Quick answer: California is the most expensive major probate state. The statutory schedule (4% / 3% / 2% / 1% / 0.5% of the gross estate) is paid to both the attorney and the executor — so it's effectively charged twice. A $500,000 estate pays about $26,000 combined; a $1,000,000 estate about $46,000. Add filing, referee and publication. Get your own figure with the California probate cost calculator.
The statutory fee schedule
Under Prob. Code § 10800 (executor) and § 10810 (attorney), on the gross estate value:
| Portion of the gross estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | court-set reasonable fee |
The gross-value catch
The fee is on the gross appraised value, not net equity. A $900,000 Los Angeles home with a $400,000 mortgage — $500,000 of real equity — still generates statutory fees on the full $900,000. Debts do not reduce the fee.
Worked examples (combined attorney + executor)
| Gross estate | Fee each (§ 10800/10810) | Both combined | + costs | Approx. total |
|---|---|---|---|---|
| $500,000 | $13,000 | $26,000 | $1,335 | ≈ $27,335 |
| $1,000,000 | $23,000 | $46,000 | $1,835 | ≈ $47,835 |
| $2,000,000 | $33,000 | $66,000 | $2,835 | ≈ $68,835 |
+ costs = $435 filing + 0.1% referee + $400 publication/misc. If the executor waives their fee, subtract one column of the statutory fee. Run your own numbers in the calculator.
How to reduce California probate costs
- Fund a living trust — trust assets never enter probate and pay no statutory fee. The single biggest saver.
- Executor waives their fee if also a beneficiary — cuts the statutory cost roughly in half.
- Use the small estate affidavit ($208,850 personal property) or the primary-residence petition ($750,000) under Prob. Code § 13100.
- Beneficiary designations, POD/TOD, joint tenancy — pass assets outside probate entirely.