California Probate Code Section 10810
Most Californians have no idea what probate will actually cost their family. Use the calculator below to estimate the statutory attorney and executor fees, court costs, and timeline for an estate going through California probate.
Enter the gross value of the estate. California probate fees are calculated on the gross value, not the net value after debts.
Statutory fees are set by California Probate Code section 10810 and apply equally to the attorney and the personal representative.
Live estimate based on California Probate Code section 10810 and typical Los Angeles County probate costs.
Your family could have avoided all of these statutory fees and the 9 to 18 month timeline. Trust administration typically takes weeks, stays out of public court records, and skips the gross-value fee trap entirely.
This calculator provides estimates based on California Probate Code statutory fee schedules. Actual costs may vary based on case complexity, contested matters, extraordinary services, and county-specific filing fees. This tool is for educational purposes and does not constitute legal advice. For an analysis specific to your circumstances, schedule a consultation with Maria V. Primushko, Esq. at MVP Law Group, APC.
Understanding the numbers
California probate is uniquely expensive because both the attorney and the personal representative are entitled to the same statutory fee, and that fee is calculated on the gross value of the estate, not the equity. Here is what each line item represents.
Set by Probate Code section 10810: 4% on the first $100K, 3% on the next $100K, 2% on the next $800K, 1% on the next $9M, and 0.5% on the next $15M of gross estate value.
The personal representative is entitled to the identical fee schedule as the attorney. That doubles the statutory cost. A trustee under a living trust receives no such mandated fee.
The initial probate petition costs approximately $435 in Los Angeles County, with another $435 due for the first account. Additional motions and petitions add more over the life of the case.
California requires a court-appointed probate referee to appraise non-cash assets. The fee is 0.1% of the appraised value, which can be thousands of dollars on real estate or business interests.
If the will does not waive the bond, the executor must purchase a surety bond. Premiums typically run about 0.5% of the estate value annually, often required for the entire 9 to 18 month case.
California requires public newspaper notice to creditors and heirs. Cost depends on the publication and county but typically runs a few hundred dollars.
The typical California probate runs 9 to 18 months, and complex cases stretch to 2 to 3 years. During that period, assets are frozen and the family cannot freely sell the home or access accounts.
Selling real property, defending will contests, handling tax matters, or other complex work allows the attorney and executor to petition for extraordinary fees on top of the statutory amounts. Not estimated above.