California Probate Filing Fees & Referee Cost

What the court charges to open probate in California — about $435 — plus the probate referee's 0.1% appraisal fee, publication and bond. The out-of-pocket costs beyond the statutory fees.

Prob. Code § 8961 FigureMyTax Editorial Team

Quick answer: California's probate filing fee is about $435 to open the case (a petition for probate), set statewide, plus a second ~$435 for some later petitions. On top, the probate referee charges 0.1% of the appraised asset value (Prob. Code § 8961). These out-of-pocket costs are small next to the statutory attorney and executor fees.

The court & referee costs

California probate is filed with the Superior Court of the county where the person lived — Los Angeles, San Diego, Orange, Riverside, San Bernardino, Santa Clara and the other counties. Unlike the statutory fees, these are flat out-of-pocket amounts:

ItemAmount
Petition for Probate filing fee~$435
Probate referee appraisal (§ 8961)0.1% of appraised assets
Publication of notice~$200–$1,000 (by newspaper)
Certified Lettersa few dollars each
Probate bond (if required)~0.5% of estate/yr

Filing fee ~$435 statewide (may change); publication cost varies widely by county and newspaper. Confirm current amounts with the Superior Court.

The probate referee — a California specific

California requires a court-appointed probate referee to appraise the non-cash assets of the estate. The referee is paid 0.1% (one-tenth of one percent) of the value of the assets appraised, under Prob. Code § 8961. On a $1 million estate that's about $1,000 — modest, but another reason the gross value drives the total.

The real cost is the statutory fees

For California, the filing and referee fees are a rounding error next to the statutory attorney and executor fees — about $46,000 combined on a $1 million estate. See the California probate cost breakdown for the schedule, learn about attorney fees, or estimate your total with the California probate cost calculator.

California probate filing fees — frequently asked questions

How much is the California probate filing fee?

About $435 to open the case with a Petition for Probate, set statewide, plus a second similar fee for some later petitions filed during administration.

What is the California probate referee fee?

0.1% (one-tenth of one percent) of the appraised value of non-cash estate assets, paid to a court-appointed probate referee under § 8961. On a $1 million estate that is about $1,000.

Why does California require a probate referee?

California law requires an independent, court-appointed appraiser to value the non-cash assets of the estate, separate from the executor's or attorney's own valuation, to give the court an objective figure.

Are California probate filing fees the biggest cost?

No — the filing and referee fees are a rounding error next to the statutory attorney and executor fees, which together typically run tens of thousands of dollars on a mid-size estate.

Does the small estate affidavit avoid the California filing fee?

Yes — the small estate affidavit route for personal property up to $208,850 needs no full probate petition, so it avoids the Superior Court filing fee for qualifying estates.

Facing probate in California?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a California attorney

Estimate for general guidance only, not legal advice. The ~$435 filing fee and 0.1% referee fee (§ 8961) are approximate and change; publication varies by county. The main California cost is the statutory attorney/executor fees. Confirm with the Superior Court.