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California probate fees, calculated

In a California probate, the attorney's and the personal representative's ordinary fees are each set by statute (Probate Code sections 10800 and 10810). The fee is a percentage of the gross value of the probate estate. Mortgages and other debts are not subtracted.

Enter a value to see the fees.

The statutory schedule

Portion of the estateRate
First $100,0004%
Next $100,0003%
Next $800,0002%
Next $9,000,0001%
Next $15,000,0000.5%
Above $25,000,000Reasonable amount set by the court

Examples

Gross estateAttorney feeExecutor feeTotal
$500,000$13,000$13,000$26,000
$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

A family member serving as executor can waive the executor's fee. Many do, because the fee is taxable income while an inheritance generally is not.

Costs on top of fees

  • Court filing fees for each petition
  • Newspaper publication of the notice of hearing
  • The probate referee's appraisal fee, about one tenth of one percent of the assets the referee values
  • A bond premium, unless the will or the heirs waive bond
  • Certified copies of Letters and recording fees

Extraordinary fees

Work beyond ordinary administration, such as litigation, tax disputes, or some real estate sales, can support an additional fee. Extraordinary fees require a court order and notice to the heirs.

Ways to pay less

Statutory fees apply only to a full probate. A spousal property petition, the $750,000 primary residence petition, or a trust administration is usually far less expensive. Checking those options first is the single biggest cost saver.

Talk it through before you file anything. A free 20-minute call is usually enough to tell you whether you need probate, a shorter court petition, or no court at all. Request a consultation or call [PHONE].
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