ArticleProbate costs & fees
How much does probate cost in California? A worked example on a $1.2M estate
The short answer
On a California estate with a gross value of $1,200,000, the statutory attorney fee under Probate Code §10810 is $25,000, and the personal representative is entitled to the same amount separately — $50,000 in combined statutory compensation, before court filing fees, publication, appraisal, and bond.
The calculation, band by band
The statute is a sliding scale applied to the gross value of the estate accounted for. Each band is applied in turn, and the results are added:
| Rate | Applies to | Fee |
|---|---|---|
| 4% | First $100,000 | $4,000 |
| 3% | Next $100,000 | $3,000 |
| 2% | Next $800,000 | $16,000 |
| 1% | Remaining $200,000 | $2,000 |
| Attorney, statutory | $25,000 | |
| Personal representative, statutory | $25,000 | |
| Combined | $50,000 | |
Gross value, not equity
This is the part that surprises most families. The statutory fee is calculated on the gross value of the estate accounted for, not on what is left after debts. A house appraised at $900,000 with an $700,000 mortgage still counts as $900,000 for the purposes of the calculation. An estate can therefore owe substantial statutory fees while holding comparatively little equity.
The practical consequence: in California, the property that pushes an estate into probate is often the same property that makes probate expensive.
The costs that sit outside the statute
Court filing fees — set by the court, and charged on the petition and on certain later filings.
Probate referee appraisal — a court-appointed referee values non-cash assets, including real property.
Publication — notice of the petition must be published in a qualifying newspaper.
Bond — required in some cases, waivable in others depending on the will and the court.
Extraordinary fees — where the estate requires work beyond ordinary administration, such as a sale of real property or contested litigation, the attorney may petition the court for additional compensation.
Filing fees, publication costs, and referee charges vary by county and change over time. Current figures require verification with the relevant superior court before they are relied on. Law last verified Aug 2026.
What can reduce the cost
Three things, mostly. Confirming that a simplified alternative applies, so no formal probate is opened at all. Establishing that particular assets pass outside probate and therefore fall outside the accounted-for value. And, where the will permits it, a personal representative who is also a beneficiary waiving their statutory compensation, since that fee would otherwise come out of the estate the family is inheriting.
A Case Strategy Session reviews the actual asset list and confirms which route the estate belongs in before costs are incurred.
General information about California law, not legal advice, and reading it does not create an attorney-client relationship. Consultations are paid. Responsible attorney: Jayson R. Elliott.