How Probate Fees Work
How California Probate Fees Are Calculated
California is one of the few states with statutory probate fees, meaning attorney fees and executor commissions are set by law, based on the gross value of the estate. These fees often surprise families because they are calculated before subtracting debts, which can significantly increase the total cost.
Breakdown by tier
4%
of the first $100,000
3%
of the next $100,000
2%
of the next $800,000
1%
of the next $9,000,000
0.5%
of the next $15,000,000
Reasonable amount above $25,000,000 (determined by the court)
Important Note:
These fees apply to each party separately, meaning both the attorney and the executor receive the statutory amount.
Assets Subject to Probate
What Assets Are Subject to Probate in California?
Probate fees apply to assets held:
In the decedent’s name alone
Without a beneficiary designation
Without joint ownership
Outside of a trust
Including real estate, vehicles, bank accounts, investment accounts, collectibles, and more
Not subject to probate:
Trust assets
Joint tenancy property
Pay-on-death / transfer-on-death accounts
Life insurance with beneficiaries
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Want a More Accurate Probate Fee Estimate?
Every estate is different, and statutory fees don’t always tell the whole story. Contact us for a free consultation to understand your options and the best steps for your situation.
Probate Fee FAQs
Disclaimer
This calculator provides a general estimate based on California Probate Code §10810. It does not account for extraordinary fees, litigation, contested estates, or property valuation complexities. Contact an attorney for advice specific to your situation.

