How Much Does Probate Cost in California? | 2025 Fee Schedule

"How much will probate cost?" This is the question I hear most frequently from families who have just lost a loved one. As a Glendale probate attorney, I understand why cost is a primary concern—California has one of the most expensive probate systems in the United States, and the fees can be shocking to families who are unprepared.

The honest answer depends on your estate's total value, but here's what you need to know upfront: California probate typically costs between 4% and 8% of the total gross estate value, with a $1 million estate averaging $46,000 in total costs before extraordinary fees.

In this comprehensive guide, I'll break down every cost component of California probate, provide the complete 2025 fee schedule, explain what factors increase expenses, and show you what you can do to minimize costs (or avoid probate entirely).

California Statutory Probate Fees: The Foundation

California Probate Code Section 10810 establishes mandatory "statutory fees" that both the probate attorney and the executor are entitled to receive, based on the gross value of the estate.

Understanding "Gross Estate Value"

Critical point: Statutory fees are calculated on the gross value of estate assets, not the net value after debts.

Example: Your mother's house is worth $800,000, but has a $400,000 mortgage. Statutory fees are calculated on $800,000, not the $400,000 equity.

This surprises many families. The estate might only have $400,000 in net value, but fees are based on $800,000—resulting in significantly higher costs than expected.

2025 California Statutory Probate Fee Schedule

Here is the complete fee schedule per California Probate Code Section 10810:

Estate Gross Value	Attorney Fee	Executor Fee	Combined Fees
$100,000	$4,000	$4,000	$8,000
$200,000	$7,000	$7,000	$14,000
$300,000	$9,000	$9,000	$18,000
$400,000	$11,000	$11,000	$22,000
$500,000	$13,000	$13,000	$26,000
$600,000	$15,000	$15,000	$30,000
$700,000	$17,000	$17,000	$34,000
$800,000	$19,000	$19,000	$38,000
$900,000	$21,000	$21,000	$42,000
$1,000,000	$23,000	$23,000	$46,000
$1,500,000	$33,000	$33,000	$66,000
$2,000,000	$43,000	$43,000	$86,000
$3,000,000	$63,000	$63,000	$126,000
$5,000,000	$103,000	$103,000	$206,000
$10,000,000	$203,000	$203,000	$406,000

The Statutory Fee Formula

The fees are calculated as follows:

For the first $100,000: 4% For the next $100,000: 3% For the next $800,000: 2% For the next $9,000,000: 1% For the next $15,000,000: 0.5% For amounts over $25,000,000: A reasonable amount determined by the court

Example calculation for $750,000 estate:

• First $100,000 × 4% = $4,000
• Next $100,000 × 3% = $3,000
• Next $650,000 × 2% = $13,000
• Total attorney fee: $20,000
• Total executor fee: $20,000 (same calculation)
• Combined statutory fees: $40,000

Both Attorney AND Executor Receive Full Fees

Many families are shocked to learn that California law entitles both the attorney and the executor to the full statutory fee amount.

For a $1 million estate:

• Attorney receives: $23,000
• Executor receives: $23,000
• Total: $46,000

Important note: If the executor is also a beneficiary (such as an adult child), they often waive their executor fee to avoid taxation on that income. In this case, only the attorney fee of $23,000 applies.

Beyond Statutory Fees: Additional Probate Costs

Statutory fees are just the beginning. California probate involves numerous additional costs that many families don't anticipate.

Court Filing Fees

Initial Petition for Probate:

• Los Angeles County: $435
• Other counties: $435-$500

Additional Filings:

• Petition for sale of real property: $435
• Petition for family allowance: $435
• Petition for preliminary distribution: $435
• Other motions and petitions: $60-$435 each

Typical total court filing fees: $500-$1,500

Publication Costs

California Probate Code Section 8120 requires publication of the Notice of Petition to Administer Estate in a newspaper of general circulation for three consecutive weeks.

Typical publication costs: $300-$600

Note: Los Angeles County adjudicated newspapers charge more than smaller county newspapers.

Probate Referee Fees

California Probate Code Section 8960 requires appointment of a probate referee to appraise all estate assets (except cash accounts).

Probate referee fee: 0.1% of the appraised value (one-tenth of one percent)

Example:

• Real property worth $800,000
• Personal property worth $50,000
• Total appraised: $850,000
• Referee fee: $850

Typical probate referee fees: $500-$2,000

Professional Appraisal Fees

The probate referee may require independent professional appraisals for:

Real estate appraisals: $400-$700 per property Business valuations: $2,500-$10,000+ Personal property appraisals:

• Jewelry, art, collectibles: $300-$1,000+
• Household contents: $300-$500

Typical total appraisal costs: $500-$5,000+

Bond Premiums

If the will doesn't waive bond requirements, or if there is no will, the court may require the executor to post a bond to protect the estate from potential mismanagement.

Bond premium: Approximately 0.5% to 1% of estate value annually

Example for $500,000 estate: $2,500-$5,000

Good news: Most properly drafted wills waive bond requirements, and family member executors can often avoid bonds even without a waiver.

Accounting and Tax Preparation Fees

Estate tax return (Form 706): $2,500-$5,000

• Required for estates over $13.61 million (2024)
• Due 9 months after death

Estate income tax returns (Form 1041): $500-$1,500 per year

• Required if estate earns income during administration
• Filed annually until estate closes

Decedent's final personal income tax returns: $500-$1,500

• Federal and state returns
• Due by April 15 following year of death

Property tax assessment: $300-$500

• Supplemental assessment when title transfers

Typical total tax and accounting fees: $1,000-$8,000+

Real Estate Commissions

If estate real property must be sold during probate, real estate commissions apply.

Typical commission: 5-6% of sale price (negotiable)

Example for $800,000 house:

• 5% commission = $40,000
• 6% commission = $48,000

Note: Real estate commissions are NOT included in statutory fees and come "off the top" of the estate proceeds.

Extraordinary Attorney Fees

California Probate Code Section 10811 allows attorneys to petition for "extraordinary fees" beyond statutory compensation for services including:

• Will contests or litigation
• Sale of real property requiring court confirmation
• Tax disputes or audits
• Carrying on decedent's business
• Complex asset valuation issues
• Out-of-state property (ancillary probate)
• Contested creditor claims
• Contested accountings
• Trust litigation related to the estate

Extraordinary fee billing: $350-$650 per hour, depending on attorney experience and location

Real-world impact: Complex estates can incur $10,000-$100,000+ in extraordinary fees beyond the statutory amount.

Maintenance and Operating Expenses

During the 9-18 months of probate administration, the estate must pay ongoing costs:

Real property expenses:

• Mortgage payments: $2,000-$5,000/month
• Property insurance: $1,200-$2,500/year
• Property taxes: $5,000-$15,000/year
• Utilities: $200-$400/month
• Maintenance and repairs: $500-$5,000+
• HOA dues: $200-$800/month

Business expenses:

• If decedent owned a business, ongoing operational costs

Storage fees:

• For personal property, vehicles, etc.: $100-$300/month

Typical ongoing expenses: $10,000-$50,000+ for a 12-18 month probate

Total Probate Cost Examples

Let me provide real-world examples of total probate costs for different estate sizes.

Example #1: Modest Estate - $300,000

Estate composition:

• Primary residence: $450,000 (with $200,000 mortgage = $250,000 equity)
• Bank accounts: $50,000
• Gross estate value: $500,000
• Net estate value: $300,000

Costs:

• Statutory attorney fee: $13,000
• Executor fee (waived): $0
• Court filing fees: $600
• Publication: $400
• Probate referee: $500
• Appraisals: $500
• Accounting/tax prep: $1,000
• Property maintenance (12 months): $8,000
• Total costs: $24,000

Net to beneficiaries: $276,000 Percentage lost to costs: 8%

Example #2: Average Estate - $1,000,000

Estate composition:

• Primary residence: $850,000 (owned free and clear)
• Bank accounts: $80,000
• Brokerage account: $70,000
• Gross estate value: $1,000,000

Costs:

• Statutory attorney fee: $23,000
• Executor fee (waived): $0
• Court filing fees: $1,000
• Publication: $500
• Probate referee: $1,000
• Appraisals: $600
• Accounting/tax prep: $2,000
• Property maintenance (15 months): $12,000
• Real estate commission (5%): $42,500
• Total costs: $82,600

Net to beneficiaries: $917,400 Percentage lost to costs: 8.3%

Example #3: High-Value Estate - $3,000,000

Estate composition:

• Primary residence: $1,500,000 (free and clear)
• Investment property: $900,000 (with $300,000 mortgage)
• Bank/investment accounts: $600,000
• Business interest: $300,000
• Gross estate value: $3,300,000
• Net estate value: $3,000,000

Costs:

• Statutory attorney fee: $66,000
• Executor fee (waived): $0
• Court filing fees: $2,000
• Publication: $600
• Probate referee: $3,300
• Professional appraisals: $8,000 (two properties + business)
• Business valuation: $5,000
• Estate tax return: $4,000
• Income tax returns: $2,500
• Property maintenance (18 months): $35,000
• Real estate commissions (two properties): $120,000
• Extraordinary attorney fees: $15,000
• Total costs: $261,400

Net to beneficiaries: $2,738,600 Percentage lost to costs: 8.7%

Example #4: Complex Estate with Litigation - $1,500,000

Estate composition:

• Primary residence: $1,200,000
• Bank accounts: $300,000
• Gross estate value: $1,500,000

Complications:

• Will contest filed by disinherited child
• Executor removal petition
• Disputed creditor claims

Costs:

• Statutory attorney fee: $33,000
• Extraordinary fees (litigation): $85,000
• Executor fee (waived): $0
• Court filing fees: $3,500
• Publication: $500
• Probate referee: $1,500
• Appraisals: $700
• Expert witness fees: $15,000
• Accounting/tax prep: $3,000
• Property maintenance (30 months): $25,000
• Real estate commission: $60,000
• Total costs: $227,200

Net to beneficiaries: $1,272,800 Percentage lost to costs: 15.1%

Factors That Increase Probate Costs

Understanding what drives costs higher helps you anticipate expenses and potentially avoid them.

1. Real Estate Sales

Selling property during probate adds substantial costs:

• Real estate commissions (5-6% of sale price)
• Court confirmation hearings ($435 filing + attorney time)
• Overbidding procedures (if required)
• Extended property maintenance during marketing period

Cost impact: $40,000-$100,000+ depending on property value

2. Will Contests and Litigation

Contested probate cases can multiply costs dramatically:

• Discovery (depositions, document requests)
• Expert witnesses (handwriting, medical, financial)
• Motions and court hearings
• Potential trial
• Appeals

Cost impact: $50,000-$250,000+ in extraordinary attorney fees

3. Out-of-State Property

Real estate located outside California requires "ancillary probate" in that state.

Cost impact: $5,000-$25,000+ per state (essentially running two probates)

4. Business Interests

Active businesses require:

• Professional valuation
• Ongoing management decisions
• Potential sale of business
• Employee and vendor issues
• Tax complications

Cost impact: $10,000-$50,000+ in additional fees

5. Estate Tax Returns

Estates exceeding the federal estate tax exemption ($13.61 million in 2024) must file Form 706.

Cost impact: $2,500-$8,000 in preparation fees, plus potential IRS audit costs

6. Creditor Disputes

When creditor claims are contested:

• Objections to claims must be filed
• Court hearings required
• Potential litigation

Cost impact: $2,000-$15,000 per disputed claim

7. Family Disputes

Even without formal will contests, family disagreements increase costs:

• Disputes over asset distributions
• Challenges to executor's actions
• Disagreements about property sales
• Conflicts over personal property division

Cost impact: $5,000-$50,000+ in additional attorney time

How to Minimize Probate Costs

While you cannot eliminate statutory fees once probate begins, you can minimize additional expenses.

Strategy #1: Request Independent Administration Authority

California Probate Code Sections 10400-10592

The Independent Administration of Estates Act (IAEA) allows executors to:

• Sell real property without court confirmation (with certain exceptions)
• Distribute assets without court approval
• Settle claims without hearings

Savings: $2,000-$8,000 in court filing fees and attorney time

Strategy #2: Hire a Flat-Fee Probate Attorney

Some California probate attorneys offer flat-fee arrangements for straightforward estates, rather than statutory fees.

Example: An attorney might accept $15,000 for handling a $1 million estate (instead of the $23,000 statutory fee).

Caution: Ensure the flat fee covers all standard services, not just petition preparation.

Strategy #3: Executor Waives Compensation

If the executor is a primary beneficiary, they should consider waiving their executor fee. Here's why:

Executor fees are taxable income (subject to federal and state income tax) Inheritances are tax-free to beneficiaries

Example for $1M estate:

• Executor fee: $23,000
• Income taxes (35% bracket): $8,050
• Net benefit to executor: $14,950

But: This $23,000 comes out of the estate, reducing the total inheritance pool. If the executor is a 50% beneficiary:

• Cost to executor as beneficiary: $11,500 (50% of $23,000)
• Net benefit after taxes: $14,950 - $11,500 = $3,450

Conclusion: Unless the executor is a minor beneficiary, waiving the fee usually makes financial sense.

Strategy #4: Settle Family Disputes Out of Court

Mediation costs $3,000-$10,000 and can resolve disputes that would otherwise cost $50,000-$100,000 in litigation.

Strategy #5: Maintain Property Efficiently

Minimize ongoing property expenses by:

• Renting estate property if appropriate
• Selling property quickly (once you have court authority)
• Canceling unnecessary services
• Shopping insurance for better rates

Savings: $5,000-$20,000 over the probate period

Strategy #6: Organize Estate Documents

Being organized reduces attorney time spent tracking down information:

• Compile complete asset lists
• Gather financial statements
• Identify all creditors
• Maintain organized records

Savings: $1,000-$3,000 in attorney time

Probate Costs vs. Trust Administration Costs

The most effective way to minimize probate costs is to avoid probate entirely through proper estate planning.

Probate Costs for $1M Estate

Statutory fees: $46,000 (attorney + executor) Additional costs: $15,000-$35,000 Total: $61,000-$81,000 Time: 12-18 months

Trust Administration Costs for $1M Estate

Attorney fees: $4,000-$8,000 Accounting fees: $1,000-$2,000 Filing fees: $0 (no court involvement) Total: $5,000-$10,000 Time: 4-8 weeks

Savings by using a trust: $51,000-$71,000

Cost to create living trust: $2,500-$5,000

Net savings: $46,000-$66,000

The math is compelling. Even for modest estates, the cost of creating a living trust is recovered many times over by avoiding probate.

When Low-Cost Probate Alternatives Are Available

California provides simplified procedures for small estates that cost significantly less than full probate.

Small Estate Affidavit (Estates Under $184,500)

California Probate Code Section 13100

If the estate's total value is under $184,500 (excluding real property), heirs can use a simple affidavit procedure.

Costs:

• No court filing required
• No attorney fees required (though consultation recommended)
• Financial institutions may charge processing fees

Total cost: $500-$1,500 (mostly for attorney consultation)

Time: 40 days minimum after death

Spousal Property Petition (Community Property to Surviving Spouse)

California Probate Code Section 13500

Surviving spouses can use a simplified petition to transfer community property.

Costs:

• Court filing fee: $435
• Attorney fee: $1,500-$3,500 (not statutory)
• Publication: $300-$500

Total cost: $2,500-$5,000

Time: 60-90 days

Transfer-on-Death (TOD) Deed

Assets that pass by beneficiary designation or TOD deed avoid probate entirely.

Costs: $0 (assets pass directly to beneficiaries)

Frequently Asked Questions About Probate Costs

Can we negotiate the statutory fees?

No. California Probate Code Section 10810 sets statutory fees, and courts are not authorized to reduce them absent extraordinary circumstances. However, attorneys can agree to accept less than the statutory amount (flat fee arrangements).

Who pays the probate costs?

Probate costs are paid from the estate assets before distribution to beneficiaries. If the estate lacks sufficient funds, real property or other assets must be sold to cover costs.

Are probate costs tax deductible?

Yes, but only on the estate's income tax return (Form 1041), not on individual beneficiaries' returns. Executor fees are taxable income to the executor.

What if the estate can't afford probate costs?

If the estate truly lacks sufficient assets, the executor may be able to use simplified small estate procedures, or in rare cases, the court may reduce fees. However, this is extremely difficult to prove since selling estate assets usually generates sufficient funds.

Does the executor pay probate costs personally?

No. The executor is never personally responsible for probate costs. All costs are paid from estate assets. If the executor improperly uses personal funds, they should be reimbursed by the estate.

The Bottom Line: Plan Ahead to Save Your Family Money

California probate is expensive—there's no way around that fact. For a typical California estate valued at $1 million, your family will pay approximately $60,000-$80,000 in probate costs, and wait 12-18 months to receive their inheritance.

The same estate administered through a properly funded living trust costs $5,000-$10,000 and is completed in 4-8 weeks.

The math is simple:

• Cost to create living trust: $3,500
• Savings by avoiding probate: $55,000-$75,000
• Net benefit: $51,500-$71,500

Even for modest estates, the savings are substantial and the benefits extend beyond cost savings to include:

• Privacy (trust administration is not public record)
• Speed (weeks instead of months)
• Incapacity planning (no conservatorship needed)
• Control over distributions
• Asset protection for beneficiaries

Related Articles

Learn more about California probate:

• How Long Does Probate Take in California? - Complete timeline breakdown from filing to final distribution, including what delays probate.

• California Executor Duties & Responsibilities - What executors do and how executor fees are calculated in California probate.

• How to Avoid Probate in California - 7 strategies to avoid probate costs entirely and save your family $20,000-$100,000+.

• California Small Estate Affidavit - Skip probate entirely for estates under $184,500 using this simple procedure.

• Trust Administration vs. Probate California - Side-by-side cost comparison showing how trusts save $30,000-$80,000+.

Get Help Understanding Your Probate Costs

Whether you're currently facing probate and need help understanding what you'll pay, or you want to explore options to avoid probate for your own estate, I'm here to provide clear answers and experienced guidance.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to get started.

As a California probate attorney serving Los Angeles County, I provide transparent fee agreements, detailed cost estimates for your specific situation, and alternatives to minimize expenses whenever possible.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With experience in both probate administration and estate planning to avoid probate, Rozsa provides clients with honest cost assessments and practical solutions.

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Disclaimer: This article provides general information about California probate costs and should not be construed as legal advice. Costs vary based on individual circumstances. California laws and fee schedules change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California probate attorney for specific cost estimates for your situation.