How Much Does Probate Cost in California? - McLellan Law Group
Trust & Probate | Published October 30, 2026 | McLellan Law Group, LLP
How Much Does Probate Cost in California?
A breakdown of statutory fees, court costs, and practical steps to keep expenses under control.
Bottom Line: Probate in California typically costs 4% to 7% of the gross estate value. For a $1 million estate, expect roughly $46,000 to $60,000 or more in combined attorney fees, executor compensation, court costs, and related expenses. Much of this is set by statute and calculated on the gross value of the estate, not the net value after debts.
How California Calculates Statutory Probate Fees
California is one of a handful of states that sets probate attorney and executor fees by statute rather than leaving compensation entirely to the court's discretion. Probate Code section 10810 establishes a tiered percentage schedule based on the total appraised value of the estate's assets.
Both the attorney and the personal representative (executor or administrator) are entitled to the same fee under this schedule. The fees are calculated independently, meaning you effectively pay the schedule twice.
Statutory Fee Schedule (Prob. Code, sec. 10810)
| Estate Value | Rate |
|---|---|
| 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 | Reasonable amount determined by the court |
What That Looks Like in Practice
| Gross Estate Value | Attorney Fee | Executor Fee | Combined Statutory Fees |
|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
Important: Statutory fees are calculated on the gross value of the estate, not the net value. If a home is worth $1.2 million but carries a $400,000 mortgage, the fee calculation uses $1.2 million. ( Prob. Code, sec. 10810, subd. (b).)
Extraordinary Fees
The statutory schedule covers "ordinary services" only. When a probate involves additional complexity, the attorney or personal representative may petition the court for extraordinary compensation under Probate Code section 10811.
Common situations that may justify extraordinary fees include:
- Litigation or will contests
- Sale of real property during probate
- Handling complex tax returns (estate or income)
- Managing an active business owned by the decedent
- Resolving disputed creditor claims
Extraordinary fees require court approval and must be supported by detailed time records. They can add $10,000 to $50,000 or more depending on the nature of the work involved.
Court Filing Fees and Other Costs
Beyond statutory fees, several additional costs arise during probate. These vary by county but generally include:
| Cost Item | Estimated Range |
|---|---|
| Petition for probate filing fee | $435 to $465 |
| Petition for final distribution | $435 to $465 |
| Certified copies of letters | $25 to $40 each |
| Newspaper publication of notice to creditors | $200 to $400 |
| Probate referee appraisal (0.1% of non-cash assets) | Varies |
| Formal real estate appraisal | $400 to $1,000 per property |
| Surety bond premium (0.5% to 1% of bond amount/year) | Varies |
For a $1 million estate, total court and administrative costs (excluding statutory fees) typically range from $3,000 to $10,000 or more, depending on whether bond is required, how many properties need appraisal, and the county's specific fee schedule.
Total Cost Example: $1 Million Estate
| Item | Estimated Cost |
|---|---|
| Statutory attorney fee | $23,000 |
| Statutory executor fee | $23,000 |
| Court filing fees | $1,500 to $2,000 |
| Probate referee (0.1% on $900K non-cash) | $900 |
| Real estate appraisal | $600 |
| Newspaper publication | $300 |
| Bond premium (1 year) | $5,000 |
| Miscellaneous (copies, postage, recording) | $300 to $500 |
| Estimated Total | $54,600 to $55,400 |
This does not include extraordinary fees, which can increase the total significantly in contested or complex matters.
Can the Executor Waive Their Fee?
Yes. A personal representative may voluntarily waive their statutory compensation. Family members who serve as executor sometimes choose to waive fees to preserve estate assets for beneficiaries. However, the attorney's fee is separate and is not affected by the executor's decision to waive compensation.
How to Reduce Probate Costs in California
Small Estate Procedures
Estates valued at $208,850 or less (for deaths on or after April 1, 2025) may qualify for simplified transfer procedures under Probate Code section 13100. These small estate affidavits can avoid formal probate entirely for qualifying personal property. (Needs verification: this threshold amount is based on the Judicial Council's published adjustment and applies to personal property, cash, and cash equivalents.)
Real Property Petition
For real property in a small estate, a petition under Probate Code section 13150 may allow transfer without full probate administration, though the specific eligibility rules and property value limits should be confirmed with an attorney.
Living Trust Planning
The most effective way to avoid probate costs is estate planning done before death. A properly funded revocable living trust transfers assets outside of probate entirely. For families in the Bay Area, where even a modest home may be worth $1 million or more, the savings can be substantial.
Additional Strategies
- Beneficiary designations on retirement accounts, life insurance, and TOD/POD accounts bypass probate
- Joint tenancy with right of survivorship on real property avoids probate for the surviving owner
- Community property with right of survivorship (for married couples) can simplify transfers
- Requesting bond waiver in the will can eliminate annual bond premiums
How Long Does Probate Take in California?
Most probate cases in California take 12 to 24 months. Contested matters, estates with complex assets, or counties with heavy court calendars may take longer. During this time, carrying costs on real property (mortgage payments, insurance, property taxes, maintenance) continue to accumulate and are paid from estate funds.
Frequently Asked Questions
Are probate fees negotiable in California?
The statutory fee schedule sets the default compensation. However, an attorney and client may agree to a different fee arrangement, either higher or lower, through a written fee agreement. Any fee arrangement must comply with the requirements of Business and Professions Code sections 6147 and 6148.
Who pays the probate attorney fees?
Probate fees are paid from estate assets, not from the personal funds of the executor or beneficiaries. The court approves the fees before distribution, and they are paid as part of the estate administration.
Does the executor have to use an attorney?
California does not legally require an executor to hire an attorney. However, probate involves strict procedural deadlines, court filings, and accounting requirements. In practice, most executors retain counsel to avoid personal liability for errors in administration.
What if the estate does not have enough cash to pay fees?
If the estate lacks liquid assets, it may be necessary to sell estate property (often real estate) to cover administration costs. The personal representative can petition the court for authority to sell property during probate.
Can I avoid probate with a transfer-on-death deed?
California's revocable transfer-on-death deed (Prob. Code, secs. 5600 to 5696) allows homeowners to name a beneficiary who will receive the property outside of probate. However, this tool has limitations and may not be appropriate for every situation. Consult an attorney before recording a TOD deed.
Questions About Probate Costs in California?
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About the Authors
Claire Melehani, Esq.
Founding Partner
Founding partner at McLellan Law Group with experience advising California families on estate administration, trust disputes, and probate proceedings throughout Silicon Valley.
Steven McLellan, Esq.
Founding Partner
Founding partner at McLellan Law Group, whose practice focuses on trust litigation and civil disputes throughout Silicon Valley and Santa Clara County.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Consult a licensed California attorney for advice specific to your situation. McLellan Law Group, LLP · 20665 4th Street, Ste. 202, Saratoga, CA 95070 · (408) 963-7533
