Last verified 2026-08-17; facts checked against the primary sources below
California probate fees: 2026 calculator and cost guide
Last verified: August 17, 2026
The short answer: California's ordinary probate compensation follows a sliding scale: 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. The court sets a reasonable amount above $25 million. The personal representative and the attorney may each receive an ordinary fee calculated with that formula, so a $500,000 estate produces up to $13,000 for the representative and $13,000 for the attorney before filing, publication, appraisal, bond, tax, and other expenses.
California probate fee calculator table
Use the estate value in the first column as a quick estimate. “One ordinary fee” is the statutory calculation for either the personal representative or the attorney. The combined column assumes both receive the full ordinary fee.
| Estate value used for the formula | One ordinary fee | Representative + attorney |
|---|---|---|
| $50,000 | $2,000 | $4,000 |
| $100,000 | $4,000 | $8,000 |
| $200,000 | $7,000 | $14,000 |
| $250,000 | $8,000 | $16,000 |
| $500,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $46,000 |
| $2,000,000 | $33,000 | $66,000 |
| $5,000,000 | $63,000 | $126,000 |
These figures apply the formulas in California Probate Code sections 10800 and 10810. They are estimates, not a fee award or quote for a particular estate.
How do you calculate California probate fees?
Calculate one ordinary fee in tiers rather than multiplying the entire estate by one percentage:
- Multiply the first $100,000 by 4%.
- Multiply the amount from $100,000 to $200,000 by 3%.
- Multiply the amount from $200,000 to $1 million by 2%.
- Multiply the amount from $1 million to $10 million by 1%.
- Multiply the amount from $10 million to $25 million by 0.5%.
- Add the tiers together. The court determines compensation on value above $25 million.
For a $500,000 estate, the calculation is:
| Tier | Calculation | Fee |
|---|---|---|
| First $100,000 | $100,000 × 4% | $4,000 |
| Next $100,000 | $100,000 × 3% | $3,000 |
| Remaining $300,000 | $300,000 × 2% | $6,000 |
| One ordinary fee | $13,000 |
If both the personal representative and the attorney receive full ordinary compensation, the combined total is $26,000.
Is the fee based on gross or net estate value?
The ordinary compensation base is not simply what beneficiaries receive after debts. Probate Code section 10800 uses the value of the estate accounted for by the personal representative: the inventory and appraisal, plus gains over appraised value and qualifying receipts, minus losses from appraised value. The statute says encumbrances are not deducted when calculating the fee.
That matters when an estate includes a mortgaged home. A house appraised at $750,000 does not become a $250,000 asset for this calculation merely because a $500,000 mortgage remains. The actual fee base can also change with sales, gains, losses, and receipts during administration, so the inventory value alone is only an estimate.
Are executor fees and attorney fees separate in California?
Yes. Probate Code section 10800 governs ordinary compensation for the personal representative. Section 10810 authorizes the attorney for the personal representative to receive compensation calculated on the same scale.
The statutes permit these fees; they do not force every eligible person to take the maximum. A personal representative may waive compensation. An attorney's engagement terms and the final petition for compensation should be reviewed directly. The court generally approves compensation near the end of the case.
What are extraordinary probate fees?
Extraordinary compensation is separate from the ordinary statutory fee. Probate Code section 10811 allows the court to award additional compensation for extraordinary services in an amount the court finds just and reasonable.
Whether work is extraordinary depends on the case. Do not add an assumed percentage to the calculator. The person requesting extraordinary compensation must describe the services and ask the court to approve the amount.
What other California probate costs should you expect?
Ordinary representative and attorney compensation are only part of the total. California Courts identifies filing, newspaper publication, and appraisal as separate administration costs. Other case-dependent expenses can include:
| Cost | What affects it |
|---|---|
| Court filing | The petition or later filing and the current statewide fee schedule |
| Newspaper publication | The approved newspaper and county where notice must run |
| Probate referee | The assets that require appraisal and their value |
| Bond premium | Whether the court requires bond and the amount ordered |
| Certified copies | The number of court-certified documents institutions require |
| Property expenses | Insurance, repairs, storage, utilities, and sale costs |
| Tax work | Final individual returns, fiduciary returns, and estate complexity |
| Extraordinary compensation | Additional work specifically approved by the court |
California Courts says administration expenses are often well over $1,000 and can be much more. Many expenses must be advanced before they can be reimbursed from estate funds. Check the 2026 statewide civil fee schedule and the local court before filing.
Does every California estate pay statutory probate fees?
No. The statutory compensation applies to court-supervised probate administration. Assets may transfer outside formal probate through a living trust, joint ownership with survivorship, a beneficiary designation, or a qualifying simplified procedure.
Start by identifying how each asset was titled and who was named to receive it. Then use Do I need probate in California? and the California small-estate affidavit guide to determine whether the formal-probate calculator is relevant.
What should you do before relying on an estimate?
- List the assets that are actually part of the probate estate.
- Record the gross date-of-death values without automatically subtracting loans.
- Separate probate assets from trust, joint, and beneficiary-designated assets.
- Calculate one ordinary fee, then determine whether both a representative and attorney will request compensation.
- Add filing, publication, appraisal, bond, property, and tax expenses separately.
For timing and process context, see how long California probate takes and the California executor checklist.
This calculator provides a general statutory estimate, not legal advice or a prediction of what a court will award in a specific case.
Primary sources
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10800
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10810
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10811
- https://selfhelp.courts.ca.gov/probate/formal-probate
- https://courts.ca.gov/system/files/file/statewide-civil-fee-schedule-eff-01012026.pdf