California Probate Cost Calculator
Enter the value of the estate to see what probate will likely cost in California. The attorney and executor fees are set by statute, so these numbers are usually close. Court costs are estimates.
Enter an estate value to see the estimate.
This is an estimate of ordinary probate costs under California Probate Code §§ 10800 and 10810 and § 8961. It does not include extraordinary fees the court may approve for work like selling real estate or litigation, bond premiums, or appraisal, tax preparation, and realtor costs. It assumes a formal probate is required. Smaller estates may qualify for a simpler process. It is general information, not legal advice, and using it doesn't create an attorney-client relationship.
How Probate Fees Work in California
Most of what probate costs in California isn't decided by the attorney. The Probate Code sets the attorney's fee (§ 10810) and gives the executor a matching fee on the same schedule (§ 10800). Both are paid out of the estate before anyone inherits.
The schedule is graduated, a lot like tax brackets. Each rate applies only to the slice of the estate that falls in that range:
| Portion of the estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 (up to $1 million) | 2% |
| Next $9 million (up to $10 million) | 1% |
| Next $15 million (up to $25 million) | 0.5% |
| Above $25 million | Set by the court |
Probate Cost Examples
Here's what the schedule produces at a few common estate sizes. In the Coachella Valley, a paid-off home and a couple of accounts can easily land an estate in the $500,000 to $1 million range.
| Gross estate | Attorney | Executor | Both |
|---|---|---|---|
| $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 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
Court costs come on top of these numbers.
The Fee Is Based on Gross Value, Not Equity
The statutory fee is figured on the appraised value of what the estate owns, with no deduction for loans against it. Say Mom's house in Palm Desert appraises at $800,000 and still has a $500,000 mortgage. The family's equity is $300,000, but the fee is calculated on the full $800,000.
That value comes from the probate referee's appraisal, filed with the court on the Inventory and Appraisal. It isn't the Zillow number or the property tax assessment.
Other Probate Court Costs
- Court filing fee. About $450 to file the Petition for Probate.
- Probate referee. The court appoints a referee to appraise everything except cash. The fee is 0.1% of the appraised value, with a $75 minimum and a $10,000 maximum (Probate Code § 8961).
- Newspaper publication. California requires notice of the petition to run in a local newspaper. The cost depends on the paper.
- Bond. If the will doesn't waive bond and the heirs don't either, the executor may need a bond, which carries a yearly premium.
When Probate Costs More Than the Statutory Fee
The statutory fee covers ordinary work. For extra work, the attorney or executor can ask the court for additional "extraordinary" fees under Probate Code § 10811. Selling the house, defending a will contest, handling tax issues, or running a business are common examples. The court has to approve these, and there's no set formula.
Does Every Estate Need Probate?
No. A full probate is usually needed only when assets were in the person's name alone, with no beneficiary or co-owner. Smaller estates may qualify for a simpler process instead:
- Small estate affidavit. If personal property (accounts, vehicles, and so on) totals $208,850 or less, heirs can often collect it with a sworn declaration and no court case.
- Primary residence petition. A home worth $750,000 or less can sometimes pass through a shorter court petition instead of a full probate.
This calculator assumes a full probate. If you aren't sure which applies, that's a quick question to ask on a consultation.
How to Avoid Probate Fees
The way to avoid probate fees is to keep assets out of probate. A revocable living trust does that, but only if the house and accounts are actually retitled into it. A signed trust with nothing in it doesn't help. Beneficiary designations on retirement accounts and life insurance, payable-on-death bank accounts, and joint tenancy also pass assets outside probate.
For most families, setting up a trust costs a fraction of what probate would. See how estate planning works.
Probate Cost FAQs
Who pays the probate attorney?
The estate does. The fee comes out of estate assets, so the executor doesn't pay it personally. In effect, it reduces what the heirs receive.
Can the executor waive their fee?
Yes. It's common when the executor is also the main beneficiary, since the executor fee is taxable income and an inheritance generally isn't.
How long does probate take?
Often a year or more, depending on the court's calendar and whether anything gets contested or a house has to be sold.
Does a will avoid probate?
No. A will tells the court who should inherit, but the estate still goes through probate. A funded trust is what avoids it.