When a California home sells through probate, the proceeds do not flow straight to the heirs. A defined stack of statutory fees and court costs comes off the top first — and unlike a normal sale, the attorney and executor fees are set by state law on the gross value of the estate, not the equity. This calculator estimates what actually reaches the heirs after statutory attorney and personal-representative fees (Probate Code §10810 and §10800), the probate referee, court filing and publication costs, ordinary selling costs, and the mortgage payoff. It is an estimate to help you plan; the binding numbers come from your probate attorney's fee accounting and the court.
How California statutory probate fees work
California is one of the few states that sets ordinary probate compensation by statute as a percentage of the estate. Probate Code §10810 governs the attorney's ordinary fee and §10800 governs the personal representative's (executor's or administrator's) ordinary fee. Both use the identical schedule, and — this is the part that surprises families — each is entitled to a full statutory fee. So the combined ordinary compensation is double the schedule below.
| Portion of estate value | Statutory rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 (to $200K) | 3% |
| Next $800,000 (to $1M) | 2% |
| Next $9,000,000 (to $10M) | 1% |
| Next $15,000,000 (to $25M) | 0.5% |
| Above $25,000,000 | Reasonable amount set by the court |
The most important nuance: the fee is calculated on the value of the estate accounted for — essentially the gross fair-market value of the assets, without subtracting the mortgage or other debts. A home appraised at $850,000 with a $400,000 loan still generates statutory fees computed on $850,000 (plus any other probate assets such as bank accounts). Equity is irrelevant to the fee math, even though equity is what determines the net to heirs.
Extraordinary fees can be added on top for non-routine work — will contests, tax matters, litigation, selling a business — but only with court approval. This calculator estimates the ordinary statutory fees only.
Try the probate net sheet calculator
Enter your numbers below. The calculator runs entirely in your browser — nothing is saved or transmitted. Use the gross appraised value of the estate's assets for the fee base (for many estates this is just the home, but add other assets if relevant).
Estimate only. Statutory fees assume a single ordinary fee each for the attorney and the personal representative; extraordinary fees and tax are not modeled. Confirm all figures with your probate attorney and the court. Not legal, tax, or financial advice.
A worked example: $850,000 Simi Valley home in probate
Say the estate's only significant asset is a single-family home appraised at $850,000 at the date of death, carrying a $400,000 mortgage, and it sells for $850,000. Selling costs run 6.5% and the family hires an attorney for an ordinary (not litigated) probate.
- Statutory attorney fee: 4% × $100,000 + 3% × $100,000 + 2% × $650,000 = $4,000 + $3,000 + $13,000 = $20,000.
- Statutory executor fee: the same schedule = $20,000. (An individual family member serving as executor may waive their fee — see below.)
- Probate referee: 0.1% × $850,000 = $850.
- Court filing + publication: roughly $1,800 (petition for probate, petition for final distribution, newspaper publication, certified Letters).
- Selling costs: 6.5% × $850,000 = $55,250.
- Mortgage payoff: $400,000.
Total off the top: ~$497,900. Estimated net to heirs: ~$352,100. Notice that the statutory fees alone ($40,850) exceed what most families expect — and they were calculated on the full $850,000, not the $450,000 of equity.
How to lower the cost legally
A few levers genuinely reduce the cost of a California probate home sale:
- An individual executor can waive their statutory fee. When a son, daughter, or sibling serves as personal representative, they often waive the §10800 fee — partly because it is taxable income to them, while an inheritance generally is not. Waiving it puts that ~$20,000 back into the estate for the heirs.
- Full IAEA authority avoids the court-confirmation overbid. Under the Independent Administration of Estates Act (Probate Code §10400+), full authority lets the representative sell after a Notice of Proposed Action — no confirmation hearing, no 10%-plus-overbid auction that can drag the sale out and unsettle a buyer. Limited authority requires confirmation.
- Avoiding probate entirely. If the home was held in a living trust, it passes outside probate and none of this fee stack applies — a trust sale is far cheaper to administer. As of April 1, 2025 California also raised the small-estate and primary-residence thresholds (the §13150 primary-residence petition limit moved to $750,000), which can keep some estates out of full probate. Confirm current thresholds with an attorney.
- Pricing and condition. Probate homes are often dated. A targeted pre-sale plan — cleanout, light cosmetic work, professional marketing — frequently returns more than it costs, and is where an agent experienced in probate adds the most value.
Full vs. limited authority, and why it matters to the timeline
The single biggest variable in how a probate sale feels is the level of authority the court grants the personal representative. With full authority, the home is marketed and sold much like a normal listing: accept an offer, serve a Notice of Proposed Action giving heirs 15 days to object, and close. With limited authority, the accepted offer must be confirmed at a court hearing, where the property is exposed to an overbid starting at 10% of the first $10,000 plus 5% of the balance above the accepted price — a process that can add 30–45 days and the risk of losing your original buyer.
If you are the personal representative, ask your attorney to petition for full authority where the facts allow it. It usually produces a cleaner, faster, less expensive sale.
What this calculator does not include
- Extraordinary attorney/representative fees for litigation, tax work, or business operations — these require separate court approval.
- Federal or California estate tax — most estates fall under the federal exemption, but large estates and certain situations need a CPA or estate-tax attorney.
- Capital gains — inherited property generally receives a stepped-up basis to date-of-death value (IRC §1014), so a sale near appraised value often triggers little or no gain. Confirm with a CPA.
- Property carrying costs during the 9–18 month administration — insurance, utilities, taxes, maintenance, and any cleanout.
- Creditor claims that must be paid from the estate before distribution.
Frequently Asked Questions
How are California probate attorney and executor fees calculated?
Probate Code §10810 (attorney) and §10800 (personal representative) use the same statutory schedule on the gross estate value: 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. Both the attorney and the executor each receive a full statutory fee, so the combined ordinary fee is double the schedule — about $20,000 each (≈$40,000 combined) on an $850,000 estate.
Are probate fees based on the home value or the equity?
On the gross value, not the equity. The statutory fee is computed on the inventory value of assets without subtracting the mortgage. An $850,000 home with a $400,000 loan still produces fees calculated on $850,000.
What is the probate referee fee in California?
A court-appointed probate referee appraises non-cash assets and is paid 0.1% of the value appraised plus reasonable expenses (Probate Code §8961). On an $850,000 home that is about $850.
What is the difference between full and limited IAEA authority?
Full authority (Probate Code §10400+) lets the representative sell real property without a court-confirmation hearing after a Notice of Proposed Action. Limited authority requires court confirmation and an overbid auction, adding time and cost.
How long does a California probate home sale take?
Roughly 9 to 18 months from petition to final distribution. The home can usually be sold within that window; full authority avoids the confirmation hearing that limited authority requires.
Can probate be avoided?
Often, yes — assets in a living trust pass outside probate, and California's small-estate and primary-residence procedures (raised in 2025) can keep some estates out of full probate. Confirm current thresholds and eligibility with a probate attorney.
