The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for California with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page California reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our California probate pages.
California probate fees
| Item | California |
|---|---|
| Court filing fee | Roughly $435 per petition. A probate case usually involves more than one filing. |
| 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. |
| Fee basis | statutory |
| Appraisal / referee | California appoints a referee to appraise assets, typically charging about 0.1% of appraised value. |
Worked example
On a $500,000 California estate, the statutory executor commission under Cal. Prob. Code §10800 is $13,000 (4% of $100k + 3% of $100k + 2% of $300k). The estate's attorney is entitled to the same $13,000 separately under §10810, which carries an identical scale — so statutory compensation alone totals about $26,000.
California thresholds and deadlines
| Item | California |
|---|---|
| Small-estate threshold | $208,850 for deaths on or after April 1, 2025. Cal. Prob. Code §890 adjusts the amounts every three years and the Judicial Council publishes the adjusted list; the published list gives April 1, 2025 as the current date and states the values will next be adjusted April 1, 2028. |
| Creditor claim period | Cal. Prob. Code §9100(a): a creditor must file before expiration of the LATER of four months after the date letters are first issued to a general personal representative, or sixty days after the date notice of administration is mailed or personally delivered to the creditor. §9100(a)(2) adds that nothing in that paragraph extends the time provided by Code of Civil Procedure §366.2, and §9100(c) that nothing in the section extends or tolls any other statute of limitations — so the filing window does not rescue a claim already time-barred. |
| Statutory floor (creditor period) | Cal. Prob. Code §9100(a): a creditor must file before expiration of the LATER of four months after the date letters are first issued to a general personal representative, or sixty days after the date notice of administration is mailed or personally delivered to the creditor. §9100(a)(2) adds that nothing in that paragraph extends the time provided by Code of Civil Procedure §366.2, and §9100(c) that nothing in the section extends or tolls any other statute of limitations — so the filing window does not rescue a claim already time-barred. |
| Simplified real-property transfer | 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. SCHEDULED REPEAL: §5600(c) provides that Part 4 shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2032, deletes or extends that date. The same subdivision provides that the repeal shall not affect the validity or effect of a revocable transfer on death deed that is executed before January 1, 2032. The date was set by SB 315 (Stats. 2021, ch. 215); the published text carries no later extension as of 2026-09-21. |
What passes outside California probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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. SCHEDULED REPEAL: §5600(c) provides that Part 4 shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2032, deletes or extends that date. The same subdivision provides that the repeal shall not affect the validity or effect of a revocable transfer on death deed that is executed before January 1, 2032. The date was set by SB 315 (Stats. 2021, ch. 215); the published text carries no later extension as of 2026-09-21.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Cal. Prob. Code §10800; Cal. Prob. Code §10810; Cal. Prob. Code §13100; Cal. Prob. Code §13150–13158; Cal. Prob. Code §9100; Assembly Bill 2016
- State authority: California Courts Self-Help Center (courts.ca.gov)
- Attorney fees: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10810&lawCode=PROB
- Executor fees: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10800&lawCode=PROB
- Small-estate procedure: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100&lawCode=PROB
- Simplified real-property transfer: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2016
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the California court before relying on it.
The full California guides
- How Much Does Probate Cost in California? — the full cost breakdown.
- How Much Does an Executor Get Paid in California? — the fee rule in detail.
- How Long Does Probate Take in California? — the timeline and its statutory floor.
- Executor Deadlines in California — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in California — the transfers that pass outside it.
- How Much Does a Will Cost in California? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out California probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the California courts or a licensed California attorney.