How much does probate cost in California?
19 Jul 2026
In California, attorney and executor fees are set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. On a $500,000 estate that is $13,000 each.
The estate normally pays that fee twice — once to the attorney and once to the executor — and $435 to open the case. Above $25 million the court sets a reasonable amount. Extraordinary services are charged on top.
Cal. Probate Code §10810 — California Legislative Information · Verified 19 Jul 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Work it out on your own number
The calculator applies §10810 to the value you enter and shows the working, with the statute cited underneath.
Enter any estate value and the calculator works the California schedule to the dollar, with the statute cited under the result and the verification date stamped on it. It opens on the calculator page, already set to California and to a $500,000 estate.
What each part costs
Every row is one figure, one source, one date. Where California fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | 4% · 3% · 2% · 1% · 0.5%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. Above $25,000,000 the court sets a reasonable amount. | Statute — exact | Cal. Probate Code §10810 | 19 Jul 2026 |
| Executor feeOrdinary services | The identical scheduleThe executor is paid on the same tiers as the attorney, so a California estate normally pays the fee twice. | Statute — exact | Cal. Probate Code §10800 | 19 Jul 2026 |
| Court filing feeFirst petition | $435Statewide uniform fee to file the first petition for letters of administration or letters testamentary. | Statewide civil fee schedule | Statewide Civil Fee Schedule, item 124 (eff. 1 Jan 2026) | 20 Jul 2026 |
| Newspaper publicationNotice of petition | Not fixed by statuteThe law sets the schedule, not the price: three publications, the first at least 15 days before the hearing, with at least five days between the first and the last. The newspaper sets its own charge. | The newspaper | Cal. Probate Code §8121 | 23 Jul 2026 |
| BondExecutor’s bond | A ceiling, not a priceThe court fixes the amount, which must be not more than the personal property, plus the estate’s probable annual gross income, plus real property under independent administration. Doubled where personal sureties give the bond. | Statutory ceiling | Cal. Probate Code §8482 | 23 Jul 2026 |
County variance. The fee schedule’s own appendix lists local courthouse construction surcharges: $450 in Riverside and San Francisco, $435 in San Bernardino. The newspaper charge also varies by county and by paper.
What changes YOUR number in California
- What the percentages are charged on
- The schedule is applied to the gross value of the estate accounted for — the inventory appraisal, plus gains and receipts, less losses. Debts and mortgages are not deducted. A house worth $500,000 with a $300,000 mortgage still counts as $500,000.
- Estate size
- The rate falls as the estate grows, so the fee does not rise in a straight line. The first $100,000 is charged at 4%; the ninth million is charged at 1%.
- Extraordinary services
- Selling real property, running a business, defending a will contest and similar work is paid on top of the schedule, in an amount the court allows. Attorney: §10811. Executor: §10801.
- The fee is paid twice
- The attorney and the executor are each entitled to the same statutory amount. On a $500,000 estate that is $13,000 each, or $26,000 before the filing fee and publication.
- Whether a bond is needed
- No bond is required where the will waives it, or where all beneficiaries waive it in writing. The court may still require one for good cause. The premium itself is a private surety rate, not a figure set by law.
Estates of $208,850 or less can be collected by affidavit
For deaths on or after 1 April 2025, a California estate worth $208,850 or less can be collected with an affidavit once 40 days have passed since the death — no probate case, no letters, no filing fee.
- Personal property affidavit — limit $208,850, 40-day wait, no letters issued (§13100).
- Real property of small value — limit $69,625 (§13200).
- Primary residence, petition to determine succession — limit $750,000 (§13151).
- Set-aside for a surviving spouse and minor children — $107,900 (§§6600–6613).
- The limit is fixed by the date of death, not the filing date. Deaths from 1 Apr 2022 to 31 Mar 2025 use $184,500; deaths before 1 Apr 2022 use $166,250.
Judicial Council of California form DE-300, Maximum Values for Small Estate Set-Aside and Dispositions Without Administration (rev. 28 Apr 2025) — read the form · Verified 20 Jul 2026. Figures are CPI-adjusted under Prob. Code §890; DE-300 states the next adjustment is 1 Apr 2028 unless a statute provides otherwise.
Three tools, in the order most people need them
California probate cost questions
How much does a probate attorney cost in California?
The ordinary fee is set by §10810: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. On a $500,000 estate that is $13,000. Extraordinary services are paid on top, in an amount the court allows.
Does the executor get paid as well?
Yes. §10800 pays the executor on the identical schedule, so a California estate normally pays the same amount twice — once to the attorney and once to the executor.
What does it cost to open a probate case in California?
$435 to file the first petition for letters. Riverside and San Francisco charge $450 and San Bernardino $435 under courthouse construction surcharges listed in the fee schedule’s appendix.
How much is the newspaper notice?
California does not set that price. §8121 sets only how often the notice runs: three publications, the first at least 15 days before the hearing, with at least five days between the first and the last. The newspaper sets its own charge, so it varies by county and by paper.
Is a bond always required?
No. A bond is not required where the will waives it or all beneficiaries waive it in writing, though the court may still require one for good cause. Where a bond is ordered, §8482 caps it at the personal property, plus the probable annual gross income, plus real property under independent administration.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Attorney fee — Cal. Probate Code §10810Verified 19 Jul 2026 · annual statutory re-check
- Executor fee — Cal. Probate Code §10800Verified 19 Jul 2026 · annual statutory re-check
- Court filing fee — Superior Court of California, Statewide Civil Fee Schedule, item 124 (eff. 1 Jan 2026)Verified 20 Jul 2026 · re-checked each time the schedule is reissued
- Small-estate limits — Judicial Council form DE-300 (rev. 28 Apr 2025)Verified 20 Jul 2026 · next CPI adjustment 1 Apr 2028
- Publication schedule — Cal. Probate Code §8121Verified 23 Jul 2026 · annual statutory re-check
- Bond — Cal. Probate Code §8482Verified 23 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in California. Full terms: /disclaimer/
Every state, one standard: How much does probate cost? →
Nearby and often compared: Arkansas, Iowa, Missouri and Montana
When a figure changes, know first
Statutes get amended and fee schedules get updated. Once a month, we send a short note listing every figure that changed and every page we re-verified. Reference, not marketing.