How much does probate cost in California?
Filing a petition in probate court requires costs and fees. For example, out-of-pocket costs include the fee for filing the petition with the court. Other costs include publication fees and probate referee fees. Also, consider additional charges such as courier fees, court appearance fees, certified copies of court documents, and recording fees. Thus, budget about $1,500 for probate costs. If you advance your own funds for costs, the estate should reimburse you through the final court order at the end of the case.
Probate Costs 
Other fees include those you pay to the executor and to the attorney for executing work on the file. The California Probate Code § 10810 determines attorney fees. The executor and the attorney exact the same fee. The probate court approves these fees in the final court order. What’s more, the estate pays these fees at the conclusion of the case. Fees are based on the size of the estate. In certain circumstances, the court may allow extraordinary fees. For instance, if someone challenges the probate proceeding, this must be addressed. Or if litigation exists regarding the probate file, the attorney and executor may request extraordinary fees for additional work.
Calculating Probate Costs
The court calculates probate fees as follows:
- Four percent of the first $100,000 of the estate
- Three percent of the next $100,000
- Two percent of the next $800,000
- One percent of the next $9,000,000
- And one-half percent of the next $15,000,000.
- If the estate is larger than $25,000,000, the court determines the fee.
The chart below offers probate costs you may incur for your case. Remember that both the attorney and the executor, or personal representative, charge a fee. As a result, double the amount shown on the chart. For example, with a $1,000,000 estate, the attorney and the executor or personal representative each charge up to $23,000.
Value of Estate |
Compensation to Attorney/Personal Representative |
| $100,000 | $4,000 |
| $200,000 | $7,000 |
| $300,000 | $9,000 |
| $400,000 | $11,000 |
| $500,000 | $13,000 |
| $600,000 | $15,000 |
| $700,000 | $17,000 |
| $800,000 | $19,000 |
| $900,000 | $21,000 |
| $1,000,000 | $23,000 |
| $1,500,000 | $28,000 |
| $2,000,000 | $33,000 |
| $3,000,000 | $43,000 |
| $4,000,000 | $53,000 |
| $5,000,000 | $63,000 |
| $6,000,000 | $73,000 |
| $7,000,000 | $83,000 |
| $8,000,000 | $93,000 |
| $9,000,000 | $103,000 |
| $10,000,000 | $113,000 |
| $15,000,000 | $138,000 |
| $20,000,000 | $163,000 |
In some cases, the executor or personal representative may waive their fees. For instance, if several children of deceased parents are named, and one child is the executor, he or she may decide to waive their fee and pay the required income tax. However, keep in mind that the court requires the executor to expend a lot of time and energy working on the file. Therefore, they may decide it is better to receive compensation and pay the associated income tax.
Probate Costs & Reductions
When calculating the value of the estate to determine attorney and executor fees, remember not to deduct debts and mortgages. For instance, if the probate referee values your home at $1,000,000, while a $500,000 mortgage is recorded against the home, for calculation purposes, the value of the home is still $1,000,000.