How Much Does Probate Cost in California?

In California, probate typically costs anywhere between 4%-7% of the estate’s gross value. For example, for a Los Angeles-area home that costs $800,000, the baseline fees will be $38,000. This does not include court fees, appraiser fees, litigation expenses, or publication costs, which can add thousands more to the final bill (if not more).

Ultimately, it is almost impossible to give an exact figure. That is because it depends entirely on the estate’s size and complexity, as well as whether any complications or family disputes arise during probate. Additionally, California sets its baseline rates by state law, and these rates are quite high. As a result, even modest estates can be incredibly expensive to settle. 

What Are the Statutory Probate Fees in California?

California law sets the rates for the attorney and the executor by using a sliding scale. Because these fees are set by state law, they will usually be the absolute minimum you should expect to pay for any estate going through the formal probate process. In reality, you will likely be paying quite a bit more.

The statutory fee scale applies to the gross value of the estate as follows:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000

Here are some examples of what that looks like:

How Is the Value of the Estate Calculated for Probate Fees?

California calculates probate fees by using the total gross value of the estate. That means mortgages, debts, liens, or loans that apply to the estate do not count against the estate’s value. As a result, the probate fees are often comparatively more expensive than what your heirs are actually receiving.

For example, if you own a home in West Hollywood worth $1,000,000 but still owe $700,000 on the mortgage, the actual equity you are passing down is only $300,000. But when the probate court calculates the statutory fees, they will be based on the $1,000,000 gross value. That comes out to a total of $46,000, which is nearly 1/6 of the equity. 

What Are the Additional Costs of Probate in California?

Beyond the statutory attorney and executor fees, a California probate case requires paying court filing fees, probate referee appraisal fees, publication costs, and surety bonds. These miscellaneous administrative expenses are mandatory and typically add an extra $2,000 to $5,000 to the final bill.

These administrative costs must often be paid upfront by the petitioner or the estate attorney before any assets can be liquidated or distributed.

The primary out-of-pocket expenses required to clear probate include:

• Court Filing Fees. The initial petition to open probate costs a base fee of $435. When the estate is ready to close, filing the final petition for distribution costs another $435.
• Probate Referee Fees. A court-appointed appraiser, known as a Probate Referee, must value all non-cash assets in the estate. They charge a statutory fee of 0.1% of the total value of the assets they appraise, plus minor travel and copy expenses.
• Publication Costs. California law requires you to publish a notice of the probate petition in a local newspaper of general circulation where the deceased person lived. This public notice ensures creditors have a chance to file claims, and it usually costs between $300 and $800 depending on the publication’s rates.
• Surety Bond Premiums. Unless the deceased person’s will explicitly waives the bond requirement or all beneficiaries sign waivers, the court requires the executor to purchase a surety bond. This bond acts as an insurance policy to protect the estate against fraud or mismanagement, and the annual premium depends entirely on the total value of the estate’s assets.

Why Does Probate Cost More if There Is No Will?

When a person passes away without a valid estate plan (known as “dying intestate”), the case is handled under California’s intestate succession laws. Without clear instructions from the deceased, the court must follow strict ancestral guidelines that completely ignore personal preferences and modern family dynamics.

For individuals who have a significant chosen family, dying without an estate plan can be financially catastrophic. For example, if you own a home that is only in your name and have been with your unmarried romantic partner for decades, your partner has absolutely no right to your home or anything you own when you pass. Even if you intended for them to receive everything but you just never got around to formalizing those intentions, they could be kicked out of your home by distant or hostile relatives.

Additionally, when an unsupportive biological relative steps in to claim an estate over a long-term partner or close friend, costly litigation often follows. When an estate becomes contested, attorneys are no longer bound only to the statutory fee schedule. They can petition the court for “extraordinary fees” to cover the hours spent fighting in court, which can easily drain tens of thousands of additional dollars from the estate.

Frequently Asked Questions About California’s Probate Process

How long does probate take in California?

Probate in California takes a minimum of 9 to 12 months, though most standard estates take roughly 12 to 18 months to fully resolve. The process takes this long because creditors are legally allowed a four-month window to submit claims after the public notice is published, and backlogs in local county courts frequently delay hearing dates.

Do executors always take the statutory fee?

No, executors do not always take the statutory fee, especially if they are close family members or sole beneficiaries of the estate. Because statutory executor fees are treated as taxable income by the IRS, many family members choose to waive their fee to keep more money in the estate.

What happens if the estate has no cash to pay probate fees?

If an estate consists entirely of real estate and has no liquid cash, the executor or the probate attorney will often advance the initial court filing and publication fees out of pocket.

To pay off the final statutory fees and court costs, the executor will usually have to sell the real estate during the probate process before any final funds can be distributed to the heirs.

Kushner Legal Helps Californians Protect Their Loved Ones During Probate

By consulting with experienced Beverly Hills estate planning attorneys, you can establish a robust, protective strategy that keeps your hard-earned assets in the hands of your loved ones and out of the courtroom.

Whether you need to open a probate case for a family member or build a tailored living trust that safeguards your future, Kushner Legal is here to help you take care of those you value most.

Contact Kushner Legal today to schedule a consultation and take control of your estate’s future.