How much does probate cost in California?

The short answer

California is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.

Attorney fees

Statutory under Cal. Prob. Code §10810: 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9M, 0.5% of next $15M.

Executor / personal representative fees

Same schedule as the attorney, under Cal. Prob. Code §10800. Both fees apply separately, so total ordinary fees are roughly double the schedule.

What the fee is based on

Calculated on the GROSS value of the estate — before subtracting any mortgage, loan, or lien. A $1.2M home with a $700k mortgage still generates fees on the full $1.2M.

Court filing fees

Roughly $435 per petition. A probate case usually involves more than one filing.

Appraisal / probate referee

California appoints a referee to appraise assets, typically charging about 0.1% of appraised value.

How long probate takes in California

9 to 18 months for a routine case; longer in backed-up counties. Contested estates, missing heirs, or real estate sales can extend that.

Creditor claim period

Four months after letters are first issued to the personal representative (or 60 days after notice is mailed to a specific known creditor, whichever is later), under Cal. Prob. Code §9100. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. $208,850 for deaths between April 1, 2025 and March 31, 2026; rises to $239,700 for deaths on or after April 1, 2026.
• Real-property shortcut. Primary residence valued up to $750,000 may transfer through a simplified petition (AB 2016).
• Transfer-on-death deed. California allows a Revocable Transfer on Death Deed (RTODD) for residential real estate under Cal. Prob. Code §5600 et seq. Owners can record a TOD deed naming a beneficiary; the property transfers to the beneficiary at death without probate.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Do you need a lawyer?

For most California estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.

The honest takeaway

The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed California’s small-estate thresholds, it’s worth talking to a licensed California estate attorney while you still have the option to plan.

Frequently asked questions about probate cost in California

How much does probate cost in California?

California sets probate fees by statute — both the attorney and the executor can each charge 4% of the first $100,000, scaling down from there — so a $500,000 estate typically runs about $26,000 in combined statutory fees, plus several hundred dollars in court costs.

What is the small-estate limit in California?

$208,850 for deaths between April 1, 2025 and March 31, 2026; rises to $239,700 for deaths on or after April 1, 2026.

Who pays the probate costs in California?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in California?

Often, yes. California is the highest-value probate state to avoid because statutory fees are unusually expensive (combined attorney and executor commissions double up). For most California families, a funded revocable living trust combined with TOD deeds on residential real estate eliminates probate on the largest assets.

How long does probate take in California?

9 to 18 months for a routine case; longer in backed-up counties. For the full breakdown of what speeds it up or slows it down, see How Long Does Probate Take in California?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in California — the state-specific avoidance playbook.

• How Long Does Probate Take in California? — the companion timeline guide for California.

• What Happens If You Die Without a Will in California? — how California splits an estate when there is no will.

• Will vs. Trust: Which Do You Need? — for California residents weighing whether a trust is worth it.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).

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This page explains California probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the California courts or a licensed California attorney. Sources: Cal. Prob. Code §10800, Cal. Prob. Code §10810, Cal. Prob. Code §13100, Cal. Prob. Code §13150–13158, Cal. Prob. Code §9100, Assembly Bill 2016.