Probate fees in California are determined by probate code 10800 & 10810. Learn how these fees are calculated and what costs to expect when handling an estate in 2025
In California, probate attorney fees and executor commissions are determined by California Probate Code §10800 & 10810 and are based on the gross value of the estate, meaning debts are NOT subtracted when determining the fee
As of 2025, the statutory probate fees in California are:
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| > $15,000,000 | The court will determine a reasonable compensation amount. |
Important to note:
The attorney and executor are both entitled to receive exactly the same fee structure for their services in the estate settlement process.
How much in probate fees will the estate pay for an estate with a gross value of $1,500,000?
Let’s break down the fees for an estate valued at $1,500,000:
| Value Of Estate | Compensation | Probate Fee | Remaining Value Of Estate |
| First $100,000 | 4% | $4,000 | $1,400,000 |
| Next $100,000 | 3% | $3,000 | $1,300,000 |
| Next $800,000 | 2% | $16,000 | $500,000 |
| Next $9,000,000 | 1% | $5,000 | $0 |
An estate with a gross value of $1,500,000 will pay a statutory probate fee to both the administrator and attorney totaling $28,000 each.
Total Fee for the Attorney: $28,000
Total Fee for the Executor: $28,000
Grand Total Probate Fees: $56,000
Want to calculate this faster?
Use our California probate fee calculator for an instant estimate.
Fact: California has one of the highest probate fees in the country.
On top of the statutory probate fees, the administrator, trustee, or executor must be aware of the other costs associated with probate such as: Probate referee fees, and court admin fees just to name a few. - let us take a look into the other costs involved in probate:
According to California Government Code 70650(a), the initial filing fee to petition for letters of administration or testamentary is $435.
Additionally, executors must cover the final distribution fee, set at $435 under GC 70650(c).
Other common California probate fees:
| Petition | Code Section(s) | Fee |
| Petition (or opposition to petition) after issuance of special letters of administration or letters testamentary or of administration in decedents’ estates that are not subject to the $435 fee in GC 70658(a) | GC 70657.5(a)(2) | $200 |
| Search for estate documents, for each search longer than 10 minutes | GC 70661 | $15 |
| Delivery of will to the court in which the estate may be administered (Prob.C 8200) | GC 70626(d) | $50 |
Note: Additional probate court fees may apply depending on the estate’s complexity. For the most accurate and up-to-date information, check the official California Court Probate Fees page.
According to California probate code §10811 - the court may allow extra compensation for attorneys if they provide extraordinary legal services beyond standard probate duties. This compensation is subject to the court’s review and must be deemed reasonable.
Examples of Extraordinary Services:
Handling complex tax issues
Managing disputes among heirs
Dealing with real estate transactions across multiple jurisdictions
The court may authorize additional compensation for attorneys who perform extraordinary services beyond standard probate duties. This can also apply to services performed by a paralegal, provided these tasks are directly supervised by the attorney.
To request this compensation, the attorney must submit a petition that clearly outlines:
The hours worked
A detailed description of the extraordinary services performed
Extraordinary service fees are usually charged on a contingent basis and costs are pre-determined by the attorney. However, these fees are subject to strict court guidelines to ensure fairness.
Key Conditions for Court Approval:
Written Agreement: The compensation agreement must be in writing and comply with the requirements of section 6147 of the business and professions code.
Court Approval: The agreement must be reviewed and approved by the court after a scheduled hearing, with proper notice provided to all parties.
Fair & Reasonable Compensation: The court will determine whether the agreed-upon compensation is fair, reasonable, and in the best interest of the estate and its beneficiaries.
As you can see: probate can cost the estate thousands of dollars, wanting to avoid the probate fee is understandable…After all, California has one of the highest probate fees in the country.
Unfortunately, most estates are required to go through probate, meaning probate fees are often unavoidable.
However, with proper estate planning, you can help your loved ones save thousands of dollars. Strategies like creating a trust, using transfer-on-death deeds (or other legal tools) can significantly reduce or even eliminate the need for probate.
Technically, in California, you can probate a will without a lawyer.
Choosing not to hire a professional to save some money can actually end up costing you more in legal fees, time, and stress. Doing probate yourself is not recommended.
Having a legal professional by your side helps you avoid costly mistakes, even more during the emotional stress of losing a loved one.
Probate can be a complicated process, and if you're not familiar with the ins and outs, you could easily make mistakes that end up costing you more money and time in the long run.
A good probate lawyer will help ensure that the process goes as smoothly as possible, helping you :
Navigate legal complexities
Reduce the risk of errors and delays
Save time and minimize stress
Ensure proper asset distribution
Statutory Probate Fees in California are based on the gross value of the estate:
4% on the first $100,000
3% on the next $100,000
2% on the next $800,000
1% on the next $9,000,000
0.5% on the next $15,000,000
For estates over $25 million, the court determines a reasonable compensation amount.
Important Note: When calculating probate fees, only eligible assets are considered—debts of the estate are not deducted from the gross value.
Additional Probate Costs: Besides statutory fees, estates may incur extra expenses, such as:
Probate referee fees
Court administration fees
Extraordinary attorney fees (for services beyond standard probate duties, with court approval)
Extraordinary Legal Services: Attorneys providing extraordinary services may receive additional compensation if approved by the court after a formal hearing.
Probate is Often Unavoidable: While most estates in California must go through probate, proper planning—such as creating a trust or using transfer-on-death deeds—can help minimize or avoid probate costs altogether.
If you need help understanding how statutory probate fees, court filing fees, or extraordinary attorney services in California work and what might be owed to you as the estate executor or beneficiary, please do not hesitate to book a meeting with us for a free, no obligation call where we are able guide you and answer any questions you might have about probate.
We are here to help make this process as smooth and stress-free for you as possible.
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