California Probate Fee Calculator
Estimate Your Statutory Fees
- T. Owen Rassman, Esq., LL.M.
- Last Updated: May 22, 2026
California Probate Fee Calculator
Estimate ordinary statutory fees for formal California probate. Based on Probate Code sections 10800 and 10810. Different rules apply to spousal property petitions, small estate procedures, and trust administration.
Enter the gross appraised value of all probate assets: real estate (do NOT subtract mortgage debt), bank accounts, brokerage accounts, business interests, vehicles, and other personal property. Excludes assets that pass outside probate, including: joint tenancy property; community property with right of survivorship; assets held in a revocable living trust; life insurance, IRAs, 401(k)s, and other retirement accounts paid to named beneficiaries; POD and TOD accounts and securities; recorded Transfer on Death (TOD) deeds; and community or separate property passing to a surviving spouse or domestic partner.
Estimated Combined Statutory Fee
$0
Fee Breakdown
How California Probate Fees Are Calculated
California statutory probate fees are set by Probate Code 10800 (personal representative compensation) and Probate Code 10810 (attorney compensation). Both sections apply identical sliding scales. The combined fee on a given California estate, before any extraordinary services, is twice the schedule shown below. |
The fees are calculated on the value of the estate accounted for under Probate Code 10800, which is the inventory and appraisal value, plus receipts during administration (excluding principal), plus any gains on sales, less any losses on sales. Mortgage debt does not reduce the calculation base. This catches many San Diego County families off guard.
For example, a Carlsbad home appraised at $1,200,000 with a $400,000 mortgage is still subject to statutory probate fees calculated on the full $1,200,000, not on the $800,000 of equity.
Read the statutory text on California Legislative Information: California Probate Code 10800 and California Probate Code 10810.
For a full deep-dive on probate costs in California, including extraordinary fees, court costs, and probate referee charges, see our complete California probate fees guide.
The Statutory Sliding Scale (Probate Code 10800 and 10810)
The table below shows the per-side statutory fee schedule. The personal representative receives one full schedule. The estate’s attorney receives an identical full schedule for ordinary services. Combined statutory fees on any California estate equal twice the schedule.
Estate Value Bracket | Rate | PR Fee | Attorney Fee | Combined |
First $100,000 | 4% | $4,000 | $4,000 | $8,000 |
Next $100,000 ($100K to $200K) | 3% | $3,000 | $3,000 | $6,000 |
Next $800,000 ($200K to $1M) | 2% | $16,000 | $16,000 | $32,000 |
Next $9,000,000 ($1M to $10M) | 1% | Up to $90,000 | Up to $90,000 | Up to $180,000 |
Next $15,000,000 ($10M to $25M) | 0.5% | Up to $75,000 | Up to $75,000 | Up to $150,000 |
Above $25,000,000 | Court-determined reasonable amount | Variable | Variable | Variable |
Note: The values above show each side separately (personal representative and attorney). The Combined column shows the total of both. For estates above $25 million, the court determines a reasonable amount under Probate Code 10800(a)(7) and 10810(a)(7).
Common Estate Value Examples
Concrete numbers help families anchor expectations before a consultation. The five examples below show the combined statutory fee at common California estate values, drawn directly from the Probate Code 10800 and 10810 sliding scale.
Gross Estate Value | PR Fee (PC 10800) | Attorney Fee (PC 10810) | Combined Statutory Fee |
$500,000 | $13,000 | $13,000 | $26,000 |
$1,000,000 | $23,000 | $23,000 | $46,000 |
$2,000,000 | $33,000 | $33,000 | $66,000 |
$5,000,000 | $63,000 | $63,000 | $126,000 |
$10,000,000 | $113,000 | $113,000 | $226,000 |
All figures are approximate, calculated under the statutory sliding scale, and do not include extraordinary fees, probate referee appraisal, court filing fees, or publication costs.
What Is Not Included in the Statutory Fee Calculation
The calculator above estimates statutory fees only. A California probate typically carries several other costs that the statutory schedule does not capture. Across the probates Opelon LLP has administered from our Carlsbad office, total out-of-pocket costs often run higher than the statutory baseline once the additional items below are included.
Cost Category | Approximate Amount | Authority | ||
Extraordinary fees (non-routine services) | Variable, court-approved | Probate Code 10801 (PR), 10811 (attorney) | ||
Probate referee appraisal | 0.1% of property appraised by the referee ($75 minimum, $10,000 maximum per estate) | Probate Code 8961 and 8963 | ||
Court filing fee (first paper) | $435 | Government Code 70650(a); local surcharges may apply in some counties | ||
Certified document fee | $40 per certified copy | Government Code 70626(a)(4) | ||
SB 2 recording fees | $75 per document, capped at $225 | Government Code 27388.1 | ||
Bond premiums (if required) | Varies by bond amount | Probate Code 8480 et seq. | ||
Publication of notice | Approximately $200 to $500 | Probate Code 8121 | ||
Important The calculator above estimates statutory fees only. Total out-of-pocket probate costs on a typical California estate often run higher than the statutory fee once probate referee appraisal, court filing fees, certification fees, recording fees, publication, bond premiums, and any extraordinary services are added. | ||||
How a Revocable Living Trust Avoids These Fees
A properly funded California revocable living trust transfers assets to beneficiaries without the California probate process. No statutory fees apply under Probate Code 10800 or 10810 because the court does not appoint a personal representative or an attorney for the estate. |
Trust administration has its own costs. A successor trustee may be entitled to compensation, the trust’s attorney may charge a flat fee or modest hourly rate, and an appraiser may still be needed for date-of-death valuation. In our experience working with San Diego County families, those administration costs are typically a fraction of probate costs on a comparable estate.
Example comparison on a $1,000,000 California estate:
Cost Factor | Probate (PC 10800 / 10810) | Revocable Living Trust |
Statutory fees on $1M estate | Approximately $46,000 | $0 (no statutory schedule applies) |
Typical administration cost on $1M estate | Approximately $46,000 plus additional costs | Approximately $3,000 to $8,000 |
Court involvement | Required | Generally none |
Public record | Yes (court file is public) | No (private administration) |
Typical timeline | 12 to 18 months or longer | Several weeks to a few months |
Comparable estate values can produce dramatically different administration costs depending on whether the estate is held in a trust or passes through probate. To explore the alternative, see our pillar guide on the California revocable living trust. For a broader look at California trust structures, our California trusts complete guide covers revocable trusts alongside the irrevocable options used in larger estate plans.
Frequently Asked Questions
The calculator is based on California Probate Code Section 10800 (personal representative compensation) and California Probate Code Section 10810 (attorney compensation). Both sections apply identical sliding scales. The calculator estimates the combined statutory fees as twice the schedule, before any extraordinary services or additional probate costs.
The calculator estimates statutory fees only. Actual out-of-pocket probate costs typically run higher because of extraordinary fees for non-routine services, probate referee appraisal at 0.1 percent of non-cash assets appraised by the referee (subject to a $75 minimum and $10,000 maximum per estate), court filing fees, certification fees, recording fees, and publication costs. Treat the calculator as a starting estimate, not a final quote.
California probate fees are calculated on a sliding scale of the value of the estate accounted for, which is the inventory and appraisal value plus receipts (excluding principal) plus gains on sales, less losses on sales. The schedule is 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million, 0.5 percent of the next $15 million, and a reasonable amount determined by the court above $25 million.
Yes. Probate Code 10800 (personal representative) and Probate Code 10810 (attorney) apply identical sliding scales. The combined statutory fee on any California estate is twice the schedule. Most states authorize hourly billing or a reasonable fee determined by the court. California is one of a smaller number of states that sets attorney compensation in probate by a statutory percentage of the estate, which is a key reason many California families plan to avoid probate.
No. California statutory probate fees are calculated on the value of the estate accounted for under Probate Code 10800 (the inventory and appraisal value, plus receipts during administration, plus gains on sales, less losses on sales), not on net equity. A $1 million home with a $700,000 mortgage is still subject to probate fees based on the full $1 million value, not on the $300,000 of equity. This catches many California families off guard.
A properly funded revocable living trust transfers assets to beneficiaries without court involvement. No statutory fees apply, because there is no personal representative under Probate Code 10800 and no attorney for the estate under Probate Code 10810. Trust administration costs typically run a fraction of probate costs, often $3,000 to $8,000 on a $1 million estate compared with roughly $46,000 in statutory probate fees.
A probate referee is a court-appointed individual who appraises non-cash estate assets. California Probate Code Section 8961 sets the referee’s commission at one-tenth of one percent (0.1%) of the value of the property the referee appraises. Cash and bank accounts appraised by the personal representative under Probate Code 8901 are excluded from this base. Under Probate Code 8963, the referee’s commission is no less than $75 and no more than $10,000 per estate, although the court may allow more on application in unusual cases. The probate referee fee is in addition to statutory probate fees.
Yes. The personal representative may waive statutory compensation under Probate Code 10800. This is common when the personal representative is a family member who is also a beneficiary, because the statutory fee is taxable income while a beneficiary share is not. The waiver may be filed as a separate written waiver during administration or recited in the personal representative’s final report and petition for final distribution. Local court preferences vary.
xtraordinary fees compensate the personal representative or the estate’s attorney for non-routine services. Probate Code 10801 authorizes them for the personal representative, and Probate Code 10811 authorizes them for the attorney. Common examples include real estate sales, fiduciary income tax preparation, and other services beyond ordinary administration. The court must approve any extraordinary fee.
Yes. For non-contested California probates, Opelon LLP’s attorney compensation for ordinary services is the statutory fee set by California Probate Code Section 10810, calculated on the sliding scale shown in the calculator above. The personal representative’s compensation, if not waived, is set by the identical sliding scale under Probate Code Section 10800. Extraordinary fees under Probate Code Section 10811 may apply for non-routine services such as real estate sales, fiduciary income tax preparation, or litigation, and any extraordinary fee must be approved by the court. Schedule a consultation to discuss your situation.
When to Consult a California Probate Attorney
The calculator gives you a starting estimate. A short conversation with a California probate attorney often refines it considerably, because actual costs depend on the assets, the will, the heirs, and whether anything in the estate qualifies for a small-estate procedure.
Common reasons families in San Diego County reach out:
- You are the named personal representative on a will and the estate exceeds the California small-estate thresholds ($208,850 in personal property under Probate Code 13100, or a primary residence valued at $750,000 or less under Probate Code 13150 to 13158).
- You are a beneficiary or heir and want to understand your likely inheritance timeline and the fees that will come off the top before distribution.
- You are considering a California revocable living trust to spare your own family the cost shown in the calculator.
- You have already opened a probate and need help with extraordinary services such as a real estate sale or fiduciary income tax returns.
- You need help deciding whether a small-estate procedure applies, or whether a full probate is required.
Opelon LLP provides non-contested probate administration for California estates from our Carlsbad office at 1901 Camino Vida Roble STE 112, Carlsbad, CA 92008. Our attorney compensation for ordinary services is the statutory schedule set by California Probate Code Section 10810. Extraordinary fees under Probate Code Section 10811 may apply for non-routine services subject to court approval. Schedule a free consultation to discuss your specific situation.
Disclaimer
This page provides a California probate fee calculator and general information about California statutory probate fees, extraordinary fees, and probate administration. It is not legal advice. The calculator returns an estimate of statutory attorney and personal representative fees under California Probate Code Sections 10800 and 10810 based on the value you enter. The final statutory fee base set by the court under California Rules of Court 7.705 is the inventory and appraisal value plus receipts during administration, plus gains on sales, less losses on sales, and may produce a higher or lower fee than the estimate shown. The calculator does not estimate extraordinary fees under Probate Code Sections 10801 and 10811, probate referee commissions, court filing fees, publication costs, bond premiums, or other administration expenses. Laws and statutory thresholds change, and every probate is different. Using this calculator or reading this page does not create an attorney-client relationship with Opelon LLP. Consult a California probate attorney about your specific circumstances before relying on any figure shown. Opelon LLP is a California limited liability partnership located at 1901 Camino Vida Roble STE 112, Carlsbad, CA 92008. Responsible attorney for this content: T. Owen Rassman, Esq. (CA Bar No. 236974).
