When families hear “probate fees,” they often imagine an unknowable number. The truth is that California sets the core attorney and executor fees by statute, on a sliding scale tied to the estate’s value. Here is how that math actually works, with a worked example.
The statutory fee schedule
Under California Probate Code §10810 (attorney) and §10800 (personal representative), each is entitled to a fee calculated on the same sliding scale, applied to the value of the estate accounted for:
- 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
- 0.5% of the next $15,000,000
- Amounts above that are set by the court.
Key point: these percentages apply to the gross value of the estate, generally without subtracting the mortgage. A home worth $800,000 with a $500,000 loan is still counted toward the fee at its gross appraised value, not the $300,000 of equity. That surprises a lot of families, so it is worth planning around.
A worked example
Suppose the main asset is a Conejo Valley home appraised at $900,000, plus $50,000 in other assets — a $950,000 estate. The statutory fee for the attorney would be calculated as:
- 4% of the first $100,000 = $4,000
- 3% of the next $100,000 = $3,000
- 2% of the next $800,000 — but only $750,000 remains, so 2% of $750,000 = $15,000
- Attorney statutory fee ≈ $22,000.
The personal representative is entitled to the same amount under the parallel schedule, so the two combined would be roughly $44,000 on this estate. Again, this is computed on the $950,000 gross figure, even if the home carries a large mortgage. Verify current figures and any extraordinary fees with your attorney.
Other probate costs to expect
- Court filing fees for the petition and related filings (verify current amounts with the court).
- Probate referee fee for appraising non-cash assets — typically a small percentage of the appraised value. See my probate referee process page.
- Publication and certified copy costs.
- Bond premium if the court requires the representative to post a bond.
- Extraordinary fees for unusual work (litigation, tax issues, selling complex property), which the court can award on top of the statutory fee.
- Sale costs — commissions, escrow, title, and repairs — just like any sale. Estimate these with my probate net sheet calculator.
How costs differ from a trust
A properly funded living trust generally avoids the statutory probate fee schedule entirely, which is a major reason families do estate planning in advance. If you are comparing the two, read my probate vs. trust comparison. If a loved one has already passed and the home is in probate, the statutory fees above are the framework to plan around.
To see how the full timeline interacts with cost, pair this with my probate timeline guide.
Frequently Asked Questions
How are California probate attorney fees calculated?
They follow a statutory sliding scale in Probate Code §10810: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. The personal representative is entitled to the same amount under §10800. Verify the current statute with your attorney.
Are probate fees based on equity or gross value?
Generally on the gross value of the estate, not the equity. A home is counted at its appraised value without subtracting the mortgage. That means a heavily mortgaged but high-value home can generate a larger statutory fee than its equity might suggest, which catches many families off guard.
Can probate fees be higher than the statutory amount?
Yes. Courts can award extraordinary fees on top of the statutory amount for unusual work such as litigation, tax complications, or selling difficult property. There are also court filing fees, probate referee fees, publication costs, and possible bond premiums. Confirm all current amounts with your attorney and the court.
Does a living trust avoid these fees?
A properly funded living trust generally avoids the statutory probate fee schedule, which is a key reason families set one up in advance. If the home is already in probate, those statutory fees usually apply. My probate vs. trust page compares the two paths for planning families.
How much does the probate referee cost?
The probate referee’s fee for appraising non-cash assets is typically a small percentage of the appraised value plus expenses, set by statute. Confirm the current rate and any minimum with the referee or your attorney. My probate referee process page explains how the appraisal works.
Is this a substitute for advice from an attorney or CPA?
No. I am a REALTOR®, not an attorney or CPA. This explains the statutory framework so you can plan a sale, but fee statutes and court costs change. Confirm the exact numbers for your estate with a California probate attorney and a tax professional.
