Probate in California can cost your family tens of thousands of dollars—even if you have a will. For a $1 million estate, ordinary probate attorney and executor fees can total $46,000, before court costs and other expenses.
What surprises many California homeowners is that probate fees are generally calculated based on the gross value of your property, not how much equity you actually own. That means your mortgage does not reduce the value used to calculate these statutory fees.
Fortunately, much of this expense can often be avoided with proper estate planning, particularly through a revocable living trust.
1. How Are Probate Fees Calculated in California?
California Probate Code Sections 10800 and 10810 establish a statutory fee schedule for the executor (the person administering the estate) and the probate attorney.
Each is generally entitled to the following compensation for ordinary services:
| Estate Value | Statutory Fee Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9 million | 1% |
| Next $15 million | 0.5% |
These percentages apply progressively to each portion of the estate’s value, not as one flat percentage of the entire estate.
Both the probate attorney and the executor can receive compensation under this same fee schedule. As a result, the combined statutory fees can be substantial.
2. California Probate Fee Examples: How Much Could Your Family Pay?
The following table illustrates the ordinary statutory fees for different probate estate values.
| Gross Probate Estate | Attorney Fees | Executor Fees | Combined Fees |
|---|---|---|---|
| $300,000 | $9,000 | $9,000 | $18,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
These estimates assume ordinary statutory compensation for both the attorney and executor. They exclude court costs and extraordinary fees. An executor may choose to waive compensation, and some estates qualify for procedures that avoid full probate.
For homeowners in San Jose and throughout the Bay Area, where property values can easily exceed $1 million, probate expenses can take a significant amount away from the inheritance intended for loved ones.
California Probate Fee Calculator
Estimate ordinary statutory compensation for a California probate estate.
Enter the gross value before deducting mortgages or other debts.
For estates above $25 million, the figures show only the statutory compensation on the first $25 million. Additional reasonable compensation on the excess is determined by the court.
Based on California Probate Code §§ 10800 and 10810. Excludes court costs, extraordinary fees, and adjustments to the statutory fee base. Executor compensation may be waived. This calculator is illustrative and does not determine whether an estate requires probate.
3. Your Mortgage Does Not Reduce the Probate Fee Calculation
This is one of the most important things California homeowners should understand.
Example:
Suppose you own a home worth $1,200,000, but you still owe $800,000 on your mortgage.
- Home's market value: $1,200,000
- Outstanding mortgage: $800,000
- Your actual equity: $400,000
- Value used for ordinary probate fee calculation: $1,200,000
If the entire property is included in your probate estate, the ordinary statutory attorney fee would generally be $25,000, with another $25,000 potentially payable to the executor.
Total potential statutory fees: $50,000—even though your equity is only $400,000.
This is because California calculates these fees based on the gross value of the probate estate without deducting mortgages or other debts.
4. Are There Other Costs Besides Attorney and Executor Fees?
Yes. Probate expenses can also include:
- Court filing fees and other court charges.
- Newspaper publication of required probate notices.
- Property appraisal fees.
- Other expenses necessary to administer the estate.
- Additional attorney or executor compensation for extraordinary services, if approved by the court.
Extraordinary services can include certain real estate sales, contested proceedings, or complicated estate matters.
These expenses can increase the overall cost beyond the ordinary statutory fees shown above.
5. Does Having a Will Help You Avoid These Probate Fees?
No. A will does not, by itself, avoid probate.
A will tells the court who should inherit your property, but if your estate requires probate, your family may still need to complete the court process before receiving the inheritance.
Even a properly signed and notarized will does not automatically eliminate probate.
For example, if you leave your $1 million house to your children through a will, they may still face the same potential statutory probate fees outlined above.
A will is an important estate planning document, but it is not a substitute for a living trust when your primary goal is to avoid probate.
6. How Can a Living Trust Help You Avoid Probate Costs?
A revocable living trust allows you to transfer your assets into a trust while continuing to control them during your lifetime.
You can generally continue living in your home, selling or refinancing property, managing your money, and changing your beneficiaries.
After your death, your designated successor trustee can usually manage and distribute assets held in the trust without going through probate court.
For a California homeowner, establishing and properly funding a living trust can mean avoiding tens of thousands of dollars in potential probate fees.
However, there is one important step: Your house must be properly transferred into the trust, generally through a recorded deed.
Merely signing a living trust without funding it may leave your family facing the very probate proceedings you intended to avoid.
A trust can still involve administration expenses, taxes, and professional fees, but these are generally different from statutory probate compensation.
7. Does Every Estate Have to Go Through Probate?
No. California provides simplified procedures for certain qualifying estates.
For example, some smaller estates, qualifying primary residences, and assets passing directly to surviving joint owners or named beneficiaries may avoid full probate.
However, these alternatives have specific legal requirements and limitations.
For many California homeowners, especially those with higher-value real estate, a properly funded living trust remains one of the most effective ways to avoid traditional probate.
8. Our Recommendation: Plan Ahead Rather Than Pay for Probate Later
If you own a home in California and want your spouse, children, or other beneficiaries to inherit it, we generally recommend establishing a complete estate plan with a revocable living trust rather than relying solely on a will.
The cost of preparing a proper estate plan is usually a fraction of the potential probate expenses your family could face.
More importantly, a living trust can spare your loved ones months of court proceedings, paperwork, and unnecessary stress during an already difficult time.
Why leave your family facing tens of thousands of dollars in potential probate expenses when much of that expense can be avoided through proper planning?
Speak With a San Jose Estate Planning Attorney
At Pacific Motion Law Firm, we help individuals, couples, and families in San Jose and throughout California establish complete estate plans designed to avoid unnecessary probate expenses and protect their loved ones.
Our estate planning services include revocable living trusts, pour-over wills, powers of attorney, advance health care directives, and preparation and recording of deeds to properly fund your trust.
Whether you own one home or multiple properties, we can help you determine the most appropriate estate planning arrangement for your circumstances.
Learn More About Our Estate Planning and Living Trust Services
Pacific Motion Law Firm
San Jose, California
Serving clients throughout California in English and Vietnamese.
Disclaimer: This article provides general information about California law and does not constitute legal advice. Probate costs and requirements vary depending on the estate. Reading this article does not establish an attorney-client relationship.