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.
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.
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 estate | Rate |
|---|---|
| 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 | An 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 mattersA 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 to | Attorney, up to | Both combined, up to | Referee 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
| Cost | Amount (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 each | For example, to sell property, to approve an account, or to approve compensation |
| Certified copy of letters | $40 plus $0.50 per page | Banks and title companies each usually want one |
| Probate referee | 0.1% of the appraised non-cash assets, plus expenses | 0.1% rate (§8961); $75 minimum, $10,000 maximum, and the court may allow more (§8963) |
| Newspaper publication | Varies | Notice must be published (§8120–8121); the newspaper sets the price |
| Bond premium | Varies | A 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:
| Route | Who it fits | Court cost | ProbateClear 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 petition | Property passing to a surviving spouse or registered domestic partner | $435 filing fee ($450 in Riverside and San Francisco) | $700 |
| Affidavit – Death of Joint Tenant | Real property held in joint tenancy, after the first owner dies | County recording fee only | $200 |
| Heggstad petition | A 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.
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Not sure where to start? Read Do I Need Probate in California?