Losing a loved one can be very difficult. Discovering that you have to undergo the costly probate process can make this time even more challenging. By outlining the Statutory Probate Fee Schedule, we hope to shed light on the importance of having a comprehensive estate plan in place.
In California, probate fees are regulated by the California Probate Code. Below, we break down how California probate fees are calculated, explain the hidden trap that drives costs up for homeowners, and introduce our Interactive California Probate Calculator to give you an accurate estimate.
California uses a tiered, descending percentage structure to determine ordinary fees for the attorney and the personal representative (executor).
| Estate Gross Value Tier | Statutory Fee Percentage |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Court’s Discretion |
Note that because both the attorney and the executor are entitled to this fee, the baseline cost of probate is double what you see on the chart if both parties take their statutory compensation.
Let’s say an individual owned a home valued at $1,500,000 and a few bank accounts. Here is how the math breaks down for one side of the fees (either the attorney or the personal representative):
If both the attorney and the personal representative claim their statutory fees, the baseline cost jumps to $66,000.
Some people may assume that if they inherit a $1,000,000 home with an $800,000 mortgage, probate fees will be based on the $200,000 of actual equity. The reality is that statutory probate fees are calculated on the gross value of the estate, entirely ignoring debts, loans, or mortgages. That means a heavily mortgaged house triggers the same legal fees as a house owned free and clear.
Enter the estimated gross value of the probate estate, before subtracting debts, to calculate ordinary statutory attorney fees under California's probate fee schedule.
To calculate the gross estate, estimate the current value of each asset. Do not reduce the value to account for for debts or mortgages.
This calculator estimates ordinary statutory fees only. It does not include court costs, probate referee fees, publication fees, extraordinary fees, taxes, creditor claims or other administration expenses.
The best way to handle California probate fees is to avoid them entirely. By establishing a comprehensive estate plan centered around a Revocable Living Trust, you can ensure your assets pass directly to your loved ones privately, quickly, and without handing tens of thousands of dollars over to the court system.
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