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Guide · California Probate

California Probate Fees Calculator (2026): Attorney, Executor & Court Costs

Enter the estate's value to see California's statutory attorney and executor fees, the court filing fee, and the probate referee's fee. Plus what each fee is based on, when it can be lower, and the cheaper routes a smaller estate may qualify for.

Short answer: California sets probate fees by statute. The personal representative (executor) and the attorney can each be paid up to 4% of the first $100,000 of the probate estate, 3% of the next $100,000, and 2% of the next $800,000, figured on the gross value. On a $1,000,000 estate that is up to $23,000 each, or up to $46,000 combined, before court costs.

Enter the estate's value below to see the statutory fees and the main court costs.

Use what the assets in the probate estate are worth, without subtracting the mortgage. Leave out assets in a living trust, joint tenancy, or with a named beneficiary.

Personal representative's statutory fee (§10800)
up to $23,000
Attorney's statutory fee (§10810)
up to $23,000
Both statutory fees combined
up to $46,000
Filing fee for the petition$450 in Riverside and San Francisco (2026 fee schedule)
$435
Probate referee's appraisal fee (§8961)0.1% of non-cash assets, $75 minimum, $10,000 maximum; assumes everything is non-cash
$1,000
Total before publication, bond premium, and later petitions
up to $47,435

These are ceilings, not bills. A personal representative may waive the fee, and an attorney may agree to charge less. An agreement to charge more than the statute is void. Extra work, such as selling a house or defending a lawsuit, can add court-approved extraordinary fees.

If the estate qualifies, a shorter route costs far less

Small-estate affidavit (§13100): for an estate of $208,850 or less (deaths on or after April 1, 2025). No court and no statutory fees. ProbateClear's flat fee: $200.

Succession petition for a home (§13151): for a primary residence worth $750,000 or less (deaths on or after April 1, 2025). One hearing, a $435 filing fee, and the referee's appraisal. ProbateClear's flat fee: $750.

Which route fits depends on how each asset is titled. Your LDA reviews this for your case.

The statutory fee is a sliding percentage of the gross probate estate set by Probate Code §10800 and §10810

The same schedule applies to the personal representative (§10800) and to the attorney (§10810), and each is calculated separately:

Portion of the probate estateRate
First $100,0004%
Next $100,0003%
Next $800,0002%
Next $9,000,0001%
Next $15,000,0000.5%
Above $25,000,000An amount the court decides

The base is the appraised value of the probate estate shown on the inventory, plus gains and minus losses on sales. Mortgages and other debts are not subtracted. Assets that pass outside probate, such as a living trust, joint tenancy, or a payable-on-death account, are not in the base at all.

Why gross value matters

A home worth $1,000,000 with a $700,000 mortgage is counted at the full $1,000,000. That is why estates with a lot of property and little equity often face fees that feel out of proportion to what the family actually inherits.

On a $1,000,000 estate, statutory fees can reach $46,000 before any court cost

Because each side is calculated on the same schedule, the combined ceiling is up to double the one-side figure:

Probate estate (gross)Personal representative, up toAttorney, up toBoth combined, up toReferee fee if all non-cash
$250,000$8,000$8,000$16,000$250
$500,000$13,000$13,000$26,000$500
$800,000$19,000$19,000$38,000$800
$1,000,000$23,000$23,000$46,000$1,000
$2,000,000$33,000$33,000$66,000$2,000

Here is the $1,000,000 line worked out for one side: 4% of the first $100,000 is $4,000; 3% of the next $100,000 is $3,000; 2% of the next $800,000 is $16,000. The total is $23,000.

The statutory amount is a ceiling, so a lower or flat fee is allowed

The schedule is the default for ordinary services when no one agrees to something else. It is not a minimum:

  • Lower fees are allowed. An agreement for more than the statutory amount is void (§10803 for the personal representative, §10813 for the attorney). An agreement for less is not. A "flat-fee probate" from an attorney is a lower fee agreement of this kind.
  • A personal representative may waive the fee entirely. Family members who are also heirs often do.
  • A will can set the compensation for the personal representative or the attorney (§10802, §10812).
  • An attorney who is also the personal representative may take the personal representative's fee, but can also be paid as the attorney only if the court approves it in advance (§10804).
  • Two personal representatives, or two attorneys, split one fee. The ceiling does not multiply (§10805, §10814).

Statutory fees are paid only on a court order. The court may allow a partial payment once four months have passed after letters are issued (§10830), and the rest when the final account is approved (§10831).

Court and third-party costs are added on top of the statutory fees

CostAmount (2026)Notes
Filing fee for the petition for letters$435$450 in Riverside and San Francisco under the 2026 fee schedule
Each later petition$435 eachFor example, to sell property, to approve an account, or to approve compensation
Certified copy of letters$40 plus $0.50 per pageBanks and title companies each usually want one
Probate referee0.1% of the appraised non-cash assets, plus expenses0.1% rate (§8961); $75 minimum, $10,000 maximum, and the court may allow more (§8963)
Newspaper publicationVariesNotice must be published (§8120–8121); the newspaper sets the price
Bond premiumVariesA bond is required unless the will or all beneficiaries waive it (§8480, §8481), and the court can still require one; the surety sets the premium

The calculator above includes the first filing fee and the referee's fee. Publication, the bond premium, and later petitions depend on the county and the estate, so they are listed separately.

Extraordinary fees need a separate court order and are paid on top of the statutory amount

Some work goes beyond ordinary administration. The court may award extraordinary compensation to the personal representative (§10801) or the attorney (§10811) for it.

Extraordinary fees are not automatic. They require a petition (with its own filing fee), a description of the work, and a court order. Contested estates are where these fees tend to grow.

Los Angeles County probate costs follow the same statewide schedule

The statutory fees are the same in every California county. The $435 filing fee applies in Los Angeles County and most others; Riverside and San Francisco charge $450, and San Bernardino charges $435. What differs by county is the cost of newspaper publication, any bond premium, and how long the court calendar takes. See how long probate takes in California.

A smaller estate can often use a shorter route that skips the statutory fees

The fee schedule above applies to a full probate. Many estates qualify for a shorter route with no percentage fee at all:

RouteWho it fitsCourt costProbateClear flat fee
Small-estate affidavit (§13100)Estate of $208,850 or less (deaths on or after April 1, 2025)None. No court; 40-day wait$200
Small-value real property affidavit (§13200)All California real property together worth $69,625 or less (deaths on or after April 1, 2025)$45 filing fee plus referee appraisal; 6-month wait$500
Succession petition for a home (§13151)Primary residence of $750,000 or less (deaths on or after April 1, 2025)$435 filing fee ($450 in Riverside and San Francisco) plus referee appraisal; 40-day wait and a hearing$750
Spousal property petitionProperty passing to a surviving spouse or registered domestic partner$435 filing fee ($450 in Riverside and San Francisco)$700
Affidavit – Death of Joint TenantReal property held in joint tenancy, after the first owner diesCounty recording fee only$200
Heggstad petitionA home that was meant to be in a living trust but was never retitled$435 filing fee ($450 in Riverside and San Francisco)$1,400

Which route fits depends on how each asset is titled and what it is worth. You choose the route; your LDA prepares it at your direction. See California small-estate limits for the full threshold table, including earlier dates of death.

Answering a few questions shows whether you need full probate at all

If the estate needs a full probate, the calculator above shows the ceiling on what it can cost. If it does not, a shorter route replaces those percentage fees with a court filing fee and one flat preparation fee. A registered California Legal Document Assistant prepares the filings at your direction. An LDA is not a lawyer, and if your situation needs legal advice, your LDA will tell you.

Not sure which path is yours?

Answer a few questions about the estate — it takes about 2 minutes.

See Which Path You Need

Not sure where to start? Read Do I Need Probate in California?

Frequently asked

Are California probate fees based on the gross or net value of the estate?
Gross. The statutory fees under Probate Code §§10800 and 10810 are figured on the appraised value of the probate estate, plus gains and minus losses on sales, without subtracting mortgages or other debts. A $1,000,000 house with a $700,000 mortgage is counted at $1,000,000.
Who pays the probate fees?
The estate does. The personal representative's and attorney's fees, the filing fees, and the referee's fee are paid from estate assets, so they reduce what the heirs receive. The statutory fees are paid only after the court orders them: a partial payment may be allowed after four months, and the balance when the final account is approved.
Can the executor's fee be waived?
Yes. A personal representative may waive the fee, and family members who are also heirs often do. A will can also set a different amount. The statutory schedule is a ceiling for ordinary services; an agreement for more than the statute allows is void.
Are trust assets counted in the probate fee?
No. Assets held in a living trust, joint tenancy, or with a named beneficiary (such as a payable-on-death account or a life insurance policy) are not part of the probate estate, so they are not in the fee base. Only the assets that actually go through probate count.
How much does probate cost in Los Angeles County?
The statutory fee schedule and the $435 filing fee for the petition are the same in Los Angeles County as in most of the state. Riverside and San Francisco charge $450 under the 2026 fee schedule. Newspaper publication and bond premiums vary by county and by provider.
How much does probate cost on a $1 million estate in California?
Up to $23,000 for the personal representative and up to $23,000 for the attorney, so up to $46,000 combined, plus a $435 filing fee and a probate referee's fee of up to $1,000 if all the assets need appraising. Publication, a bond premium, and later petitions are extra.

This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.

Not sure which path is yours?

Answer a few questions about the estate — it takes about 2 minutes.

See Which Path You Need
ProbateClear
Simplified California probate — a flat fee, often no court at all. Prepared by California-registered Legal Document Assistants.
ProbateClear is a document-preparation service, not a law firm, and does not provide legal advice or create an attorney-client relationship. Document preparation and independent review are provided by California-registered Legal Document Assistants under Business & Professions Code §6400. ProbateClear is a service of Winsighter, LLC.