Total probate costs typically range from 4-7% of the gross estate value, including statutory attorney fees, executor fees, court costs, and appraisals.
California Probate Code Section 10810 sets statutory fees: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million.
Yes. The executor (or administrator) is entitled to the same statutory fee schedule as the attorney — effectively doubling the statutory costs.
Gross value. If a home is worth $1 million but has a $700,000 mortgage, probate fees are calculated on the full $1 million.
Yes. A properly funded living trust, payable-on-death accounts, and joint tenancy allow assets to bypass probate. If your loved one has already passed there are still probate alternatives available in some cases.
One of the most common questions we hear from families at our firm is: how much does probate cost in California? The short answer is that it depends on the size of the estate. But unlike most states, California does not leave probate fees up to negotiation. The state publishes a statutory fee schedule that determines exactly what probate attorneys and executors can charge.
This guide breaks down every cost involved in California probate; statutory attorney fees, executor fees, court costs, appraisal fees, and other expenses. It gives real dollar examples so you know exactly what to expect. Whether you are planning ahead to avoid probate or currently navigating the process after a loved one’s passing, understanding these costs is critical to protecting your family’s inheritance.
California is one of the few states that sets probate attorney fees by statute rather than allowing attorneys to charge hourly rates or flat fees. Under California Probate Code Section 10810, both the attorney and the executor (or administrator) are each entitled to fees based on the gross value of the estate:
| Gross Estate Value | Fee Percentage |
| 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 |
The critical detail that surprises most families: both the attorney and the executor are each entitled to this full fee schedule. That means the statutory fees effectively double.
Here is what California probate fees look like for estates of different sizes, showing both the attorney fee and the executor fee:
| Gross Estate Value | Attorney Fee | Executor Fee | Total Statutory Fees |
| $250,000 | $6,500 | $6,500 | $13,000 |
| $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 |
Remember: these fees are based on the gross value of the estate, not the net value. If the decedent owned a home appraised at $1 million with a $700,000 mortgage, probate fees are calculated on the full $1 million. The mortgage balance is irrelevant to the fee calculation.
Statutory attorney and executor fees are the largest expense, but they are not the only costs involved in California probate. Families should also expect:
When you add these costs together, total probate expenses for a $1 million estate in California can easily reach $50,000 to $60,000 or more — money that would otherwise go to your family.
The most effective way to avoid California probate fees is to keep assets out of probate altogether. Here are the most common strategies our estate planning lawyer recommends:
For a detailed look at all available options, visit our page on probate alternatives in California.
Probate attorney fees are generally paid from the estate itself, not out of pocket by the personal representative. This means families do not face large upfront legal expenses to get the probate process started.
Whether you are navigating probate after a loved one’s passing or planning ahead to help your family avoid it, we can help you understand your options and protect as much of the estate as possible for the people who matter most.
For more help on where to start read our step-by-step checklist on what to do when someone dies in California.
Book a free initial call at The Werner Law Firm, PC. with our probate team today and let us help you navigate the probate process.
Founded in 1975 by L. Rob Werner and serving California for over 50 Years, our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.
Whether you need help creating a living trust or navigating probate, our living trust law firm's compassionate team of estate planning lawyers and probate lawyers are here to help you and ready to answer your questions.
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