California probate fees are not negotiable and they are not based on how much work the case takes. They are set by statute on the gross value of the estate, which means the value before you subtract the mortgage. Enter an estate value below and this calculator shows the ordinary statutory fees a California estate would pay under Probate Code sections 10810 and 10800, plus the Ventura County court costs on top. It is the number a funded living trust is designed to avoid.
Example: a $1,200,000 home with a $900,000 loan on it still counts as $1,200,000. The bank’s share is included in the fee.
Estimate only, for ordinary fees on estates up to $25 million. Above $25 million the court sets the fee. This is general information, not legal advice.
How California probate fees are calculated
Two people get paid on the same statutory scale in an ordinary California probate: the attorney and the executor (the person who administers the estate). Each is entitled to the amount below, calculated on the gross value of the estate under Probate Code section 10810 for the attorney and section 10800 for the executor. Gross value means before debts. A mortgage does not lower it.
| Portion of the estate | Statutory 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 | Set by the court |
That is the ordinary fee. A probate can also generate extraordinary fees for extra work like selling real estate or handling a will contest, plus court filing fees, a probate referee’s appraisal, and publication costs. The calculator above uses the ordinary fee plus a rough Ventura County court allowance; the real total is usually higher, not lower.
Worked examples for a Ventura County home
These are the numbers families actually face here, where a modest house clears seven figures.
A $700,000 estate
Attorney fee: $17,000. Executor commission: $17,000. Ordinary total around $34,000 before court costs. But note: if the estate is a primary residence at or under $750,000, the AB 2016 petition may move it out of full probate entirely, which is why the value matters so much right at this line.
A $900,000 estate
Attorney fee: $21,000. Executor commission: $21,000. Ordinary total around $42,000 before court costs. This is over the $750,000 residence shortcut, so without a trust, full probate is the likely path.
A $1,200,000 estate
Attorney fee: $25,000. Executor commission: $25,000. Ordinary total around $50,000 before court costs. If that $1,200,000 home carries a $900,000 mortgage, the fee is still figured on $1,200,000, not on the $300,000 of real equity. The family pays on the bank’s share.
What this means next to a living trust
A funded revocable living trust avoids probate for every asset actually titled into it. No statutory fee, no year in open court, no public file. That is the entire point of the trust, and it is why the honest comparison is never the trust’s price against an online form. It is the trust’s price against the probate number above, multiplied by the odds the cheap plan quietly failed because the house was never moved in. An unfunded trust lands the family in this same probate, which is the outcome it was bought to prevent.
Probate cost calculator FAQs
How much does probate cost in California?
Ordinary statutory fees are set on the gross estate value under Probate Code sections 10800 and 10810. On a $1,000,000 estate that is about $23,000 to the attorney and $23,000 to the executor, roughly $46,000 before court costs. On a $900,000 estate it is about $42,000. A mortgage does not reduce the calculation.
Are California probate attorney fees negotiable?
The ordinary fee is set by statute, not by the attorney, so the base number is the same wherever you go. What varies is extraordinary fees and how efficiently the case is run. The larger point is that a funded trust avoids the statutory fee altogether on the assets it holds.
Does a mortgage lower the probate fee?
No. Probate Code section 10810 computes the fee on gross value, without reference to encumbrances. A $1,200,000 home with a $900,000 loan is treated as $1,200,000. The bank’s portion counts against the family’s fee.
Can I avoid these fees?
Usually, yes, with planning. A funded living trust avoids probate on whatever it holds. For estates without a trust, the AB 2016 petition (primary residence up to $750,000) and the small-estate affidavit (personal property up to $208,850) can move smaller estates out of full probate. Above those limits, without a trust, full probate is the likely path.
Related reading: the full 2026 guide to California probate costs, California’s $750,000 home probate shortcut (AB 2016), what a living trust actually costs, and how to check whether your trust is really funded.
If you want to know which path your family is actually on, that is a short conversation. Eric D. Ridley has practiced California estate planning, trust administration, and probate since 2010, out of Port Hueneme, serving Ventura, Santa Barbara, and Los Angeles Counties, plus the rest of the state by phone or Zoom. The first consultation is about 60 minutes, free, and with Eric. Call (805) 244-5291.
This is general information, not legal advice. The calculator gives an estimate of ordinary fees and does not account for extraordinary fees, bond, appraisal, or the specifics of your estate.
Written by Eric D. Ridley. Estate Planning Attorney at Ridley Law, serving Ventura County since 2010. Learn more about Eric →
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