Quick answer: the ordinary 5-6% realtor commission applies as usual, on top of two identical statutory fees — one for the executor, one for the attorney — both calculated on the house's full appraised value. See how this plays out for your own numbers in the California probate real estate sale calculator.
One schedule, paid twice
Gross value, mortgage or no mortgage
The calculation starts with the appraised value from the Inventory and Appraisal, then adds gains from asset sales and administration income, minus losses on sales. Debts, mortgages, and other obligations are completely ignored — a home appraised at $800,000 with a $500,000 mortgage counts at its full $800,000 for fee purposes, even though only $300,000 of equity actually passes to heirs.
The percentage steps down for larger estates
The schedule isn't flat: after 4% on the first $100,000 and 3% on the next $100,000, it drops to 2% on the next $800,000, and progressively lower tiers on the remainder — so the blended rate on a very large estate ends up meaningfully lower than on a modest one.
Attorneys can opt out of the schedule
Attorneys aren't required to follow the statutory fee schedule and can instead charge a flat fee or an hourly rate — but in most cases, following the statutory schedule benefits the attorney more than an hourly arrangement would.
Realtor commission stacks on top
If estate property sells during probate, the standard 5% to 6% realtor commission applies separately, on top of the statutory attorney and executor fees — on a $700,000 home, that's $35,000 to $42,000 in commission alone, before either statutory fee is even calculated.
A local probate attorney can review your estate — many offer a free consultation.
The statutory schedule applies identically whether the estate is probated in Los Angeles, Riverside, Orange, or any other California county.