What probate really costs, straight from the statute.
On a $1,000,000 estate, the statutory fee is $23,000 — and it can be charged twice, once for the attorney and once for the personal representative. California probate fees are set by the California Probate Code, not by the law firm. Here is the whole bill, tier by tier.
Free consultation. The estate pays statutory fees at the end — not you, up front.
At a glance
- Set by
- Probate Code §10810 & §10800
- $1M estate
- $23,000 per side in statutory fees
- Court filing fee
- $435 to open, $435 to close
- Based on
- Gross estate value — debts don't reduce it
Put your number in. See the real bill.
Enter the gross estate value and the probate fee calculator applies the statutory schedule the probate court uses. No email required.
- Statutory attorney fee (§10810)
- $23,000
- Personal representative (§10800)
- $23,000
- Referee (0.1%) + two $435 filings
- $1,870
- Estimated total if both fees are claimed
- $47,870
Estimates only, based on the Probate Code §10810/§10800 schedule, the §8961 referee commission, and the $435 statewide filing fee as of August 2026. Extraordinary fees, bond premiums, publication costs, and county surcharges are extra. Not legal advice.
Two statutory fees. One schedule. Same estate.
A formal probate generates two big line items. Statutory attorney fees under Probate Code section 10810, and personal representative compensation under Probate Code section 10800 — you'll also hear that second one called executor commissions. The schedules are identical. Both can be claimed on the same case.
Plenty of fee pages quote you only the attorney side. That's half the real number.
Here's the part that surprises families most: the percentages apply to the gross estate value, not the net estate value. A $800,000 house with a $600,000 mortgage is fee'd as $800,000 of real property. The debt changes what the heirs receive. It does not change what the case costs.
The personal representative is a fiduciary and can waive their fee — many family members do, because the compensation is taxable income while an inheritance usually isn't. The attorney fee stays.
The fee tiers, with a worked example.
The same tiers govern statutory attorney fees and executor compensation. The example column prices a $1,000,000 gross estate — each side.
| Estate value tier | Rate | On a $1M estate |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | $16,000 |
| Next $9,000,000 | 1% | — |
| Next $15,000,000 | 0.5% | — |
| Above $25,000,000 | Court-determined | — |
| Total per side | $23,000 |
If both fees are claimed on that $1,000,000 estate, the statutory fees alone reach $46,000 — before a single court cost. That math is why an asset accidentally left out of a living trust is often worth fixing with a Heggstad petition instead of probating it.
The costs that arrive before the fees do.
Statutory fees are paid at the end of the case. These court costs show up along the way — as of August 2026.
- Petition for probate filing fee $435 Paid to the superior court to open the case. Some counties add a surcharge.
- Petition for final distribution filing fee $435 A second court fee near the end of the case.
- Probate referee 0.1% of appraised value The court-appointed referee sets the appraised value of non-cash assets, plus expenses (§8961).
- Publication costs Varies by newspaper Notice of the case must run in a local paper before the first hearing.
- Bond premium Varies by estate size Required unless the will waives bond or all beneficiaries agree to waive it.
Someone usually advances these before estate funds are available — often the person who filed the petition for probate. Keep the receipts. Reimbursement from the estate is standard once an account is open, and the final accounting squares it all up before final distribution to the heirs and beneficiaries.
Extraordinary fees
When the bill can grow past the schedule.
The schedule covers ordinary estate administration — even under independent administration, where the representative acts with less court supervision. Work beyond routine is billed as extraordinary services: will contests and other litigation, defending creditor claims, selling real property, tax problems.
The protection is that extraordinary fees are not automatic. They require court approval, with filings that document the extra work. Nobody just adds them to the invoice.
Worried about being overbilled? That's a fair fear. Ask two questions before any extra work starts: what falls outside the ordinary scope here, and how will it be billed? A straight answer up front — in writing — is what keeps the number honest at the end.
Four steps to a realistic number.
You can price a probate case before you ever file it. Here's the method.
- 01
List the probate assets
Only property that actually goes through estate administration counts — real property and accounts in the decedent’s sole name. Assets in a living trust, in joint tenancy, or with a beneficiary designation pass outside the case.
- 02
Use date-of-death values
Gather deeds, mortgage statements, and bank and brokerage statements. The probate referee will set the appraised value of non-cash assets, but statements get you close enough to estimate.
- 03
Apply the statutory schedule
Run the gross number through the §10810 tiers — or use the probate fee calculator above. Double the result if both the attorney and the personal representative claim their fee.
- 04
Add court costs
Two $435 filing fees, the 0.1% referee commission, publication costs, certified copies, and a bond premium if the will did not waive bond.
Probate is court supervision. Supervision is billable.
Formal probate administration means hearings in the probate court, notice to creditors, published notices, a referee appraisal, an accounting, and months of waiting between each step. With a will or without one — intestate succession follows the same fee rules. The structure is the cost.
It's also why so much of estate planning exists. Assets held in a living trust, in joint tenancy, or passing by beneficiary designation or transfer-on-death deed skip the process entirely. Smaller estates may qualify for the small estate procedure and never open a full case.
One thing to be clear about: we administer estates after a death — we don't draft wills or trusts. If you want planning done, we'll point you to someone good. But if you're standing in front of a probate case right now, read how joint tenancy and executor pay interact with the fee schedule before you make any moves.
Before you start probate.
- Fees follow the statute, not the firm. Any California attorney quoting ordinary probate work quotes the same schedule.
- Gross value drives the fee. Mortgages and debts do not shrink it.
- Two fees can apply — attorney and personal representative. Representatives can waive theirs.
- Court costs arrive early and get reimbursed; statutory fees are paid at the end, with court approval.
- A probate case handled by our office starts with a free consultation and a real fee estimate for your estate — talk to us before you file anything.
What families ask about the cost
Real questions people search before starting a probate case. If yours isn't here, ask it on a free call.
How much does probate cost in California?
Statutory fees run 4% of the first $100,000 of gross estate value, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on larger tiers. On a $1,000,000 estate that is $23,000 — and both the attorney and the personal representative can claim it.
Who pays probate attorney fees in California?
The estate pays, not the family. Statutory attorney fees come out of estate assets at the end of the case, after court approval and usually alongside the petition for final distribution. Heirs do not write a check up front, and the attorney cannot collect the statutory fee early without a court order.
How much does it cost to file for probate in California?
The petition for probate carries a $435 filing fee at the superior court, and a second $435 fee applies to the petition for final distribution. Some counties add a small surcharge. Certified copies, publication costs, and probate referee charges come on top of the filing fees.
How do I calculate probate fees in California?
Add up the appraised value of the probate assets at their date-of-death value, without subtracting mortgages or debts. Apply the §10810 schedule to that number, double it if both statutory fees are claimed, then add filing fees and the 0.1% referee commission. The calculator above does the math for you.
How long does probate take in California?
A routine formal probate commonly runs nine months to a year and a half, and time is a cost driver of its own. Every extra hearing means more notices, more certified copies, and more months of carrying the property. Contested cases and real property sales stretch it further.
Want the real number for your estate? Get it before you file.
Tell us what's in the estate — the house, the accounts, the will if there is one. We'll walk the statutory schedule against your actual numbers, flag anything that avoids probate entirely, and hand you a written estimate. Our probate administration work starts with that free conversation.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Roseville