One of the first questions families ask is what probate will actually cost. In California, the answer surprises most people, because the fees are set by law, based on the gross value of your estate, and the main fee is charged twice.
California’s statutory probate fees
Under California Probate Code section 10810, the attorney and the personal representative (the executor or administrator) are each entitled to a fee calculated on this sliding scale:
- 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
Here is the part that catches people off guard: both the attorney and the personal representative get this fee, so the statutory cost is effectively doubled. On a $1,000,000 estate, that is about $23,000 to the attorney and another $23,000 to the personal representative, roughly $46,000 before other costs.
It is based on gross value, not your equity
The fee is calculated on the gross value of the estate, not what you actually own after debts. A $1,000,000 home with a $600,000 mortgage is still counted as a $1,000,000 asset, so the fees are calculated on the full million, not on your $400,000 of equity.
The other costs add up too
On top of the statutory fees, families typically pay court filing fees, a probate referee to appraise the assets, newspaper publication costs, and sometimes a bond. And probate is slow, usually 12 to 18 months or longer , which carries its own cost in stress and delay.
How to avoid all of it
Here is the good news: these costs only apply to assets that go through probate. Assets held in a properly funded revocable living trust pass to your family without probate, which means no statutory fees at all. For most California homeowners, the cost of setting up a trust is a small fraction of what probate would cost their family later. See Will vs. Trust: What California Homeowners Need to Know and our overview of probate .
Frequently asked questions
Can the statutory fees be negotiated? The base fees are set by law. In complicated estates, the court can also approve additional “extraordinary” fees on top of the statutory amount, so probate can cost even more, not less.
Do small estates avoid these fees? California has simplified procedures for smaller estates and for a primary residence under a set value, which can avoid formal probate. See Can More Californians Say Goodbye To A Formal Probate?
Want to learn more? Watch our free estate planning webinar , or book a free 15-minute call .
This article is general information about California law, not legal advice, and does not create an attorney-client relationship.