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California Probate Cost Calculator

Estimate the full cost of probate in California — the statutory fee schedule (Prob. Code § 10800/10810) that is charged to both the executor and the attorney, on the gross estate value, plus the $435 filing fee and referee's appraisal — based on your estate value, with the California Probate Code cited.

Based on Prob. Code § 10800 & 10810 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your California estate

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$
Both (attorney + executor)
Attorney only
Estimated total probate cost in California
$0
— of the estate
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Facing probate in California?

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How probate costs work in California

California is the most expensive major probate state, and the reason is unusual: it sets statutory fees for both the attorney and the executor on the same sliding scale, calculated on the estate's gross value. Probate runs through the Superior Court in the county where the person lived — Los Angeles, San Diego, Orange, Riverside, San Bernardino, Santa Clara and the state's 58 counties.

1. The statutory fee schedule — charged twice

Prob. Code § 10800 (executor) and § 10810 (attorney) use the identical schedule on the gross estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. Above $25 million, the court sets a reasonable fee. Both the attorney and the executor are each entitled to this — so the estate typically pays it twice.

A $500,000 estate pays about $13,000 each ($26,000 combined); a $1,000,000 estate about $23,000 each ($46,000 combined). The executor can waive their half — common when they're also a beneficiary.

2. Calculated on GROSS value — the costly catch

The fee is on the gross appraised value, not net equity. A $1 million Los Angeles home with a $700,000 mortgage — only $300,000 of equity — still generates fees on the full $1 million. This is what makes California probate so expensive for real-estate-heavy estates.

3. Filing, referee & other costs

  • Court filing fee — about $435 to open the case (and again for some petitions).
  • Probate referee — a court-appointed appraiser paid 0.1% of the appraised asset value (Prob. Code § 8961).
  • Publication, certified Letters, bond — a few hundred dollars each.

4. When probate can be avoided in California

  • Small estate affidavit (Prob. Code § 13100) — personal property up to $208,850 (effective April 1, 2025).
  • Primary residence petition — a home worth up to $750,000 can transfer without full probate (AB 2016).
  • Living trust — the single biggest saver; trust assets pay no statutory fee at all.

Note: California has no estate tax and no inheritance tax — the cost is the statutory fees, not tax.

Cost componentCalifornia figureSource
Executor feeStatutory scale (4/3/2/1/0.5%) on gross§ 10800
Attorney feeSame scale again (charged twice)§ 10810
Court filing fee~$435Superior Court
Probate referee0.1% of appraised assets§ 8961
Small estate limit$208,850 (from Apr 1, 2025)§ 13100
State estate / inheritance taxNoneCA FTB

California probate cost — frequently asked questions

How much does probate cost in Los Angeles / San Diego?

The statutory fees are the same statewide — only the county courthouse differs. In Los Angeles, San Diego, Orange or Riverside County, a $1,000,000 estate pays about $23,000 to the executor and $23,000 to the attorney ($46,000 combined), plus a ~$435 filing fee and the referee's 0.1% appraisal. Total California probate typically runs 4–7% of the gross estate.

Why is California probate so much more expensive than Texas?

Because California sets attorney and executor fees by statute as a percentage of the gross estate, and charges that schedule twice. Texas has no attorney fee schedule and offers cheap independent administration. On a $1 million estate, California statutory fees alone are about $46,000; a comparable Texas estate might cost a fraction of that.

Can I avoid California statutory probate fees?

Yes — mainly with a funded living trust, since trust assets never enter probate and generate no § 10800/§ 10810 fee. Beneficiary designations, POD/TOD accounts and joint tenancy also pass outside probate. For smaller estates, the $208,850 small estate affidavit or the $750,000 primary-residence petition avoid full probate.

What is the small estate limit in California?

$208,850 for personal property under the small estate affidavit (Prob. Code § 13100), effective April 1, 2025 and adjusted for inflation every three years. A separate petition can transfer a primary residence worth up to $750,000. Both skip the statutory-fee process.

How long does probate take in California?

California probate is slow — typically 12–18 months, and often longer in busy counties like Los Angeles, because of court backlogs and the mandatory creditor and notice periods.

California probate tools & guides

California Probate Cost: Full BreakdownThe statutory schedule, with examples Probate Attorney Fees in CaliforniaThe § 10810 schedule explained California Probate Filing FeesThe $435 fee and referee cost California Executor Fee CalculatorThe § 10800 statutory scale

This calculator provides an estimate for general guidance only and is not legal or financial advice. California statutory fees are set by Probate Code § 10800 (executor) and § 10810 (attorney) on the gross estate value, and each is charged separately. The court filing fee (~$435) and probate referee fee (0.1%, § 8961) are approximate and change. Small-estate thresholds ($208,850 personal property; $750,000 primary residence) reflect the April 1, 2025 figures and adjust every three years. Confirm current amounts with the Superior Court or a licensed California attorney before acting.