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California Probate Fee Calculator

Estimate statutory attorney and executor fees using the California Probate Code schedule (§10800 / §10810). Enter the gross probate estate value. Free, instant, no data stored.

Use the full appraised value of probate assets — real estate at full value (not equity), bank accounts, investments, etc. Exclude joint-tenancy property, retirement accounts, life insurance with a named beneficiary, and living-trust assets.

Estimated Probate Fees

Total Statutory Fees $36,000
Attorney Fee $18,000
Executor / Administrator Fee $18,000

Attorney and executor each receive the statutory fee. Total is 2× the schedule amount.

Source: Cal. Prob. Code §10800, §10810 (July 1, 1988 (unchanged)).

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The California statutory fee schedule

California Probate Code §10800 (executor/administrator) and §10810 (attorney) set identical sliding-scale fees:

Estate ValueRate on That Portion
First $100,0004%
Next $100,000 (to $200k)3%
Next $800,000 (to $1M)2%
Next $9,000,000 (to $10M)1%
Next $15,000,000 (to $25M)0.5%
Above $25,000,000Court-determined "reasonable" fee

Both the attorney and the executor each receive the full schedule amount, so the combined statutory fees equal 2× the schedule. For a $750,000 estate: 4% × $100k + 3% × $100k + 2% × $550k = $18,000 each, $36,000 total.

The mortgage trap

A common surprise in California probate: the fee is calculated on the full appraised value of real property, not the equity. A $900,000 house with a $600,000 mortgage contributes $900,000 to the fee base — the same as if the home were owned free and clear.

Extraordinary fees

If the estate involves contested litigation, tax issues, or unusually complex administration, the attorney can petition for additional "extraordinary fees" on top of the statutory amount (Prob. Code §10811). The executor may also petition for extraordinary compensation (§10801).

Avoiding probate in California

California's $184,500 (2024) small-estate threshold allows a simplified affidavit procedure for estates below that value. Assets above that threshold held in a revocable living trust pass to beneficiaries without probate — and without the statutory fee.

Frequently asked questions

Can I negotiate a lower attorney fee? Yes. The statutory schedule is the maximum presumed-reasonable fee, not a floor. Many attorneys offer a reduced flat fee for simple, uncontested estates.

Must the executor take their fee? No. A family member acting as executor commonly waives the fee, especially when they are also a beneficiary, to avoid income tax on the compensation.

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