California Probate Fee Calculator
California sets executor and attorney fees by statute as a percentage of the estate. Here is what that comes to, tier by tier.
In a California probate, the executor and the attorney are each entitled to a statutory fee: 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. Mortgages and debts are not subtracted first. A $500,000 estate means $13,000 each, $26,000 in total.
Enter the gross value of the probate estate (the inventory and appraisal), not the equity after debts.
Probate Fee Calculator
Total Statutory Fees (Executor + Attorney)
Executor fee
Attorney fee
| Portion of estate | Rate | Fee (each) |
|---|
How this is calculated
Probate Code 10800 sets the personal representative's (executor's) fee and Probate Code 10810 sets the attorney's fee using the same schedule, so the two fees are equal:
| Portion of the estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Reasonable amount set by the court |
What value is used. The fee base is the appraised value of the property in the inventory, plus gains over the appraisal on sales, plus receipts, minus losses on sales, without subtracting mortgages, liens or other debts. A house appraised at $900,000 with a $700,000 mortgage still counts as $900,000.
What is not included. Assets that pass outside probate (a living trust, joint tenancy, accounts with a named beneficiary, retirement accounts) are not in the fee base. Extraordinary services such as selling real estate, litigation or preparing tax returns can earn additional fees, but only with court approval. An executor can waive the fee, and a will can set a different amount.
Small estates. If the property that would go through probate totals $208,850 or less (for deaths on or after April 1, 2025), heirs can usually collect it with a small estate affidavit (Probate Code 13100) and avoid probate and these fees.
Frequently Asked Questions
How are probate fees calculated in California?
California sets them by statute. The executor and the attorney each get 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. Above $25 million, the court sets a reasonable amount.
Are mortgages and debts subtracted before probate fees are calculated?
No. The fee is based on the gross appraised value of the probate assets, plus gains and receipts, minus losses on sales. Mortgages, liens and other debts are not subtracted, so an estate with little equity can still owe substantial fees.
Can the executor waive the probate fee?
Yes. An executor can decline the fee, which family members acting as executor often do, since the fee is taxable income while an inheritance generally is not. A will can also provide for a different amount.
What are extraordinary probate fees?
Fees for work beyond the ordinary administration of the estate, such as selling real property, defending litigation, handling a business or preparing tax returns. They are not automatic. The executor or attorney must ask the court, which decides the amount.
How can I avoid probate fees in California?
Common ways are a funded living trust, holding property in joint tenancy or as community property with right of survivorship, beneficiary designations on bank, brokerage and retirement accounts, and a transfer-on-death deed for real property. Estates at or under the small-estate limit can use an affidavit instead of probate.
This tool provides an educational estimate of statutory compensation only and is not legal advice. The will, a fee agreement approved by the court, extraordinary services and assets outside probate all change what is actually paid. Consult a California probate attorney.