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California Probate vs Living Trust Calculator

The statutory fee schedule gets charged to both the executor and the attorney — on the full gross value, mortgage or no mortgage. Few states make the trust decision this easy.

Probate side: Prob. Code 10800 & 10810 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your California estate

Enter your estate's gross value (before mortgages or liens) — we'll estimate California probate cost and compare it to a typical trust setup cost.

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Estimated California probate cost vs trust setup
Probate (estimated)
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Living trust setup
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California probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the California Probate Cost Calculator: the statutory fee schedule under Prob. Code § 10800 (executor) and § 10810 (attorney) — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, on down — is charged to both, on the estate's gross value with no deduction for mortgages. On a $1,000,000 estate that's roughly $23,000 each, $46,000 combined. The trust side is market data, not a statutory figure: California attorneys typically charge roughly $2,000–$6,000 for a revocable living trust. See the full breakdown in California Living Trust Setup Cost.

The gross-value rule is worth sitting with: a $1,000,000 home carrying a $700,000 mortgage — just $300,000 of real equity — still generates statutory fees on the full $1,000,000. A trust doesn't touch that math, since trust assets pay no § 10800/§ 10810 fee at all.

California probate vs living trust — frequently asked questions

Is a living trust worth it in California?

For almost any estate with real property, yes. California's statutory fee schedule (Prob. Code § 10800 and § 10810) is charged to both the executor and the attorney on the gross estate value, with no deduction for mortgages — a $1,000,000 estate can generate roughly $46,000 combined, several times what a trust typically costs to set up.

How much does California probate cost compared to a living trust?

On a $1,000,000 estate, the statutory schedule under Prob. Code § 10800/§ 10810 runs about $23,000 each for the executor and the attorney — $46,000 combined — plus a court filing fee and the probate referee's appraisal fee. A California living trust typically costs roughly $2,000–$6,000 to set up with an attorney.

Why is a California trust worth it even on a mortgaged home?

Because California calculates statutory probate fees on gross value, with no deduction for mortgages or liens. A $1,000,000 home with a $700,000 mortgage — just $300,000 of real equity — still generates fees on the full $1,000,000, which a properly funded trust avoids entirely.

California living trust tools & guides

California Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in California?A decision framework California Living Trust Funding MistakesWhy trusts still fail to avoid probate California Probate Cost CalculatorThe full statutory-schedule breakdown California Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on California statute (Prob. Code § 10800, 10810, 8961). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with a licensed California estate planning attorney before acting.