial situation.

Are probate fees the same across all California counties?

Yes, court filing fees are uniform across California per the Uniform Civil Fee Schedule. However, publication costs and local filing requirements may vary slightly by county.

How long does probate take in California?

Small estate affidavits can be used 40 days after death. Spousal property petitions take 2-4 months. Full probate typically takes 9-18 months, sometimes longer for complex estates.

Need Help Determining Which Option Applies?

Take our free assessment to understand which probate procedure applies to your specific situation.

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Sources & Verification

Legal Authority: California Probate Code

Fee Source: Uniform Civil Fee Schedule (Gov. Code § 70600+)

Last Verified: January 2026

Threshold Effective: April 1, 2025 (AB 2016)

This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current fees with your local court clerk before filing.