If you’re facing probate in California, the first question on your mind is probably: what is this going to cost my family? Unlike many legal fees, California doesn’t leave this to negotiation. State law sets a statutory fee schedule that determines exactly what the attorney and the personal representative (executor) are each paid, based on the gross value of the estate.
The Statutory Fee Schedule
Under California Probate Code §§10800 and 10810, both the attorney for the estate and the personal representative are entitled to identical compensation, calculated on a sliding scale:
- 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
- A “reasonable amount” set by the court for anything above $25,000,000
Each tier only taxes the portion of the estate that falls within it, similar to how income tax brackets work.
A Real Example
Take a $500,000 estate. The first $100,000 is charged at 4% ($4,000), the next $100,000 at 3% ($3,000), and the remaining $300,000 at 2% ($6,000). That’s $13,000 in statutory fees. But since the attorney and the personal representative are each separately entitled to that amount, the total paid out of the estate is $26,000, not $13,000.
What This Doesn’t Include
The statutory fee only covers “ordinary” services. Extraordinary work, such as selling real property, handling litigation, or preparing estate tax returns, is billed separately and requires court approval. On top of attorney and executor fees, families should budget for court filing fees, probate referee appraisal fees, newspaper publication costs, and possibly a probate bond.
How to Estimate Your Own Costs
Rather than doing this math by hand, use our free California Probate Fee Calculator to get an instant, itemized estimate based on your specific estate value.
If your family is facing probate, or wants to structure an estate plan that avoids these fees altogether, Michael Kerr can walk you through your options in a free, confidential consultation.
