California / Probate fee calculator
What could probate cost?
Estimate ordinary statutory fees for the attorney and personal representative in a California probate. Start with three questions. Other estate expenses are separate.
A little about your estate.
Your estimate.
A clearer picture starts here.
Answer the questions to see what probate could look like for your estate.
- 01Attorney and executor fees
- 02A rough timeline
- 03Where a living trust may help
How are probate fees calculated in California?
California uses a tiered schedule for ordinary probate compensation. Apply each percentage only to the amount within that band, then add the results.
| Portion of the probate fee base | Rate for each role |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9 million | 1% |
| Next $15 million | 0.5% |
| Amount above $25 million | Determined by the court |
The schedule applies separately to the attorney and the personal representative, the executor or administrator handling the estate. This calculator assumes one of each receives the full scheduled amount.
For estates above $25 million, the court determines compensation on the excess. The scheduled portion shown is not a complete fee estimate.
Example: a $1 million home
Assume a home is the only probate asset, its entire $1,000,000 value belongs to the estate, and there are no other fee-base adjustments. With a $600,000 mortgage, equity is $400,000, but the statutory fee base is still $1,000,000.
- Attorney compensation
- $23,000
- Personal representative compensation
- $23,000
- Combined estimate
- $46,000
These amounts assume both receive the full scheduled compensation. A personal representative may choose not to take a fee. This is not a total probate budget.
Per role: ($100,000 × 4%) + ($100,000 × 3%) + ($800,000 × 2%) = $23,000.
For the wider picture, read How Much Does Probate Cost in California?
A quick note on the numbers.
This estimate covers ordinary statutory attorney and personal representative compensation. Court filing fees, appraisal and publication expenses, and other administration costs are separate.
The court may also award additional compensation for extraordinary services, such as certain property-sale work or litigation. That additional compensation is not automatic and is not included here.
This estimate does not determine whether probate is required or whether a simplified procedure is available. Explore the Probate Threshold tool for a separate educational check.
This tool is for general education, not legal advice. Results are simplified estimates and may not reflect your exact situation.
How the fee base and assumptions work
The legal fee base can include estate receipts and gains or losses on sales, rather than only the initial inventory value. Mortgages and other debts do not reduce that base. This calculator applies the schedule to the single value you enter; it does not prepare a probate accounting. Compensation payments require court approval.
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