Are attorney and executor fees separate?

Yes. California Probate Code sections 10800 and 10810 authorize ordinary compensation for the personal representative and attorney on the same graduated schedule.

Free California calculator

California probate fee calculator

Q: How are ordinary California probate fees calculated?

One ordinary fee is 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 compensation above $25 million.

Estimate ordinary statutory compensation from the gross value of assets in the probate estate. See one fee and the possible combined representative-and-attorney amount.

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What formula does the calculator use?

California Probate Code sections 10800 and 10810 use the same graduated schedule for ordinary personal-representative and attorney compensation: 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 amounts are statutory estimates, not a court award. Extraordinary services, filing, publication, appraisal, bond, property, and tax costs are separate. Read the full California probate fee guide.

Does every estate pay these fees?

No. The calculation applies to court-supervised probate assets. Trust assets, survivor-owned property, beneficiary-designated accounts, and qualifying simplified transfers may bypass formal probate. Start with Do I need probate in California?