How much does probate cost in California?

California sets probate attorney fees by statute as a percentage of the gross estate: under Probate Code section 10810, four percent of the first $100,000, three percent of the next $100,000, two percent of the next $800,000, and smaller percentages above that, and the personal representative may claim the same amount again.

Probate cost in California is largely fixed by statute, which is why it surprises people. Probate Code section 10810 sets the ordinary attorney fee as a sliding percentage of the estate: four percent of the first $100,000, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and less above that. The personal representative is entitled to the same statutory amount under Probate Code section 10800, so a typical estate can pay both fees. Critically, the percentages apply to the gross value of estate assets, a house counts at its appraised value, not the equity left after the mortgage. Courts can also award extraordinary fees for work like selling real property or litigation, per Probate Code section 10811. Add court filing fees, probate referee appraisal fees, and publication costs. Assets held in a funded living trust, in joint tenancy, or passing by beneficiary designation avoid these charges entirely.

Authority: Cal. Prob. Code § 10810