What Does Probate Cost in California? The Real Numbers
California probate fees are set by law — 4% of the first $100,000, then 3%, then 2% — and they’re based on the gross estate, not the equity. Here’s what a probate actually costs, with real examples.
Right after “how long will this take,” the question families ask me most is “what is this going to cost?” The honest answer is that California probate is one of the more expensive ways to transfer property — but the costs are predictable, because most of them are set by law rather than negotiated.
Here’s where the money actually goes, with real numbers, and the details that surprise most families.
The big one: statutory fees, set by California law
California sets attorney compensation for ordinary probate work on a sliding scale: 4% of the first $100,000 of the estate’s value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. The personal representative (executor or administrator) is entitled to the same amount.
So on a $1,000,000 estate, the statutory fee works out to $23,000 — and that’s each, meaning up to $46,000 if both the attorney and the executor take their full fee. On a $500,000 estate it’s $13,000 each; on a $1.5 million estate, $28,000 each; on a $2 million estate, $33,000 each.
The detail that surprises everyone: it’s the gross value, not the equity
Statutory fees are calculated on the gross value of the estate’s assets — the mortgage is not subtracted. A home appraised at $900,000 with a $600,000 mortgage still counts as $900,000 for fee purposes, even though the estate only nets $300,000 of equity.
For Southern California families, where the home is usually the biggest asset, this single rule drives most of the cost of probate — and it’s a big part of why living trusts are so popular here.
The smaller, fixed costs
Beyond the statutory fees, expect a collection of smaller costs: court filing fees of roughly $435–$500 — typically paid at least twice, once for the initial petition and once for the final petition; publication of the required newspaper notice, usually a few hundred dollars; the probate referee’s appraisal fee, set by law at one-tenth of one percent of the assets they appraise; a bond premium if the court requires one (a will often waives it); and certified copies and miscellaneous administrative costs.
All told, these usually add up to $1,500–$3,000 on a typical estate — real money, but small next to the statutory fees.
Who actually pays — and when
Here’s the reassuring part: probate costs are paid by the estate, almost always at the end of the process, out of the estate’s assets or the proceeds of the home sale. Heirs generally don’t write checks along the way, and a family shouldn’t have to come out of pocket to get the process moving.
The same is true of the property itself — cleanout, repairs, and prep can usually be advanced and settled at closing, which is how I structure it for the families I work with.
One fee the family can often keep: the executor’s
The executor’s statutory fee is compensation, which means it’s taxable income. An inheritance, on the other hand, is generally not taxed. So when the executor is also an heir — which is most of the time — they often waive the fee and simply take their larger share as inheritance instead. Run the math with your CPA, but for many families this is an easy way to keep five figures in the family.
How some estates avoid these costs entirely
Not every estate pays full freight. Smaller estates can qualify for simplified procedures with minimal cost. Under a newer California law, many primary residences valued under roughly $750,000 can transfer through a streamlined petition instead of full probate. And property held in a funded living trust skips probate — and its statutory fees — altogether.
This is exactly why the very first question I help families answer is whether they truly need full probate at all. It’s worth a conversation with a probate attorney before assuming — most offer a free initial call.
Frequently asked questions
How much does probate cost on a $1 million estate in California? +
The statutory fee is $23,000 — 4% of the first $100,000, 3% of the next $100,000, and 2% of the remaining $800,000. Both the attorney and the executor are entitled to that amount, so up to $46,000 plus roughly $1,500–$3,000 in court and administrative costs.
Are probate fees based on the home’s equity or its full value? +
The full (gross) value. A $900,000 home with a $600,000 mortgage counts as $900,000 for statutory fee purposes — the debt is not subtracted.
Do the heirs have to pay probate costs out of pocket? +
Generally no. Costs are paid by the estate at the end of the process, usually out of the sale proceeds. Expenses along the way can typically be advanced and settled at closing.
Can the executor really waive their fee? +
Yes, and executor-heirs often do — the fee is taxable income, while their inheritance generally isn’t. It’s worth confirming the math with a CPA.
Is there any way to avoid these fees? +
Sometimes. Smaller estates qualify for simplified procedures, many primary residences under roughly $750,000 can use a streamlined petition, and homes in a funded living trust avoid probate entirely. Ask a probate attorney before assuming full probate is required.
This guide is general education, not legal or tax advice. Every estate is different — for specifics, consult your attorney or CPA, or reach out to Anne directly.
Have questions about your situation?
I help families navigate probate and trust real estate across Ventura County and Los Angeles County.