Last verified 2026-07-15; facts checked against the primary sources below

California probate fees: what the statutory formula actually costs

California law allows an ordinary fee for the personal representative and a separate ordinary fee for the attorney. Each uses the same sliding scale based on the estate accounted for by the personal representative: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. Above $25 million, the court sets a reasonable amount.

These are not percentages of what beneficiaries receive after debts. Probate Code section 10800 says the calculation uses the estate's appraised value plus certain receipts, without subtracting encumbrances such as a mortgage.

What are the ordinary probate fees on a $500,000 estate?

Applying the statutory formula to $500,000 produces an ordinary fee of $13,000 for the personal representative. If an attorney receives the full ordinary statutory fee too, that is another $13,000, for $26,000 combined before court filing fees, publication, appraisal charges, bonds, tax work, or extraordinary fees.

The table is a direct application of Probate Code sections 10800 and 10810. It is not a quote for a particular estate.

Are attorney and executor fees always charged?

The statutes authorize compensation; they do not require every eligible person to take the full amount. A personal representative may waive compensation. Attorney engagement terms should be reviewed directly with the attorney.

The court may also allow additional compensation for extraordinary services under Probate Code section 10811. That is separate from the ordinary-fee calculation.

What other probate costs should a family expect?

Common third-party expenses can include the initial court filing fee, certified copies, publication of notice, probate-referee appraisal fees, bond premiums when a bond is required, property expenses, and tax preparation. The Judicial Council's statewide fee schedule lists current court charges; county and vendor costs vary.

Does every California estate pay these fees?

No. Assets that transfer through a trust, beneficiary designation, joint ownership, or a qualifying small-estate procedure may avoid formal probate. Determine the transfer route before using an estate's gross value to estimate costs.

Next: Check whether probate is required or see our published flat-fee pricing.