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 Probate Code and by the Judicial Council fee schedule, not by the law firm. Here is the whole bill, tier by tier, with the statute or the official fee schedule behind every number.
Free consultation. The estate pays statutory fees at the end — not you, up front.
At a glance
- Set by
- Probate Code section 10810 and section 10800
- $1M estate
- $23,000 per side in statutory fees
- Court filing fee
- $435 statewide, $450 in Riverside and San Francisco
- Fee base
- Inventory appraisal, plus receipts and gains on sale
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 commission + two $435 filings
- $1,870
- Estimated total if both fees are claimed
- $47,870
See how this number was built
The math, tier by tier
Each tier of the statutory schedule applies only to the part of the estate value that falls inside it. The same tiers set the attorney fee and the personal representative's compensation, and the referee commission and the two court filing fees are listed below the statutory fee.
| Tier | Fee |
|---|---|
| 4% of the first $100,000 | $4,000 |
| 3% of the next $100,000 | $3,000 |
| 2% of the next $800,000 | $16,000 |
| Statutory fee, each side (§10810 attorney, §10800 personal representative) | $23,000 |
| Referee commission, 0.1% of $1,000,000 (§8961) | $1,000 |
| Two $435 court filing fees | $870 |
| Estimated total if both fees are claimed | $47,870 |
Estimates only, based on the Probate Code section 10810 and section 10800 schedule, the section 8961 referee commission with the section 8963 floor of $75 and ceiling of $10,000, and the $435 statewide filing fee in the Judicial Council fee schedule effective January 1, 2026. Extraordinary fees, bond premiums, publication costs, and the Riverside and San Francisco surcharge 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 is the part that surprises families most. The percentages do not apply to what the heirs receive. Probate Code sections 10800(b) and 10810(b) define the value as the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. An $800,000 house carrying a $600,000 mortgage is fee'd as $800,000 of real property, and rent collected on that house during administration is added on top. 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. Some family members serving in the role do, because compensation for serving is taxable income while an inheritance generally is not. The attorney fee stays.
The fee tiers, with a worked example.
The same tiers govern statutory probate fees for the attorney and for the executor. 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 administration costs show up along the way and are ultimately borne by the estate. The filing fees below are the amounts in the Superior Court of California Statewide Civil Fee Schedule effective January 1, 2026.
- Petition for probate $435 The first-filed petition for letters of administration or letters testamentary, under Government Code section 70650. Riverside and San Francisco charge $450 because of a local courthouse construction surcharge.
- Later petition for the account and fees $435 A petition filed after letters issue, including one that settles a fiduciary’s account or asks the court to approve attorney or representative compensation, under Government Code section 70658.
- Probate referee 0.1% of the value appraised The court-appointed referee appraises the non-cash assets. Probate Code section 8961 sets the commission at one-tenth of one percent plus actual and necessary expenses, and section 8963 holds it to no less than $75 and no more than $10,000 for any one estate unless the court allows more.
- Publication of notice Varies by newspaper Notice of the case must run in a local paper before the first hearing. The newspaper bills the estate directly.
- Bond premium Varies by estate size Required unless the will waives bond or all beneficiaries agree to waive it.
- Certified copies and recording fees Varies by county Certified letters for the banks and the brokerages, plus county recorder fees when real property is distributed at the end.
- Request for special notice $40 Filed by a beneficiary or a creditor who wants copies of the filings in the case, under Probate Code section 1250.
Someone usually advances these before estate funds are available, often the person who filed the petition for probate. Keep the receipts. Estate reimbursement is standard once an estate account is open, and the final accounting squares it all up before final distribution to the heirs and beneficiaries.
What the smaller procedures cost to file
Not every estate needs a full probate, and the court charges very different amounts for the smaller procedures. These come from the same Judicial Council fee schedule, so you can weigh them against the statutory fees above before choosing a path.
- Affidavit Re Real Property of Small Value, form DE-305 $45
- Petition to determine succession to real property, Probate Code section 13151 $435
- Spousal or domestic partnership property petition $435, or no additional fee if it is filed in a probate case already open
- Petition to set aside an estate of small value, no estate pending $225
- Delivery of the will to the court after death $50
The small estate affidavit under Probate Code section 13100 is not on this list because it is never filed with the court. It goes straight to the bank, the brokerage, or whoever else is holding the property, so it carries no court filing fee at all.
The filing fees on this page come from the Judicial Council of California Statewide Civil Fee Schedule effective January 1, 2026, and the percentages and rules come from the California Probate Code sections cited above. Court fees change. Confirm the current amount with the superior court where the case will be filed.
Extraordinary fees
When the bill can grow past the schedule.
The statutory schedule covers ordinary compensation, meaning ordinary estate administration, even under independent administration where the personal representative acts with less court supervision. Work beyond the ordinary is billed as extraordinary services: will contests and other litigation, defending creditor claims, selling real property, and tax problems.
Extraordinary fees are not automatic. Probate Code section 10811 lets the probate court allow extraordinary compensation in an amount the court determines is just and reasonable, and only after notice and a hearing. Work performed by paralegals under an attorney's direction and supervision counts toward it. A contingency arrangement for extraordinary services is possible only under a written agreement that satisfies Business and Professions Code section 6147, and only if the court approves it after notice and a hearing. Extraordinary compensation cannot be collected without that court order.
There is one thing the personal representative and the attorney cannot agree to. Probate Code section 10813 makes an agreement between them for higher attorney compensation than the statutory schedule void. If an office quotes a premium over the schedule for ordinary estate administration, that agreement has no legal effect. Ask two questions before any extra work starts: what falls outside the ordinary scope in this estate, and how will it be billed. A straight answer in writing up front 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 value accounted for through the section 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 probate referee’s 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 is also why so much of estate planning exists. Trust assets, property held in joint tenancy, and anything 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.
- The fee base is the inventory appraisal plus gains on sales and receipts, without reference to mortgages or other debts.
- Two statutory fees can apply, one for the attorney and one for the personal representative. Representatives can waive theirs.
- An agreement for higher than statutory attorney compensation for ordinary services is void under section 10813.
- 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 the 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 the value accounted for, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on the larger tiers, with the court setting a reasonable amount above $25,000,000. On a $1,000,000 estate that is $23,000, and both the attorney and the personal representative can claim it. Court filing fees, publication, and the probate referee’s commission are separate.
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 first-filed petition for letters of administration or letters testamentary carries a $435 fee in the Judicial Council of California Statewide Civil Fee Schedule effective January 1, 2026. Riverside and San Francisco charge $450 for that first paper because of a local courthouse construction surcharge. A later petition that settles the account or asks the court to approve fees carries its own $435 fee. Publication, certified copies, and the probate referee’s commission come on top of the filing fees.
How do I calculate probate fees in California?
Start with the appraised value of the property in the inventory, add gains over the appraisal value on sales and any receipts, subtract losses on sales, and do not subtract mortgages or other debts. Apply the section 10810 schedule to that number, double it if both statutory fees are claimed, then add the filing fees and the referee’s commission. The probate fee calculator above does the arithmetic for you.
How long does probate take in California?
California law sets an outside marker rather than a typical length. Probate Code section 12200 requires the personal representative to either petition for final distribution or file a report on the status of administration no later than one year after letters are issued, or eighteen months if a federal estate tax return is required. Many estates finish inside that window. Contested cases, real property sales, and creditor disputes push past it, and every extra month means more notices, more certified copies, and more months of carrying the property.
How much is the executor fee in California?
The executor fee, which the Probate Code calls compensation of the personal representative, uses the same schedule as the attorney fee. Probate Code section 10800 sets it at 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000, with the court determining a reasonable amount above $25,000,000. On a $1,000,000 estate that is $23,000. A family member serving in the role may waive the compensation, and some do because compensation for serving is taxable income while an inheritance generally is not.
Can a California probate attorney charge more than the statutory fee?
Not for ordinary services. Probate Code section 10813 makes an agreement between the personal representative and the attorney for higher attorney compensation than the statutory schedule void. Additional compensation is possible only for extraordinary services under Probate Code section 10811, in an amount the probate court determines is just and reasonable after notice and a hearing.
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 2016 · Roseville