What Probate Really Costs in California: Statutory Fee Calculator
Written by the FreeWillUSA Editorial Team · California
What's on this page
- •An interactive calculator for California's statutory probate fee (Probate Code §10810)
- •Why the fee is paid twice — once to the attorney, once to the executor (§10800)
- •Why fees are computed on the gross estate — your mortgage doesn't reduce them
- •A worked fee table for $500k, $1M, $2M, and $3M estates
- •How long probate takes, who pays, and how to avoid it
California probate fee calculator
Enter your estate's gross value — the total value of everything you own that would pass through probate (home at market value, accounts, vehicles, other property), before subtracting any mortgage or debts. The calculator applies the exact statutory schedule in Probate Code §10810.
Range: $100,000 – $5,000,000. Currently showing: $1,000,000
A funded living trust avoids this. Assets titled in a revocable living trust pass to your beneficiaries without probate — so the statutory fee above is never charged on them.
Start my estate plan — freeCalculator shows statutory fees for ordinary services only. Courts can award additional "extraordinary" fees (§10811) for things like selling real estate or handling litigation. Court costs shown are an estimate; they vary by county and case. Estates over $25 million: the fee above $25M is set by the court.
Statutory probate fees at common estate values
These are the exact §10810 statutory fees at four common estate values. Remember: the attorney fee and the executor fee are each calculated on the same schedule — the estate can end up paying the fee twice.
| Gross estate | Attorney fee | Executor fee | Combined |
|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
Worked example, $1,000,000 estate: 4% × $100,000 ($4,000) + 3% × $100,000 ($3,000) + 2% × $800,000 ($16,000) = $23,000 — for the attorney and again for the executor. Court costs are additional.
How does California set probate fees?
Unlike most states, California doesn't leave probate attorney fees to negotiation. Probate Code §10810 fixes the attorney's compensation for ordinary probate services on a sliding schedule based on the value of the estate:
- 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; above $25 million, a reasonable amount set by the court
And here is the part most families don't see coming: Probate Code §10800 entitles the executor or administrator (the "personal representative") to compensation on the exact same schedule. A family member serving as executor can waive the fee — and often does, because it's taxable income to them — but a professional or non-family administrator generally won't. When both fees are taken, every number in the schedule above is effectively doubled.
Why is the fee based on the gross estate — even with a mortgage?
This is the single most expensive surprise in California probate. Statutory fees are calculated on the gross value of the estate accounted for by the personal representative — generally the appraised value of the assets without subtracting the mortgage or most other debts.
Worked example. Maria owns a $1,000,000 home in Sacramento with a $700,000 mortgage. Her actual equity is $300,000. If the home passes through probate, the statutory fee is computed on the full $1,000,000: $23,000 to the attorney and up to $23,000 to the administrator — $46,000 in fees on $300,000 of real equity. That's over 15% of what her family actually inherits, before court costs.
The mortgage still has to be paid, too — the fee calculation simply ignores it.
For most California homeowners, the house alone pushes the estate well past $1 million at today's values, which is why probate fees hit ordinary families — not just the wealthy. If someone dies without a will the same fee schedule applies; see what probate looks like without a will in California.
How long does California probate take?
A typical, uncontested California probate takes roughly 9 to 18 months from filing the petition to final distribution — and that's when everything goes smoothly. Court backlogs, real estate sales, creditor disputes, or a will contest can stretch it to two years or more. The usual sequence:
- Months 1–2: file the petition, publish notice, first court hearing, executor appointed.
- Months 2–6: inventory the assets; a court-appointed probate referee appraises non-cash assets.
- Months 4–8: four-month creditor claim window runs; debts and taxes are resolved.
- Months 9–18: petition for final distribution, court approves fees, assets finally distributed to heirs.
Throughout, the estate is largely frozen and everything filed is public record — the inventory of assets, the beneficiaries, and the fees.
Who pays the probate fees?
The estate does — which really means your heirs do. Statutory fees and court costs are paid out of estate assets, with court approval, before anything is distributed. If the estate is cash-poor (a common situation when the main asset is a house), the house may need to be sold or refinanced just to cover the fees.
Court costs come on top of the statutory fees: filing fees for the opening and closing petitions, mandatory newspaper publication, probate referee appraisal fees (set by statute at 0.1% of the appraised assets), bond premiums if a bond is required, and certified copies. In a typical case these run roughly $1,500–$3,500 — an estimate that varies by county and complexity.
How do you avoid California's statutory probate fees?
Probate fees are only charged on assets that pass through probate. The most complete solution for California homeowners is a revocable living trust: assets titled in the trust pass directly to your beneficiaries under your successor trustee's management — no court, no statutory fee, no public record, typically in weeks instead of a year or more. Learn how one works in our guide to living trusts in California.
A trust only works if it's actually funded, and it's not the only tool — small-estate procedures, beneficiary designations, and joint titling each cover parts of the problem. For the full picture, see how to avoid probate in California.
The statutory fee on a $1M estate is $46,000. A funded trust makes it $0.
William AI can guide you through a complete California estate plan — including a living trust — for free. No login or payment required.
Start my estate planFrequently asked questions
How are probate attorney fees calculated in California?
California Probate Code §10810 sets the attorney's fee for ordinary probate services on a sliding statutory schedule: 4% of the first $100,000 of the estate's value, 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. Above $25 million, the court determines a reasonable amount. The executor or administrator is entitled to the same statutory amount again under §10800.
Are California probate fees based on the gross estate or the net estate?
The gross estate. Statutory fees are computed on the value of the estate accounted for by the personal representative, without subtracting mortgages or most other debts. A $1,000,000 home with a $700,000 mortgage is counted at $1,000,000 for the fee calculation — so the combined attorney and executor fee is about $46,000 even though the family's actual equity is only $300,000.
How much does probate cost on a $1 million estate in California?
The statutory fee under §10810 on a $1,000,000 gross estate is $23,000 for the attorney, and the executor is entitled to the same $23,000 under §10800 — $46,000 combined. Add court filing fees, publication, probate referee fees, and certified copies (roughly $1,500–$3,500 in a typical case — an estimate that varies by county), and total costs commonly approach $50,000.
How long does probate take in California?
A typical California probate takes about 9 to 18 months, and contested or complicated estates can take substantially longer. During that time assets are generally frozen under court supervision, and the process is public record.
Who actually pays the probate fees?
The estate pays — which means your beneficiaries pay, because every dollar of statutory fees and court costs comes out of the inheritance before anything is distributed. The fees are paid at the end of the probate, with court approval, before final distribution to heirs.
How do I avoid California probate fees?
The most common tool is a revocable living trust that is properly funded — assets titled in the trust's name pass to your beneficiaries without probate, so no statutory fee is ever calculated on them. Smaller estates may also qualify for California's simplified small-estate procedures, and some assets (retirement accounts, life insurance, joint tenancy property, payable-on-death accounts) bypass probate through their own beneficiary systems.
General information, not legal advice. FreeWillUSA.ai is a free self-help tool and is not a law firm. This page does not create an attorney-client relationship. Statutory fee figures reflect California Probate Code §§10800 and 10810; court costs and timelines are estimates that vary by county and case. This article addresses California; rules can change and other states differ. For a large or complex estate, or specific tax questions, consult a licensed attorney or tax professional before acting.