California Probate Costs: Statutory Attorney Fee Schedule (2025)

In California, both the attorney and the executor are each paid a statutory fee set as a percentage of the estate's gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on larger estates.

In California, the biggest predictable cost of probate is statutory compensation, which the law sets as a percentage of the estate’s gross value. The same schedule is paid twice — once to the attorney and once to the personal representative (executor or administrator).

The statutory fee schedule

Probate Code §10810 (attorney) and §10800 (personal representative) use the same percentage brackets:

Portion of the estate’s value	Fee 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	A reasonable amount set by the court

The “value” is the appraised value of the estate’s assets, plus gains on sales and receipts, without subtracting mortgages or other debts (Prob. Code §10810). The fee is calculated on the gross value, not the equity.

Worked examples (ordinary fee, per side)

Estate gross value	Statutory fee — each side	Both sides combined
$500,000	$13,000	$26,000
$1,000,000	$23,000	$46,000
$1,500,000	$28,000	$56,000
$2,000,000	$33,000	$66,000

Because the attorney and the personal representative are each entitled to the statutory fee, budget for roughly double the per-side amount unless the representative waives their fee (which family members sometimes do).

Other probate costs

Court filing fee — $435 for the first petition for letters (statewide civil fee schedule).
Probate referee — a court-appointed referee appraises non-cash assets and is paid a commission of 0.1% (one-tenth of one percent) of the appraised value, plus actual expenses (Prob. Code §8961).
Publication — notice of the probate petition must be published in a newspaper; cost varies by county and paper.
Bond — the court may require the personal representative to post a surety bond; the premium depends on the bond amount.
Extraordinary fees — for work beyond ordinary administration (selling real estate, litigation, tax matters), the court may approve additional attorney compensation it finds just and reasonable (Prob. Code §10811).

When these costs can be avoided

Smaller estates often skip formal probate entirely using a small estate affidavit, which carries none of the statutory fees above. See the California probate timeline for how long the full process takes, and do you need a lawyer for when hiring counsel makes sense.

Frequently asked questions

How much does probate cost in California?

The largest cost is statutory compensation. The attorney and the personal representative are each entitled to the same percentage-based fee set by law: 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. On a $1,000,000 estate that is $23,000 each. Add a court filing fee ($435), a probate referee commission of 0.1% of appraised assets, and publication and bond costs.

Are California probate attorney fees based on the gross or net estate?

Gross. The fee is calculated on the appraised value of the estate's assets without subtracting mortgages or other debts. A $900,000 home with a $600,000 mortgage still counts as $900,000 for the fee calculation.

Can a California probate attorney charge more than the statutory fee?

Yes, for 'extraordinary services' beyond ordinary administration — such as selling real property, litigation, or tax work — the court may approve additional compensation it finds just and reasonable under Probate Code §10811.

Do the attorney and executor both get paid?

Yes. The personal representative's ordinary compensation (Probate Code §10800) and the attorney's ordinary compensation (Probate Code §10810) use the identical percentage schedule, so the combined ordinary fee can be roughly double the figures shown for one side.

Related guides

California Executor Duties A California executor (personal representative) must petition for appointment, notify heirs and creditors, file an inventory and appraisal within 4 months, pay valid debts and taxes, and account to the court before distributing the estate — all as a fiduciary.

California Probate Timeline: Step by Step California probate typically takes about 9 to 18 months from filing the petition to final distribution, driven largely by the mandatory creditor claim period (at least 4 months) and the time to inventory assets and obtain court approval.

California Small Estate Affidavit If a California decedent's estate is worth $208,850 or less (for deaths on or after April 1, 2025) and at least 40 days have passed since death, successors can usually collect personal property with a small estate affidavit instead of formal probate.

Do You Need a Lawyer for California Probate? California does not require you to hire a lawyer for probate, but most personal representatives do, because the process is deadline-driven, the representative is personally liable for mistakes, and the attorney's fee is paid by the estate on the same statutory schedule regardless.

California Probate Costs & Statutory Attorney Fees