Probate Costs in California: What You Need to Know
If you’re dealing with the loss of a loved one and are responsible for handling their estate, you’re probably wondering: What are the probate costs in California? This guide breaks down everything you need to know—from court fees and attorney expenses to the total cost of the probate process.
Understanding how much probate costs can help you make smarter decisions, avoid unnecessary expenses, and determine whether you need legal help or estate planning services to protect your family’s assets.
What Are Probate Costs in California?
Probate costs in California refer to the total expenses involved in the legal process of administering a deceased person’s estate. These costs can vary significantly depending on the size of the estate, the county where the probate case is filed, and whether any disputes or extraordinary services are required.
Typical probate fees include:
- Court filing fees
- Probate attorney fees
- Executor or personal representative compensation
- Probate referee fees
- Publication and notice fees
- Other administrative or legal expenses
How Estate Value Impacts Probate Fees
How Is Gross Estate Value Calculated?
California calculates statutory probate fees based on the gross value of the estate, not the net. That means debts and mortgages are not subtracted when determining attorney and executor fees. For example, a home worth $800,000 with a $500,000 mortgage is still considered an $800,000 asset for probate fee purposes.
California Statutory Probate Fees Breakdown
According to the California Probate Code §10810, the standard fee structure is as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- Court discretion for amounts above $25 million
Both the probate attorney and the executor can receive these fees, potentially doubling the cost.
Attorney Fees in California Probate Cases
Statutory Attorney Fees
The probate attorney is entitled to statutory fees based on the gross value of the estate. These fees must be approved by the probate court and are paid directly from the estate assets.
Extraordinary Attorney Fees
If the attorney provides extraordinary services—like selling real estate, handling tax issues, or managing business interests—additional compensation may be approved by the court. These fees must be justified and requested through a formal petition.
Executor and Personal Representative Compensation
Executor and Administrator Fees
The executor (or personal representative) is also entitled to the same statutory fee schedule. These fees are meant to compensate them for their time and responsibility in managing the estate’s affairs.
Extraordinary Services by the Executor
If the executor handles more than just the ordinary services—like dealing with complicated debts, lawsuits, or assets in multiple states—they may qualify for extraordinary compensation, pending court approval.
Other Probate-Related Expenses
Court Filing and Administrative Fees
Each county has its own filing fees, which generally range from $435 to $650. These fees are mandatory when opening a probate case and submitting petitions.
Probate Referee Fees
A probate referee is appointed to appraise the value of non-cash assets. The standard fee is 0.1% of the total appraised value, plus expenses.
Legal Publication Fees
You must publish a notice of the probate case in a legal newspaper to notify creditors and heirs. This can cost between $200–$600 depending on the publication.
Avoiding Probate Costs Through Proper Estate Planning
Why Consider a Living Trust?
Creating a living trust allows your estate to bypass the probate process entirely, saving thousands in attorney fees, court costs, and executor compensation. Assets in a trust can transfer directly to beneficiaries without court involvement.
Other Estate Planning Tools
- Joint ownership
- Pay-on-death (POD) accounts
- Transfer-on-death (TOD) deeds
- Beneficiary designations
These methods can help reduce the size of the probate estate and lower associated probate costs.
Probate Fee Calculator: Estimating Your Costs
How to Use a Probate Fee Calculator
A probate fee calculator can help you estimate the total cost of probate based on your estate’s gross value. It typically includes:
- Statutory attorney and executor fees
- Court filing fees
- Referee and publication costs
Example Probate Calculation
Let’s say Mr. Arrasmith passed away in Los Angeles with the following assets:
- Home: $950,000
- Bank accounts: $100,000
- Personal property: $50,000
Gross value: $1.1 million
Using the statutory schedule:
- Attorney fee: ~$21,000
- Executor fee: ~$21,000
- Other fees: ~$3,000–$5,000
- Estimated total cost: $45,000–$50,000
Special Situations That Impact Probate Fees
Small Estates
If the total estate value is under $184,500 (as of 2025), you may qualify for a small estate affidavit, which significantly reduces fees and avoids formal probate.
Disputes and Delays
Legal disputes between heirs, creditor claims, or unclear wills can increase the complexity—and costs—of probate. These cases often require extraordinary legal services and court hearings, adding to the timeline and expenses.
Probate Fees Can Vary by California County
Different counties in California have different court filing fees, hearing schedules, and even local forms. For example:
- Orange County and Los Angeles tend to have higher filing fees and busier courts
- Smaller counties may have faster hearing dates but require travel if you’re an out-of-area executor
Always check with the probate court in your specific county.
When to Seek Legal Advice About Probate Costs
Do You Need a Probate Attorney?
If the estate is large, contains real estate, or includes complex assets, hiring a probate attorney is usually necessary. They’ll guide you through the probate process, prepare court documents, and help avoid costly mistakes.
Choosing the Right Legal Help
Look for an attorney who specializes in California probate and has experience in your county. Ask about both statutory and extraordinary fees, and whether they offer consultations for estate planning or setting up a living trust.
Final Thoughts: Plan Ahead to Minimize Probate Costs
Understanding probate costs in California can save you from unexpected surprises. With the right planning—like setting up a living trust or using estate planning tools—you can protect your estate assets and ensure your loved ones receive their inheritance without unnecessary delays or expenses.
Get Help with Probate or Estate Planning
Want to avoid the hassle and cost of probate? We can connect you with professionals who understand the California probate code and can help you protect your estate.
Contact us today for a free consultation and see how we can guide you through this process.
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