California Probate Fees Explained
How California sets the executor's and attorney's fees by statute, why they're based on the gross estate, and how to avoid probate.
California sets probate fees by statute. The personal representative (executor) and the attorney are each entitled to 4% of the first $100,000 of the estate, 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, figured on the gross value, before debts. A $1,000,000 estate pays $23,000 to each, $46,000 in total.
The fee schedule
Probate Code 10800 sets the executor's "ordinary" compensation, and 10810 gives the attorney the same amount:
| Portion of the estate | Rate |
|---|---|
| $0 to $100,000 | 4% |
| $100,000 to $200,000 | 3% |
| $200,000 to $1,000,000 | 2% |
| $1,000,000 to $10,000,000 | 1% |
| $10,000,000 to $25,000,000 | 0.5% |
| Over $25,000,000 | Reasonable amount set by the court |
Worked examples
| Gross estate | Executor | Attorney | Total | Share of estate |
|---|---|---|---|---|
| $300,000 | $9,000 | $9,000 | $18,000 | 6% |
| $750,000 | $18,000 | $18,000 | $36,000 | 4.8% |
| $1,000,000 | $23,000 | $23,000 | $46,000 | 4.6% |
| $2,000,000 | $33,000 | $33,000 | $66,000 | 3.3% |
| $5,000,000 | $63,000 | $63,000 | $126,000 | 2.5% |
Why the gross value matters
The fee base is the estate's inventory and appraisal value, plus gains on sales and other receipts, minus losses on sales. Mortgages and other debts are not subtracted. A house worth $1,000,000 with an $800,000 mortgage counts as $1,000,000, so the statutory fees total $46,000 even though the family's equity is $200,000. That's why probate can take a large share of a modest, heavily mortgaged estate.
Extraordinary fees
The statutory percentages cover ordinary work. For extraordinary services, such as selling real property, running a business, litigation, tax matters or defending the estate, the executor and attorney can ask the court for more (Probate Code 10801 and 10811). The court decides the amount.
Small estates
If the estate's California property, not counting some assets such as property held in trust, joint tenancy or with a named beneficiary, is worth no more than $208,850 (for deaths on or after April 1, 2025), heirs can usually collect personal property with a small estate affidavit after 40 days, with no court case and no statutory fees (Probate Code 13100). The Judicial Council adjusts the limit every three years. Simplified court procedures also exist for real property and for property passing to a surviving spouse.
Ways to avoid probate
- A revocable living trust holding the house and major accounts.
- Beneficiary designations: payable-on-death bank accounts, transfer-on-death brokerage accounts, retirement accounts and life insurance.
- Joint tenancy or community property with right of survivorship.
- A revocable transfer on death deed for a California home.
Each has trade-offs, including property tax under Prop 19 and capital gains basis; see does California have an estate tax?
Run the numbers
The Probate Fee Calculator applies the statutory schedule to any estate value.
Frequently Asked Questions
How much are probate fees in California?
Statutory fees are a percentage of the gross estate: 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 executor gets that amount and the attorney gets the same amount again. On a $1,000,000 estate that's $23,000 each, $46,000 in total.
Are probate fees based on the value after the mortgage?
No. The fee base is the inventory and appraisal value of the estate plus gains on sales and receipts, minus losses on sales, without deducting mortgages or other debts. A $1 million house with an $800,000 mortgage counts as $1 million.
What is the small estate limit in California?
$208,850 for deaths on or after April 1, 2025. Below that, heirs can usually collect personal property with a small estate affidavit, without a full probate.
Can probate fees be higher than the statutory amount?
Yes. The court can award additional fees for extraordinary services, such as selling real estate, litigation or tax work. Above $25 million the court sets a reasonable fee.
Can I avoid probate in California?
Usually, with planning. Assets in a living trust, accounts with payable-on-death or transfer-on-death beneficiaries, jointly owned property with survivorship rights, and estates under the small estate limit generally pass without probate.
This article is for general information only and is not legal advice. Sources: California Probate Code 10800, 10801, 10810, 10811 and 13100; Judicial Council of California, Probate Code section 890 adjusted amounts (effective April 1, 2025).