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California Probate Cost Calculator (2026)

By Kristi Day, Living Trust Advisor · Published October 4, 2026 · Last reviewed October 24, 2026
Quick answer: California probate fees are set by law: the attorney and the executor each receive 4% of the first $100,000 of the gross estate, 3% of the next $100,000, and 2% of the next $800,000. On a $1,000,000 estate that is about $46,000 in combined fees, before court costs.

California sets probate attorney and executor fees by law (Probate Code §§10800 and 10810). They're based on the gross value of the estate — debts and mortgages are not subtracted. Enter your numbers below to estimate what your family could pay.

Gross estate—
Attorney fee—
Executor fee—
Statutory fees total—

How the statutory fee works

Portion of gross estateRate (each: attorney and executor)
First $100,0004%
Next $100,0003%
Next $800,0002%
Next $9,000,0001%
Next $15,000,0000.5%
Above $25,000,000Set by the court

Example: a $1,000,000 gross estate means $23,000 for the attorney and $23,000 for the executor — $46,000 before court costs, appraisal, bond, and any "extraordinary" fees. And probate typically takes 12–18 months.

Estates under $208,850 (since April 1, 2025) can often use a simplified small-estate procedure, and a primary residence up to $750,000 may qualify for a simplified petition. Above that, a funded living trust is the most common way to avoid probate entirely.

This calculator is an estimate for general education, not legal advice. Actual costs vary.

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