How Much Does Probate Cost in California?

By Jay S. Yu, Esq., Yu & Yu Law, Fullerton, California · Last reviewed October 2026

California probate costs are set largely by statute. The attorney and the personal representative are each entitled to a fee based on the gross value of the estate, so a $1 million estate pays $23,000 to each, or $46,000 in total, before court costs (Prob. Code §§ 10800, 10810). A funded living trust avoids those fees because the assets in it never go through probate.

How are probate attorney and executor fees calculated?

The attorney and the personal representative (the executor or administrator) each receive a statutory fee on the same schedule:

• 4% of the first $100,000

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of the next $9 million

• 0.5% of the next $15 million, with the court setting the fee above $25 million

The schedule applies to the gross value of the estate, not your equity. A home worth $900,000 with a $600,000 mortgage is counted at $900,000. Here is what the two fees total at common estate sizes, before court costs:

• $500,000 estate: $26,000

• $750,000 estate: $36,000

• $1,000,000 estate: $46,000

• $1,500,000 estate: $56,000

• $2,000,000 estate: $66,000

What other costs does probate add?

• A court filing fee for the probate petition; the base fee alone is $355 (Gov. Code § 70650), and added fees bring the total higher.

• The probate referee's commission for appraising the estate, at least $75 and generally no more than $10,000 (Prob. Code § 8963).

• Publishing a notice of the petition in a local newspaper.

• A bond premium, unless the will or the heirs waive the bond.

• Extraordinary fees the court can award for work beyond the routine, such as selling real property or handling litigation (Prob. Code § 10811).

How long does probate take in California?

Creditors have at least four months after the court issues letters to the personal representative to file claims (Prob. Code § 9100), so no probate closes quickly. A simple estate commonly takes a year or more, and selling a home, a disputed claim, or a family disagreement can stretch it longer. Your family usually cannot distribute the estate until the court approves.

Who pays probate fees?

The fees come out of the estate, which means they reduce what your heirs receive. They are owed even when the main asset is a mortgaged home, because the calculation starts from gross value.

Does a will avoid probate costs?

No. A will tells the probate court who should receive your property, but the estate still goes through probate and pays the statutory fees if it is above the small estate limit of $208,850 as of 2026 (Prob. Code § 13100).

What does a living trust cost by comparison?

A living trust is paid for once, while you are alive, and it requires funding: retitling your home and accounts into the trust. My Complete Estate Plan is a flat fee from $2,500 for an individual and $3,000 for a married couple, quoted before any work begins. See pricing.

Settling a trust after a death still takes work: gathering assets, paying final bills, filing tax returns, and distributing property, and a trustee may hire a lawyer or accountant for it. But there is no statutory percentage fee, no court filing, and no court calendar to wait on. A trust only works for what is in it, so read what happens when a trust is never funded.

Are there cheaper alternatives to full probate?

California offers shortcuts in limited cases: a small estate procedure when probate assets total $208,850 or less (Prob. Code § 13100), a shorter petition for a primary residence worth up to $750,000 for deaths on or after April 1, 2025 (Prob. Code § 13151), and a spousal property petition when property passes to a surviving spouse (Prob. Code § 13650). Beneficiary designations and transfer on death deeds can also pass individual assets outside probate. Read how to avoid probate in California.

I do not handle probate cases; I refer probate matters to other counsel. If you are planning ahead, a funded living trust is how I help families avoid these costs.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change frequently and there is no guarantee that the information in this article will be applicable or correct when you read this. You should consult with an attorney to discuss your specific situation. This article discusses California law; Jay S. Yu is licensed to practice in California.