What Probate Actually Costs in California

What’s inside the guide

• How California’s statutory probate fee schedule is calculated on the gross value of an estate
• What the personal representative and the estate’s attorney are each entitled to collect under that schedule
• A worked example showing the real dollar cost on a $1,000,000 estate
• How long a typical California probate case runs, from appointment to closing
• The point at which setting up a trust costs less than paying the statutory probate fees

How much does probate cost in California?

California sets the probate fee by statute, calculated on the gross value of the estate rather than what’s actually owned free and clear: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and lower percentages above that. The estate’s attorney is entitled to an identical fee, calculated separately on the same schedule, so both fees come out of the estate. On a $1,000,000 estate, that ordinary schedule produces roughly $46,000 total, before court costs or extraordinary fees. Prob. Code §§10800, 10810.

How long does probate take in California?

Most California probate cases take twelve to eighteen months from filing to final distribution. Estates with real property to sell, disputed heirs, or tax complications tend to run toward the longer end of that range.

Does a mortgage lower the probate fee?

No. The statutory fee is calculated on the gross value of the estate, without reference to encumbrances, so a mortgage or other debt against the property does not reduce what the personal representative or the attorney is paid. Prob. Code §10800(b).

Run your own numbers with our probate calculator.