Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed California attorney before relying on them.
The short answer
California is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.
Attorney fees
Statutory under Cal. Prob. Code §10810: 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9M, 0.5% of next $15M.
Executor / personal representative fees
Same schedule as the attorney, under Cal. Prob. Code §10800. Both fees apply separately, so total ordinary fees are roughly double the schedule.
What the fee is based on
Calculated on the GROSS value of the estate — before subtracting any mortgage, loan, or lien. A $1.2M home with a $700k mortgage still generates fees on the full $1.2M.
Court filing fees
Roughly $435 per petition. A probate case usually involves more than one filing.
Appraisal / probate referee
California appoints a referee to appraise assets, typically charging about 0.1% of appraised value.
How long probate takes in California
9 to 18 months for a routine case; longer in backed-up counties. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. $208,850 for deaths between April 1, 2025 and March 31, 2026; rises to $239,700 for deaths on or after April 1, 2026.
- Real-property shortcut. Primary residence valued up to $750,000 may transfer through a simplified petition (AB 2016).
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most California estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed California’s small-estate thresholds, it’s worth talking to a licensed California estate attorney while you still have the option to plan.
Related reading
- What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
- How to Avoid Probate in California — the state-specific avoidance playbook.
- How Long Does Probate Take in California? — the companion timeline guide for California.
- Will vs. Trust: Which Do You Need? — for California residents weighing whether a trust is worth it.
- Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains California probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the California courts or a licensed California attorney. Sources: Cal. Prob. Code §10800, Cal. Prob. Code §10810, Cal. Prob. Code §13100, Cal. Prob. Code §13150–13158, Cal. Prob. Code §9100, Assembly Bill 2016.