California Statutory Probate Fees: Probate Code 10810 Explained
California statutory probate fees under Probate Code 10810. Calculate attorney and executor fees based on gross estate value.
California statutory probate fees are set by law under Probate Code Section 10810. Unlike most states where attorney and executor fees are negotiable, California mandates specific percentages based on the gross estate value.
Both the attorney and the personal representative (executor or administrator) are entitled to the same statutory fee. This means the total statutory fees paid from the estate are double the amounts shown in the fee schedule.
California Statutory Fee Schedule
| Gross Estate Value | Fee 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% | Up to $113,000 |
| Next $15,000,000 | 0.5% | Up to $188,000 |
| Over $25,000,000 | Court determines reasonable amount | Varies |
Both the attorney and executor receive these fees. For a $1 million estate, each receives $23,000, totaling $46,000 in statutory fees alone.
Fee Calculation Examples
Example 1: $500,000 Estate
| Portion | Calculation | Fee |
|---|---|---|
| First $100,000 | $100,000 x 4% | $4,000 |
| Next $100,000 | $100,000 x 3% | $3,000 |
| Next $300,000 | $300,000 x 2% | $6,000 |
| Attorney Total | $13,000 | |
| Executor Total | $13,000 | |
| Combined Statutory Fees | $26,000 |
Example 2: $1,000,000 Estate
| Portion | Calculation | Fee |
|---|---|---|
| First $100,000 | $100,000 x 4% | $4,000 |
| Next $100,000 | $100,000 x 3% | $3,000 |
| Next $800,000 | $800,000 x 2% | $16,000 |
| Attorney Total | $23,000 | |
| Executor Total | $23,000 | |
| Combined Statutory Fees | $46,000 |
Example 3: $2,000,000 Estate
| Portion | Calculation | Fee |
|---|---|---|
| First $100,000 | $100,000 x 4% | $4,000 |
| Next $100,000 | $100,000 x 3% | $3,000 |
| Next $800,000 | $800,000 x 2% | $16,000 |
| Next $1,000,000 | $1,000,000 x 1% | $10,000 |
| Attorney Total | $33,000 | |
| Executor Total | $33,000 | |
| Combined Statutory Fees | $66,000 |
Gross Estate Value: What Counts
Statutory fees are based on gross estate value, not net value. This is a critical distinction.
Included in Gross Estate
- Full fair market value of real property (not equity)
- Bank account balances
- Investment account values
- Vehicle values
- Personal property values
- Business interests
- Any other probate assets
Mortgage Example
If the deceased owned a home worth $800,000 with a $500,000 mortgage:
- Gross value for fee calculation: $800,000
- Net equity: $300,000
Statutory fees are calculated on the $800,000, not the $300,000 equity. This is why California probate can be expensive even for estates with significant debt.
What Is NOT Included
Assets that do not go through probate:
- Trust assets
- Life insurance proceeds (with named beneficiary)
- Retirement accounts (with named beneficiary)
- Property held in joint tenancy
- Assets with transfer-on-death designations
Executor Fee: Do I Have to Take It?
Executors are entitled to statutory compensation but are not required to accept it. Family members serving as executors often waive their fee to preserve estate assets for beneficiaries.
Reasons to Accept the Fee
- Significant time and effort required
- Professional-level responsibility
- Potential personal liability
- Fee is taxable income but may be worth it for large estates
Reasons to Waive the Fee
- You are also a beneficiary (waiving preserves more for inheritance)
- Family expectations or relationships
- Estate has limited assets
- You want to minimize estate expenses
How to Waive
File a written waiver with the court or simply do not request the fee in the final accounting.
Attorney Fees: Negotiation and Alternatives
Can I Negotiate Statutory Fees?
Attorneys are entitled to statutory fees but can agree to accept less. Some attorneys:
- Charge flat fees for simple estates
- Accept hourly rates for straightforward cases
- Offer fee caps below statutory amounts
Ask potential attorneys about their fee structure before hiring.
Do I Need an Attorney?
California does not require an attorney for probate. You can represent yourself as personal representative. Consider DIY if:
- Estate is straightforward
- No disputes among beneficiaries
- You are comfortable with legal procedures
- Estate value is small (lower fees anyway)
Consider hiring an attorney if:
- Estate is complex
- Real estate needs to be sold
- Creditor claims are anticipated
- Beneficiaries may dispute the administration
Extraordinary Fees (Probate Code 10811)
Beyond statutory fees, attorneys and executors can request additional "extraordinary fees" for services outside normal administration.
Services That May Qualify
- Litigation (will contests, creditor disputes)
- Complex tax matters
- Sale of real property
- Operating a business during administration
- Unusual asset management
Court Approval Required
Extraordinary fees require:
- Detailed description of services
- Time spent on each task
- Explanation of why services were necessary
- Court approval at a hearing
How Much Are Extraordinary Fees?
Attorneys typically charge their standard hourly rate ($200-$500/hour) for extraordinary services. The court reviews whether the fees are reasonable.
Other Probate Costs
Statutory fees are just part of total probate costs. Budget for:
| Cost | Typical Range |
|---|---|
| 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 |
|---|---|---|---|
| $250,000 | $14,000 | $2,000-$4,000 | $16,000-$18,000 |
| $500,000 | $26,000 | $3,000-$6,000 | $29,000-$32,000 |
| $1,000,000 | $46,000 | $4,000-$8,000 | $50,000-$54,000 |
| $2,000,000 | $66,000 | $6,000-$12,000 | $72,000-$78,000 |
Use our California probate fee calculator for a personalized estimate.
How to Reduce Probate Costs
Avoid Probate Entirely
The most effective way to avoid statutory fees is to avoid probate:
- Create a revocable living trust
- Use beneficiary designations
- Title property in joint tenancy
- Use transfer-on-death deeds
Learn more: How to Avoid Probate in California
Use Simplified Procedures
Estates that qualify for simplified procedures avoid statutory fees:
- Small estate affidavit: For personal property under $208,850
- Spousal property petition: For community property (no dollar limit)
- Real property petition: For homes under $750,000
Negotiate Attorney Fees
Ask attorneys about:
- Flat fee arrangements
- Fee caps
- Hourly billing (may be cheaper for simple estates)
- Unbundled services (you do some work, attorney does the rest)
Waive Executor Fee
If you are both executor and beneficiary, waiving your fee preserves more for inheritance.
Frequently Asked Questions
Are California probate fees negotiable?
Statutory fees under Probate Code 10810 are set by law, but attorneys can agree to accept less. Executors can waive their fee entirely. Always discuss fees before hiring an attorney.
Why are California probate fees based on gross value?
California law uses gross estate value (Probate Code 10810) because it is easier to calculate and applies a consistent standard. This can result in high fees for estates with significant debt.
Can the executor and attorney be the same person?
Yes. An attorney can serve as both personal representative and legal counsel. They can receive both fees (executor fee and attorney fee), though some find this creates a conflict of interest.
What if the estate cannot afford statutory fees?
If estate assets are insufficient, fees are reduced proportionally. Attorneys and executors cannot receive more than the estate has available after paying priority claims.
Are statutory fees taxable?
Yes. Executor fees are taxable income. Attorney fees are a deductible estate expense. Beneficiaries who waive executor fees may receive more through inheritance but lose the income deduction.
Related Guides
- California Probate Process: Complete Guide
- How Much Does Probate Cost in California?
- California Extraordinary Fees
- How to Avoid Probate in California
Sources:
- California Probate Code Section 10810 (Attorney Fees)
- California Probate Code Section 10800 (Personal Representative Compensation)
- California Probate Code Section 10811 (Extraordinary Fees)
Last Updated: January 2026. Statutory fees are set by California law. This guide provides general information. Consult with a California probate attorney for advice specific to your situation.