TL;DR — Key Takeaways

• California probate attorney fees are set by statute under Probate Code § 10810. They are calculated as a percentage of the gross estate value, not the net.
• The executor (personal representative) is entitled to the same statutory fee. So a $1 million estate produces roughly $46,000 in combined fees before extraordinary services.
• Statutory fees are not negotiable in the traditional sense. Attorneys can charge less by agreement; they cannot charge more without court approval for extraordinary services.
• A funded revocable living trust avoids these fees entirely. That’s the main reason California families use trusts.
• Estates under $184,500 may qualify for simplified procedures.

How Are Probate Attorney Fees Calculated in California?

California is one of the few states that sets probate attorney fees by statute. The formula is in Probate Code § 10810. It applies to ordinary services in a standard probate, regardless of how much actual work the attorney does.

The fee is calculated on the gross value of the estate, not the net. Mortgages, liens, and debts do not reduce the fee base. A $1.5 million home with a $1 million mortgage produces an attorney fee calculated on $1.5 million, not $500,000.

What Is the Statutory Fee Schedule for Probate?

Under Probate Code § 10810, ordinary attorney fees are calculated as: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million, and 0.5% on the next $15 million. Estates above $25 million require a court-set reasonable amount. [VERIFY: confirm current statutory percentages.]

The personal representative (executor or administrator) is entitled to the same fee schedule under Probate Code § 10800. So both the attorney and the executor get paid statutory fees, calculated separately.

Worked example on a $1 million estate: 4% of $100,000 = $4,000, plus 3% of $100,000 = $3,000, plus 2% of $800,000 = $16,000, for a total of $23,000 in attorney fees. Add another $23,000 for the executor. Total statutory fees: roughly $46,000.

On a $2 million estate, statutory fees come to approximately $33,000 each, or $66,000 combined.

Are Probate Fees Negotiable in California?

Yes and no. The statute sets a maximum for ordinary services. Attorneys can agree to charge less, but most don’t. Some firms offer flat fees below the statutory amount, particularly for straightforward estates.

Attorneys can also seek extraordinary fees under Probate Code § 10811 for work outside the ordinary scope: litigating a will contest, selling real estate, handling complex tax issues, or managing a business. Extraordinary fees require court approval and detailed time records.

If you’re hiring a probate attorney, ask whether they will work on a flat fee or an agreed reduced statutory percentage. The answer varies by firm and by complexity.

Other Probate Costs Beyond Attorney Fees

Court filing fees. The initial petition in California currently runs around $435 to $500 depending on the county.

Probate referee fees. A court-appointed referee appraises non-cash assets and is paid 0.1% of the appraised value, plus expenses.

Publication costs. Notice to creditors must be published in a newspaper of general circulation, typically $200 to $500.

Bond premiums. If a bond is required (often when the will doesn’t waive bond), the premium runs roughly 0.5% of the bond amount per year.

Accounting and tax preparation. The estate’s final income tax returns and any required estate tax returns add CPA fees.

All of these come out of the estate before distribution to beneficiaries.

How Can I Avoid Probate Costs With a Trust?

A funded revocable living trust avoids probate entirely. The trust owns the assets during your life, and on your death your successor trustee distributes them to beneficiaries without court involvement. There’s no statutory fee on a trust administration, no probate referee, no filing fees, no court oversight.

Trust administration still involves some legal and accounting work, but on an hourly or flat-fee basis that’s typically a fraction of statutory probate fees. A $1 million estate that would generate $46,000 in probate fees might cost $5,000 to $10,000 in trust administration legal fees, depending on complexity.

The keyword is funded. A trust that exists on paper but doesn’t own your assets does not avoid probate. Re-titling your home, brokerage accounts, and bank accounts into the trust’s name is what makes it work.

What Is the Minimum Estate Value to Trigger Probate in CA?

California’s small-estate threshold is currently $184,500 for personal property and $61,500 for real property. Estates below these thresholds can use simplified procedures: a small-estate affidavit for personal property under Probate Code § 13100, or a petition to determine succession to real property for small real estate interests. [VERIFY: confirm current thresholds, last adjusted in 2022 and indexed periodically.]

Real property worth more than $61,500 generally triggers full probate, unless it’s titled in a way that bypasses the estate (joint tenancy, transfer-on-death deed, or a trust). For most California homeowners, that means full probate is the default unless they planned around it.

This article is for general information and is not legal advice. For guidance on your specific situation, contact Bay Legal, PC at 650-668-8000 to schedule a consultation.