California Probate Fees

If you have recently lost a loved one and discovered their estate needs to go through probate, you are probably wondering: how much does probate actually cost?

The cost of probate in California is among the highest in the nation, with statutory attorney and executor fees alone often reaching tens of thousands of dollars. For San Diego County families managing an estate worth $1 million, total probate costs can easily exceed $50,000.

Understanding these costs upfront helps you plan, budget, and make informed decisions about the estate administration process. This guide breaks down every type of California probate fee, explains how statutory fees are calculated, and shows you real examples of what families in Carlsbad and throughout San Diego County can expect to pay.

Key Takeaways

• The cost of probate in California typically ranges from 4% to 7% of the gross estate value, with statutory fees for both attorney and executor set by California Probate Code Section 10810.
• For a $1 million estate, expect approximately $46,000 in combined statutory fees, plus court costs, appraisal fees, and other expenses.
• Probate fees are calculated on gross estate value, meaning your mortgage balance is not subtracted from the calculation.
• Estates valued at $208,850 or less (effective April 1, 2025) may qualify for simplified small estate procedures under California Probate Code Section 13100.
• Additional costs include court filing fees ($435), probate referee fees (0.1% of appraised assets), publication costs, and potential bond premiums.

The Six Types of Probate Costs in California

California probate involves six main categories of costs that families should anticipate when administering an estate. These include court filing fees, statutory attorney fees, executor compensation, bond premiums, appraisal costs, and miscellaneous administrative expenses.

Each cost category serves a specific purpose in the probate process. Some fees are fixed by statute, while others vary based on estate complexity and local requirements. Here is what you need to know about each one:

1. Court Filing Fees: The initial petition to open probate costs $435 in San Diego County and most California courts. Additional petitions filed during administration also cost $435 each.
2. Statutory Attorney Fees: California law sets attorney compensation based on a percentage of the gross estate value. These fees are not negotiable and are defined in Probate Code Section 10810.
3. Personal Representative Fees: The executor or administrator receives the same statutory fee as the attorney. Many family members serving as executor waive this fee, but they are entitled to it.
4. Probate Bond Premiums: When required, bond premiums typically run 0.5% to 1% of the estate value annually. Bonds protect beneficiaries against executor misconduct.
5. Probate Referee Fees: The court-appointed referee who appraises estate assets charges 0.1% of the appraised value, as authorized by Probate Code Section 8961.
6. Miscellaneous Costs: Publication fees for required legal notices ($200 to $500), certified copies, recording fees, and potential extraordinary fees for complex matters.

How California Calculates Statutory Probate Fees

Under California Probate Code Section 10810, statutory fees are calculated using a tiered percentage system applied to the gross value of the probate estate. Both the attorney and the personal representative are entitled to identical compensation under this formula.

California uses a straightforward statutory formula that applies the same percentages whether you have a simple estate or a complex one. The fee tiers work as follows:

Important: Remember that both the attorney and the executor receive this fee. For most estates, you should double the amounts shown above to calculate total statutory fees.

Real Examples: What California Families Actually Pay

For a typical San Diego County home valued at $1 million, combined statutory probate fees total $46,000, with the attorney receiving $23,000 and the executor entitled to an additional $23,000.

To help you understand what probate might cost for your family’s situation, here are fee calculations for common estate values in the Carlsbad and San Diego area:

Why the Gross Value Calculation Catches Families Off Guard

One of the most surprising aspects of California probate fees is that they are calculated on the gross value of assets, not the net equity. Your mortgage balance, car loans, and other debts are not subtracted when determining fees.

Consider this example: A family home in Carlsbad is worth $1,200,000, but the deceased still owed $400,000 on the mortgage. Even though the net equity is only $800,000, statutory probate fees are calculated on the full $1,200,000 value. This results in approximately $52,000 in combined statutory fees, not the $36,000 many families expect.

Additional Probate Costs Beyond Statutory Fees

Beyond statutory attorney and executor fees, California probate involves several other costs including court filing fees, publication costs, probate referee fees, and potential bond premiums that can add thousands more to the total expense.

What Are Extraordinary Fees in California Probate?

In addition to statutory fees, California law allows the court to award extraordinary fees for services beyond routine estate administration. These additional fees require court approval and are determined on a case-by-case basis.

Situations that may warrant extraordinary fees include:

• Selling real property or managing real estate transactions
• Handling complex tax matters or filing estate tax returns
• Operating or selling a business owned by the estate
• Managing specialized assets like intellectual property or investment portfolios
• Litigation on behalf of the estate