Key Takeaways

• California sets attorney and personal-representative fees for ordinary services on a statutory sliding scale based on the estate’s gross value.
• The fee is calculated on the appraised value of the assets, not the equity — a mortgage does not reduce it.
• The attorney and the personal representative are each entitled to a fee under the same schedule.
• As an illustration, a $1,000,000 estate generates about $23,000 in ordinary attorney fees and $23,000 for the representative — roughly $46,000 combined, before other costs.
• Additional costs include court filing fees, a probate referee’s fee, publication, and sometimes a bond. All figures here are illustrative and current as of this writing; confirm them for your situation.

How Much Does Probate Cost in California?

California is unusual: instead of leaving probate attorney fees to an hourly rate or private agreement, the law sets the fee for ordinary services on a sliding scale tied to the size of the estate. The same schedule applies to the personal representative’s compensation.

Two things about that schedule catch most people off guard.

First, the fee is based on the gross value of the estate — the appraised value of the assets the representative accounts for — without subtracting debts. This is the single most important thing to understand about California probate cost: a $900,000 house with a $600,000 mortgage counts as $900,000 for fee purposes, not $300,000. The law specifically directs that the fee base is computed without reference to the encumbrances on estate property.

Second, the attorney and the personal representative are each entitled to a fee under the same schedule. So when you see the schedule below, remember the ordinary statutory fees effectively apply twice — once for the lawyer, once for the representative (who sometimes waives it, especially when they’re also a beneficiary).

The Statutory Fee Schedule

For ordinary services, California’s fee schedule works in brackets, with each rate applying only to the portion of the estate’s value within that bracket:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000
• For estates above $25,000,000, a reasonable amount the court determines

This is the fee for each of the attorney and the representative. It covers ordinary administration; extraordinary work is handled separately (more below).

Worked Examples

Here’s what the schedule produces at a few estate sizes. These are illustrative ordinary statutory fees per role; your estate’s actual figures depend on its appraised value and facts.

To see how the $1,000,000 figure is built: 4% of the first $100,000 ($4,000) + 3% of the next $100,000 ($3,000) + 2% of the next $800,000 ($16,000) = $23,000 for each of the attorney and the representative.

The Other Costs Beyond Statutory Fees

The attorney and representative fees aren’t the whole picture. A typical California probate also involves:

• Court filing fees. Opening the case and the petition for final distribution each carry a filing fee — commonly $435 as of this writing, though a few counties add a modest surcharge. Confirm the current amount with the court.
• Probate referee fee. A court-appointed referee appraises the estate’s non-cash assets, with a commission set by statute at one-tenth of one percent (0.1%) of the appraised value (subject to a statutory minimum and maximum). On a $1,000,000 estate that’s roughly $1,000.
• Publication. Notice of the probate must be published in a newspaper; costs vary by publication, often in the low hundreds of dollars.
• Bond premium. If the court requires the representative to post a bond, the estate pays an annual premium (a market rate, often a fraction of a percent of the bond amount). A will or the heirs can often waive the bond.
• Certified copies, recording fees, and similar costs.

Extraordinary Fees

The statutory schedule covers ordinary administration. Some matters require extraordinary services — selling real estate, handling litigation, running a business, or complex tax work. The attorney or representative can request additional, court-approved compensation for those, separate from the scheduled fee.

Extraordinary fees aren’t set by the percentage schedule; the court decides what’s reasonable. Because they depend entirely on what the estate requires, they can’t be predicted from the estate’s size alone.

Who Actually Pays — and When?

The fees and costs are paid by the estate, not by the personal representative or the beneficiaries out of pocket. And — importantly — the attorney and representative fees are generally paid at the end, only after the court approves them, usually as part of the final distribution. They are not billed hourly along the way.

Early hard costs (the filing fee, publication, certified copies) are often advanced by the representative or the attorney and reimbursed from the estate. Our companion guide on who pays for probate and when walks through the timing in detail.

The gross-value fee structure surprises a lot of families — especially when a home has a big mortgage. If you want to understand what your estate is likely to cost, Bay Legal can help. Call For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.

Can You Reduce Probate Costs?

The most effective way to reduce probate cost is to avoid probate in the first place, through planning done in advance — a funded living trust, beneficiary designations, and the like. Once someone has died, the options are narrower, though smaller estates may qualify for simplified procedures that cost far less than full probate.

If full probate is unavoidable, the representative can sometimes waive their fee (common when they inherit anyway, since a fee is taxable income while an inheritance generally isn’t — a question for a CPA), and careful administration can avoid unnecessary extraordinary fees.

Frequently Asked Questions

Are California probate fees based on the gross or net value of the estate?

Gross. The statutory fee is calculated on the appraised value of the estate’s assets without subtracting debts, so a mortgage does not reduce the fee base.

How much are probate attorney fees in California?

For ordinary services they follow a statutory schedule: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. A $1,000,000 estate produces about $23,000 in ordinary attorney fees as an illustration.

Does the executor get paid in California?

Yes. The personal representative is entitled to a fee under the same statutory schedule as the attorney, though they may waive it — often when they are also a beneficiary.

Can probate attorney fees be negotiated in California?

Ordinary fees are set by statute and cannot be increased by agreement above the scheduled amount. An attorney may agree to charge less, and some offer flat fees, but the statutory figure is the ceiling for ordinary services.

What other costs does probate involve besides attorney fees?

Court filing fees, a probate referee’s appraisal fee, newspaper publication, a possible bond premium, and miscellaneous costs like certified copies and recording fees.