California Probate Fee Calculator

Enter a gross estate value to see the California statutory probate fees. Both the estate’s attorney and the personal representative (executor or administrator) receive this amount, so the total cost to the estate is double what you see for one. On a median Ventura or Los Angeles County home, that comes to roughly $46,000 in statutory fees and twelve to eighteen months in court. A funded living trust prevents the entire amount.

How California Statutory Probate Fees Are Calculated

California Probate Code §10810 sets the attorney fee schedule. Probate Code §10800 sets the personal representative’s fee on the same scale. Both are calculated on the gross value of the probate 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
• A reasonable amount above $25,000,000, determined by the court

“Gross value” means the full fair market value of the assets, without subtracting mortgages, liens, or other debts. A home appraised at $800,000 with a $600,000 mortgage generates fees based on $800,000. Prob. Code §10800(b).

Probate Fees on a $1 Million Estate in California

On a $1,000,000 estate, the statutory fee schedule produces:

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $800,000 = $16,000
• One fee: $23,000

The attorney and executor each receive $23,000. Total statutory probate fees on a $1 million California estate: $46,000. That does not include court costs, the probate referee appraisal, publication fees, or any extraordinary compensation the court may award. For a detailed breakdown of all these costs, read our probate costs guide.

What Else Probate Costs in California

The statutory fees above are the largest line item, but not the only one. A California probate estate also pays:

• Court filing fee: roughly $435–$570, depending on the county
• Probate referee appraisal: 0.1% of the appraised value of non-cash assets
• Notice to creditors (publication): $200–$400
• Surety bond (if required): varies by estate size
• Extraordinary fees: the court may award additional compensation above the statutory schedule for contested matters, tax work, or real property sales

If the estate is small enough to qualify, California’s small estate procedures can avoid formal probate entirely. As of April 1, 2025, the threshold is $208,850 for personal property and $750,000 for a primary residence. Prob. Code §13100; Code Civ. Proc. §1184. Use our probate procedure screener to check which procedure applies to a specific estate.

How Long Does Probate Take in California?

Most California probate cases take twelve to eighteen months from the initial petition to final distribution. Estates with real property to sell, contested claims, or federal estate tax complications tend to run longer. If you are the person responsible for managing this process, our first 30 days after a death guide covers the immediate steps, and our probate page explains how the full court process works.

Executor and Attorney Fees: Who Gets Paid

The personal representative (executor if named in a will, administrator if appointed by the court) and the probate attorney each receive the full statutory fee under separate code sections. They may also petition for extraordinary compensation when the work goes beyond what the ordinary fee covers. The court must approve any extraordinary amount before it is paid. For a fuller discussion of executor and trustee pay, the tax treatment, and the decision of whether to take the fee at all, see our executor and trustee compensation guide.

How a Living Trust Eliminates Probate Fees

A properly funded living trust passes assets directly to the beneficiaries without a court petition, statutory fees, or a twelve-to-eighteen-month wait. The estate stays private. Heirs receive their inheritance in weeks instead of a year or more. The trust funding step is what makes this work: a trust that exists on paper but holds no assets provides no probate avoidance at all.

That number is optional.

A funded living trust is what prevents it. $4,100 flat fee for a married couple, $3,700 for one person, quoted in writing before any work starts.

Talk to Eric

I’m Eric Ridley, an estate planning attorney in Port Hueneme serving families across Ventura, Santa Barbara, and Los Angeles Counties.