California Probate Fees: Probate Code 10800 and 10810 Explained

California probate fees are often called statutory fees because California sets ordinary compensation by statute instead of leaving it entirely to negotiation. Probate Code Section 10800 governs ordinary compensation for the personal representative, and Probate Code Section 10810 governs ordinary compensation for the attorney for the personal representative.

The percentage schedule is the same under both statutes. That means the attorney and the personal representative (executor or administrator) are usually each entitled to the amounts shown below, so total California probate fees can be roughly double the single fee schedule.

What Statutory Fee Means in California Probate

If you searched for statutory fee meaning, the short answer is this: California law sets a default compensation formula for ordinary probate work.

Probate Code 10800: ordinary executor or administrator fees
Probate Code 10810: ordinary probate lawyer fees in California
Probate Code 10801 and 10811: possible additional extraordinary compensation if the work goes beyond routine administration

Unlike an hourly bill, a statutory fee is tied to the value of the estate accounted for in probate, not just the number of hours spent.

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 usually receive these fees separately. For a $1 million estate, the Probate Code 10810 attorney fee is $23,000 and the Probate Code 10800 executor fee is $23,000, for total ordinary statutory fees of $46,000.

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 Fees California: Do I Have to Take Them?

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.

Probate Lawyer Fees California: 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 Probate Fees: Probate Code 10801 and 10811

Beyond ordinary California probate fees, both sides may request additional compensation for extraordinary services. Probate Code 10801 applies to the personal representative, and Probate Code 10811 applies to the attorney for the personal representative.

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 request extraordinary fees at an hourly rate for services under Probate Code 10811. Personal representatives can also request additional compensation under Probate Code 10801 if they performed extraordinary services. The court decides what amount is just and 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 a revocable transfer on death deed when appropriate

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?

Ordinary California probate fees under Probate Code 10800 and 10810 are set by statute, but attorneys can agree to accept less and executors can waive their fee entirely. Always discuss fees before hiring an attorney.

What does statutory fee mean?

In California probate, a statutory fee means ordinary compensation fixed by the Probate Code. Probate Code 10800 covers the personal representative, and Probate Code 10810 covers the attorney.

Does Probate Code 10810 cover executor fees?

No. Probate Code 10810 covers attorney compensation. Executor or administrator compensation is governed by Probate Code 10800.

Why are California probate fees based on gross value?

California law uses gross estate value under both Probate Code 10800 and 10810 because the statutes define the fee base without subtracting mortgages and other encumbrances. 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

Sources:

California Probate Code Sections 10800-10801
California Probate Code Sections 10810-10811
California Courts Probate Self-Help Center

Last Updated: April 2026. This guide provides general information about California probate fees, probate lawyer fees in California, and executor fees in California. Consult a California probate attorney for advice specific to your situation.