How Much Does Probate Cost in California?
Compare filing fees, attorney costs, and timelines across the most common probate options in California.
Quick Summary
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Under $208,850 (deaths on or after April 1, 2025; $184,500 for earlier deaths) | $0 (no court filing) | 40+ days after death | No | Small estates without real property |
| Primary Residence Petition | Primary residence under $750,000 (deaths on or after April 1, 2025 only) | $435 | 2-4 months after the 40-day wait | No | Transferring the decedent’s primary residence only |
| Small-Value Real Property Affidavit | California real property worth $69,625 or less (deaths on or after April 1, 2025; $61,500 for earlier deaths) | $45 | 6+ months after death | No | Very small-value real property |
| Spousal Property Petition | Any (community property) | $435 | 2-4 months | No | Surviving spouse claiming community property |
| Full Probate | Over $208,850 | $435 | 9-18 months | No (but strongly recommended) | Large estates, complex situations |
Additional Costs to Expect
Attorney Fees (Statutory)
California sets statutory attorney fees by law (Prob. Code § 10810). Attorneys may charge more for extraordinary services.
Executor Fees (Statutory)
Personal representatives are entitled to the same statutory compensation as attorneys.
Probate Referee
Court-appointed referee appraises non-cash assets. Required for full probate.
Publication/Notice
Notice to creditors must be published in a newspaper of general circulation for 3 successive weeks.
Bond Premium
May be required unless waived by will. Based on estate value.
Filing & Recording Fees
Certified copies, recording real property transfers, and miscellaneous court filings.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- California Probate Code
- Fee Source
- Uniform Civil Fee Schedule (Gov. Code § 70600+)
- Last Verified
- June 2026
- Threshold Effective Date
- April 1, 2025 (AB 2016). California sets these limits by the DATE OF DEATH, not the filing date (Judicial Council form DE-300). Deaths between April 1, 2022 and March 31, 2025 use $184,500 / $61,500 limits with no $750,000 primary-residence option.
Frequently Asked Questions
What is the cheapest way to transfer assets in California?
The Small Estate Affidavit is the cheapest route for personal property because it has no court filing fee. If the estate only needs to transfer very small-value California real property, the separate Probate Code section 13200 affidavit has a much smaller court filing fee than a full probate petition, but it generally requires waiting at least 6 months after death.
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.
Which limits apply if the person died before April 1, 2025?
California sets small-estate limits by the date of death, not the date you file (Judicial Council form DE-300, which must be attached to the affidavit or petition). For deaths between April 1, 2022 and March 31, 2025, the small estate affidavit limit is $184,500 and the small-value real-property affidavit limit is $61,500. The $750,000 primary-residence petition does not apply; instead, real property can use a Petition to Determine Succession to Real Property (form DE-310) when the combined real and personal property is $184,500 or less. Deaths before April 1, 2022 use lower limits still.
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Settled Estate is not a law firm and does not give legal advice.
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