California Probate Fee Calculator
California does not price probate by the hour. The fee is fixed by statute, it is calculated on the gross value of the estate, and it is paid twice. Enter an estate value below to see the schedule applied.
Written by Trust Law Legacy Group, APC, an Estate Planning, Trust & Probate Law Firm in San Jose, California. Updated August 2026.
Quick Answer: California Probate Code sections 10800 and 10810 set one compensation schedule: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9,000,000, and one half of 1 percent of the next $15,000,000. The personal representative and the attorney are each entitled to that amount. On a $1,500,000 estate that is $28,000 each, or $56,000 total.
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Use the full appraised value. Under Probate Code section 10800(b) the fee is figured without reference to encumbrances, so a mortgage does not reduce it.
| Statutory bracket | Rate | Fee on this bracket |
|---|---|---|
| Attorney fee | — | $0 |
| Executor fee (same schedule) | — | $0 |
Total statutory probate fees
What California probate actually costs
Probate Code section 10810 sets the attorney compensation for ordinary services, and section 10800 sets the identical schedule for the personal representative. Neither is negotiable downward by the court for ordinary work, and neither depends on how many hours the case takes.
- 4 percent on the first $100,000
- 3 percent on the next $100,000
- 2 percent on the next $800,000
- 1 percent on the next $9,000,000
- One half of 1 percent on the next $15,000,000
- Above $25,000,000, a reasonable amount determined by the court
Why the fee is charged twice
This is the part most families are not expecting. The schedule in section 10800 belongs to the personal representative, and the schedule in section 10810 belongs to the attorney. They are separate entitlements drawn from the same estate. Unless the personal representative waives their fee, which family members sometimes do, the estate pays the figure twice.
Not sure whether your estate would go through probate at all?
The mortgage does not reduce the fee
Section 10800(b) computes the fee on the appraised value of the inventory without reference to encumbrances or other obligations on estate property. In a county where a modest house is appraised past a million dollars, this single clause does more to drive the cost than anything else. Debt against the property does not reduce the fee; only the appraised value matters.
A worked example: a Santa Clara County home
Take a Santa Clara County home appraised at $1,500,000 with an $900,000 mortgage still outstanding, plus $50,000 in bank accounts. The family’s actual equity is roughly $650,000. The statutory fee is calculated on $1,550,000.
- Attorney fee under section 10810: $28,500
- Personal representative fee under section 10800: $28,500
- Total statutory fees: $57,000
- Filing fees, the probate referee’s appraisal, publication and bond: additional
The family receives roughly $650,000 of equity and pays statutory fees calculated as though the estate were worth $1,550,000.
A funded living trust keeps assets out of this schedule entirely.
Frequently asked questions
How much does probate cost in California?
California sets probate compensation by statute, not by the hour. Probate Code sections 10800 and 10810 use one schedule: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9,000,000, and one half of 1 percent of the next $15,000,000. The personal representative and the attorney are each entitled to that amount, so a typical estate pays it twice.
Is the probate fee based on the equity in my home or the full value?
The full value. Probate Code section 10800(b) computes the fee on the appraised value of the inventory without reference to encumbrances or other obligations on estate property. A Santa Clara County home appraised at $1,500,000 with an $900,000 mortgage is still counted at $1,500,000.
Are these the only probate costs?
No. The statutory schedule covers ordinary services only. Court filing fees, probate referee appraisal fees, publication, bond premiums and any extraordinary fees the court approves for contested matters, sales of real property or tax work are all separate and additional.
Can a living trust avoid these fees?
Assets held in a properly funded revocable living trust generally pass outside probate, so the statutory schedule does not apply to them. The saving depends on whether every asset was actually retitled into the trust, which is the step most often left unfinished.
How long does California probate take?
Most California probates run well beyond a year from filing to distribution, and contested matters run longer. The statutory fee does not change with the length of the case.
This calculator applies the statutory schedule in California Probate Code sections 10800 and 10810 and is provided for general information. It is not legal advice, it does not create an attorney client relationship, and it does not state the fees charged by Trust Law Legacy Group, APC. Extraordinary fees, costs and court determinations above $25,000,000 are not included. Figures verified against the California Legislative Information site in September 2026.
Talk through what your family would actually face.
Who would actually inherit
The fee is only half the picture. See who inherits if there is no will under Probate Code sections 6401 and 6402.