California Probate Fees: What the Statutory Schedule Really Costs You

California Sets Probate Fees by Law — Not by Negotiation

In most states, attorney fees for probate work are negotiated between the executor and their lawyer. California is different. Under Probate Code §10810, both the attorney's fee and the executor's compensation are set by a statutory schedule based on the gross value of the estate. Neither fee is subject to negotiation downward — an attorney is entitled to the statutory amount as a matter of law, and the executor is entitled to the same.

This has one critical consequence that surprises nearly every family going through California probate for the first time: both the attorney and the executor each receive the full statutory amount. The fees are not split between them — they are doubled. A $500,000 estate doesn't generate $13,000 in total fees. It generates $26,000.

The California Statutory Fee Schedule

The fee schedule under Probate Code §10810 applies to the gross value of the probate estate — not the net value after debts, mortgages, or other liabilities. This is one of the most important and misunderstood aspects of California probate costs.

• 4% of the first $100,000 of gross estate value
• 3% of the next $100,000 (i.e., $100,001–$200,000)
• 2% of the next $800,000 (i.e., $200,001–$1,000,000)
• 1% of the next $9,000,000 (i.e., $1,000,001–$10,000,000)
• 0.5% of the next $15,000,000
• A "reasonable amount" determined by the court for amounts above $25,000,000

Each fee computed above is what the attorney receives. The executor receives the identical amount. Total combined fees are therefore double the schedule above.

What This Costs in Real Numbers

The table below shows the statutory fee for the attorney, the identical fee for the executor, and the combined total at various estate sizes. Remember: these figures are based on gross estate value, not equity.

Extraordinary Fees: When the Bill Goes Even Higher

The statutory schedule sets the baseline. California Probate Code §10811 allows attorneys (and executors) to petition the court for extraordinary fees on top of the statutory amount when the work involved goes beyond routine administration. Situations that commonly generate extraordinary fee petitions include:

• Tax disputes with the IRS or California Franchise Tax Board
• Contested claims against the estate or litigation with creditors
• Sales of real property or business interests requiring unusual effort
• Estate planning complications requiring additional legal analysis
• Dealing with out-of-state assets subject to ancillary probate

Extraordinary fees must be approved by the court, and the attorney must demonstrate that the work was necessary and beneficial to the estate. In practice, however, courts routinely approve extraordinary fee requests, and the additional amounts can be substantial.

Additional Costs Beyond Attorney and Executor Fees

The statutory attorney and executor fees are the largest costs, but not the only ones. California probate also involves:

• Court filing fees: Approximately $400–$500 to open a probate case in California Superior Court, depending on the county. Additional fees apply for various motions and petitions filed during the proceeding.
• Probate Referee fee: The court-appointed appraiser who values all non-cash estate assets charges 0.1% of the appraised value of items they appraise (minimum $75, maximum $10,000 per estate, with extraordinary fees available beyond that). On a $500,000 estate with $400,000 in non-cash assets, this is $400.
• Publication costs: Notice to creditors must be published in a local newspaper. Expect $150–$300 depending on the county and publication.
• Certified copies: Death certificates, Letters Testamentary, and recorded documents each carry fees.

How to Significantly Reduce These Costs

The most effective way to reduce California probate fees is to act as your own executor — which you are legally entitled to do — and to handle the filing process yourself rather than hiring an attorney for routine matters.

Here's what that saves:

• Executor fee: The executor's statutory compensation is entirely waivable. Many executors who are also heirs choose to waive their fee (which reduces the estate income tax footprint and keeps more money for beneficiaries). If you're acting as your own executor, the fee simply stays in the estate.
• Attorney fee on routine work: For straightforward estates, the probate process is procedural and document-driven. With a clear guide, many executors handle the entire process themselves — filing the petition, working with the Probate Referee, publishing notice, filing the accounting, and petitioning for discharge — without an attorney.

For a $500,000 estate, doing it yourself eliminates the $13,000 executor fee and the $13,000 attorney fee on routine work — potentially saving $26,000 compared to the fully-represented route. Our guide is built specifically for people who want to handle California probate on their own.

More California Probate Guides

• What Is a California Probate Referee and How Do They Work?
• IAEA in California Probate: Why You Should Always Request Full Authority