A California probate fees calculator runs on a statutory sliding scale set by Probate Code Section 10810, so the attorney’s fee and the personal representative’s fee are each a fixed percentage of the estate’s gross value. The percentages are 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, and 0.5% of the next $15,000,000. Anything above $25,000,000 is a reasonable amount set by the court.1California Legislative Information. California Code, Probate Code – PROB 10810 Both the attorney and the personal representative are entitled to the same fee, which means the statutory cost is effectively doubled before any other expense.2California Legislative Information. California Probate Code 10800
The Statutory Fee Schedule
The tiers are cumulative. Each percentage applies only to the slice of the estate that falls inside its bracket, not to the whole value.
- First $100,000: 4%
- Next $100,000: 3%
- Next $800,000: 2%
- Next $9,000,000: 1%
- Next $15,000,000: 0.5%
- Above $25,000,000: a reasonable amount determined by the court
Run that math once to get the attorney’s fee, then double it. The personal representative is entitled to the identical amount, though a family member serving in that role can waive it. Many do, because an inheritance is not taxable income but an executor’s fee is. Fees paid to a non-professional personal representative are reported as other income; fees paid to a professional fiduciary count as self-employment income.3Internal Revenue Service. Publication 559 (2025), Survivors, Executors, and Administrators
What Value the Percentages Apply To
The fee base is the gross fair market value of the probate assets, with no reduction for mortgages, loans, or any other debt. A house appraised at $900,000 with a $600,000 mortgage counts as $900,000 for fee purposes, not the $300,000 of equity.1California Legislative Information. California Code, Probate Code – PROB 10810 Gains on sales above the appraised value and income received during administration also factor in.
Only probate assets go into the calculation. Several categories bypass probate entirely and drop out of the fee base:
- Assets held in a properly funded revocable living trust, which pass through the trustee.
- Retirement accounts, life insurance, and payable-on-death accounts with a living named beneficiary.
- Real estate or accounts held in joint tenancy with right of survivorship.
- Community property with right of survivorship between spouses.
Every dollar that avoids the probate estate cuts the base the percentages are applied to, which is why ownership structure often matters more to total cost than anything that happens inside the court case.
Worked Examples at Common Estate Sizes
At $500,000: 4% of the first $100,000 is $4,000, plus 3% of the next $100,000 is $3,000, plus 2% of the remaining $300,000 is $6,000. That’s $13,000 for the attorney and $13,000 for the personal representative, or $26,000 combined.
At $1,000,000: $4,000 plus $3,000 plus 2% of $800,000 ($16,000) equals $23,000 per person, $46,000 combined.1California Legislative Information. California Code, Probate Code – PROB 10810
At $2,000,000: the first $1,000,000 generates $23,000, and 1% of the next $1,000,000 adds $10,000. That’s $33,000 per person, $66,000 combined, or roughly 3.3% of the estate in statutory fees alone.
Other Costs That Stack On Top
The statutory percentages are the biggest line, but they aren’t the whole bill. Total probate costs commonly reach 4–5% of gross value once everything is added in.
Court Filing Fees
The initial probate petition costs $435 to file.4Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2023 Later petitions during administration carry their own fees, and certified copies of Letters Testamentary or Letters of Administration, which banks and title companies require, run $25 each.
Probate Referee Appraisal
A court-appointed probate referee appraises all non-cash assets. The fee is set by statute at 0.1% of the appraised value, with a minimum of $75 and a cap of $10,000.5California Legislative Information. California Code, Probate Code – PROB 8961 On a $1,000,000 estate, that’s $1,000.
Newspaper Publication
The personal representative must publish a Notice of Petition to Administer Estate in a local newspaper.6California Courts | Self Help Guide. Overview of Formal Probate Costs vary by paper and county but generally run a few hundred dollars.
Surety Bond
Unless the will waives the bond or all beneficiaries consent in writing, the court will require the personal representative to post one before Letters issue. Annual premiums typically run 0.5% to 1% of the bond amount, so a $500,000 bond costs roughly $2,500 to $5,000 a year, paid from the estate. Even when the will waives the bond, a judge can still require one, for example when the personal representative lives out of state.
When the Bill Goes Beyond the Formula
The statutory schedule covers “ordinary” services only. For extraordinary work, including will contests, tax disputes, real estate sales, creditor litigation, or operating a business of the decedent during administration, the attorney and personal representative can petition the court for additional compensation.7California Legislative Information. California Probate Code 10811 The court decides what is reasonable based on the hours and complexity. These fees are not capped by any formula, and this is where probate costs often outrun what the family expected. Paralegal time billed under attorney supervision also qualifies. A contingent fee for extraordinary services is possible but requires a written agreement, court approval, and a finding that it benefits the estate.
Estates That Skip Formal Probate
Formal probate is required only when the gross value of assets subject to probate exceeds a statutory threshold. For deaths on or after April 1, 2022, that figure is $184,500; for deaths on or after April 1, 2025, it rises to $208,850.8California Courts. California Rules of Court, Rule 7.705 Below the threshold, two simplified procedures are available.
For personal property such as bank and investment accounts, heirs can use a small estate affidavit, which requires at least 40 days to pass after death and no court filing.9California Courts | Self Help Guide. Small Estate Affidavit to Transfer Personal Property For the decedent’s primary residence, California offers a separate small estate petition that requires a court filing but avoids full administration.10California Legislative Information. California Code, Probate Code – PROB 13150
A surviving spouse or domestic partner can also use a Spousal Property Petition to confirm that community property or the decedent’s separate property passes to the survivor, which is faster and cheaper than full probate.11California Courts | Self Help Guide. Spousal or Domestic Partner Property Petition (Probate – Decedents Estates) (DE-221)
Keeping Assets Out of the Fee Base
Because fees are calculated on gross value, the practical way to lower a California probate bill is to shrink the probate estate before death.
A revocable living trust holds title to assets during life and passes them through a successor trustee at death, without court involvement.12Superior Court of California | County of Santa Clara. Living Trusts The common and expensive mistake is creating the trust but never retitling the house or accounts into it; unfunded assets go to probate anyway.
California also recognizes a Revocable Transfer-on-Death deed for residential real property, which names a beneficiary who takes the property automatically at death. The deed must be notarized and recorded within 60 days.13lavote.gov. Revocable Transfer on Death Deed (California Form) The authority has been extended through January 1, 2032, and it does not apply where title is already held in joint tenancy or community property with right of survivorship.14State Board of Equalization. Revocable Transfer on Death Deed – Effect Upon Property Tax
Beneficiary designations on retirement accounts, life insurance, and payable-on-death bank accounts transfer those assets directly, outside the will and outside probate. They cost nothing to set up, but outdated designations naming an ex-spouse or deceased relative can create problems that end up in court anyway. Reviewing them after major life events keeps the fee base down.