Last verified 2026-10-14; facts checked against the primary sources below

California probate referee fees: 0.1% and expenses

Q: Who pays, and can payment hold up the appraisal?

Under section 8960 , commission and expenses are paid from the estate as an administration expense. The referee must promptly deliver the completed appraisal and may not withhold it until these charges are paid. This does not erase the estate's obligation to pay. Keep the invoice with the executor-expense records and estate ledger. If the amount is disputed, request the calculation and get case-specific guidance rather than ignoring the bill.

Last verified: October 14, 2026

The short answer: The statutory probate-referee commission is one-tenth of one percent, or 0.1% (multiply by 0.001), of the property the referee appraises for the estate. Property appraised by the personal representative under section 8901 or an independent expert under section 8904 is excluded from that calculation. Actual and necessary expenses are additional. The commission has a $75 minimum and ordinarily a $10,000 maximum, with a court-approved exception above the maximum.

These are appraisal charges, not the court filing fee or the executor's or attorney's statutory compensation. They are one part of California probate costs.

How do you calculate the commission?

Probate Code section 8961 supplies the rate and exclusions. Section 8963 supplies the minimum, maximum and procedure for a higher award.

Fictional value appraised by the referee	Rate calculation	Commission before expenses
$50,000	$50,000 × 0.001 = $50	$75 minimum
$400,000	$400,000 × 0.001	$400
$1,000,000	$1,000,000 × 0.001	$1,000
$12,000,000	$12,000,000 × 0.001 = $12,000	$10,000 ordinary maximum, subject to court-approved exception

These examples concern a single estate's appraised property. Do not apply the minimum separately to each asset, subtract a mortgage simply to reduce the fee, or multiply the entire family balance sheet without identifying which property the referee actually appraises. Ask the assigned referee to explain the calculation for the filed inventory.

Which assets belong in the fee base?

The State Controller's probate-referee guide describes the statutory fee using assets on Attachment 2 of the inventory. The personal representative and referee have different appraisal roles. Our California estate-inventory guide explains DE-160, DE-161, cash categories and date-of-death evidence.

A bank statement is not enough to classify every holding as cash: a brokerage account can contain securities requiring appraisal. Equally, not every asset a family identifies necessarily belongs to this probate estate. Resolve ownership and appraisal categories rather than using a guessed total.

What expenses can be added?

Section 8961 permits actual and necessary expenses and requires a verified account of them on, or filed with, the inventory and appraisal. The Controller's guide gives mileage, mapping and photographs as examples. The $75 and $10,000 figures concern commission, not a promise that the total invoice including expenses fits those bounds.

Ask for an explanation separating:

The property and total value used for commission.
The percentage calculation and any minimum or maximum adjustment.
Each expense and its supporting description.
Any additional appraisal or court order affecting the charge.

Who pays, and can payment hold up the appraisal?

Under section 8960, commission and expenses are paid from the estate as an administration expense. The referee must promptly deliver the completed appraisal and may not withhold it until these charges are paid. This does not erase the estate's obligation to pay.

Keep the invoice with the executor-expense records and estate ledger. If the amount is disputed, request the calculation and get case-specific guidance rather than ignoring the bill.

Does the same rate govern a private trust appraisal?

Do not automatically assume so. The Controller's guide distinguishes statutory appraisals from trust and other nonprobate work, where fees can be negotiated. Tell the referee which proceeding or purpose applies and request the fee terms before commissioning work. The Controller's official probate-referee page explains appointments and links its directory and guide.