Quick answer: California is one of the few states that sets probate attorney fees by statute. Under Prob. Code § 10810, the attorney earns 4% / 3% / 2% / 1% / 0.5% of the gross estate on a sliding scale — $13,000 on a $500,000 estate, $23,000 on $1 million. The executor is entitled to the same amount again under § 10800.
The statutory attorney schedule (§ 10810)
| Portion of gross estate | Rate | Running fee |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $7,000 |
| Next $800,000 | 2% | $23,000 (at $1M) |
| Next $9,000,000 | 1% | $113,000 (at $10M) |
| Next $15,000,000 | 0.5% | — |
This is ordinary compensation. Extraordinary services — will contests, real-estate sales, tax litigation — are billed on top, subject to court approval.
Why it matters that it's charged twice
The single most expensive feature of California probate is that § 10800 gives the executor the identical fee. So the $23,000 attorney fee on a $1 million estate is matched by a $23,000 executor fee — $46,000 total before other costs. When the executor is also a beneficiary, waiving that half is the easiest saving.
How to pay less in California
- Fund a living trust — trust assets avoid probate entirely and pay no § 10810 fee.
- Executor waives their § 10800 fee when also inheriting.
- Ask the attorney to accept less — the statutory fee is a maximum, not a minimum, though most charge it.
- Use small estate procedures ($208,850 affidavit, $750,000 residence petition) where they fit.
Attorney fees are only half the statutory story. See the full picture in the California probate cost breakdown, or estimate your total with the California probate cost calculator.