How Much Does Probate Cost in California? The Real Numbers
Probate on a California estate with a house in it commonly costs somewhere between $15,000 and $35,000 in statutory fees, referee charges, and court filings alone — before counting a single month of property tax, insurance, or upkeep on a vacant home. Most of that is fixed by statute and does not vary by attorney or by county.
The Statutory Attorney and Executor Fees
Probate Code section 10810 sets ordinary compensation for both the estate’s attorney and its personal representative on the same sliding scale, calculated off the gross value of the estate (not equity, so a mortgaged house is counted at full value):
- 4 percent of the first $100,000
- 3 percent of the next $100,000
- 2 percent of the next $800,000
- 1 percent of the next $9,000,000
- 0.5 percent of the next $15,000,000, with anything above that set by the court
The two fees are calculated the same way but paid separately, so a $500,000 estate generates roughly $13,000 in statutory attorney fees and another $13,000 for the personal representative if they choose to take the fee — many family-member executors waive it, which cuts the total in half.
The Referee, the Court, and the Paperwork
The court-appointed probate referee who appraises real property and other non-cash assets charges one-tenth of one percent of appraised value under Probate Code sections 8961 and 8963, with a floor of $75 and a ceiling of $10,000. On top of that, the initial petition to open the estate carries a $435 filing fee under Government Code section 70650(a), and most petitions filed later in the case — a later-filed petition, an objection, a petition to sell real property, a petition for final distribution — each carry their own $435 fee. A probate that includes a court-supervised sale of the house can easily generate two or three of these $435 filings before it closes. Newspaper publication of the notice of petition, required under Probate Code section 8121, is a separate cost set by the newspaper rather than the court, so treat any figure you see quoted for it as an estimate.
Extraordinary Fees Nobody Budgets For
The statutory schedule covers ordinary administration. Unusual work — litigation over a will contest, complex tax filings, selling a business interest, or defending the estate in a dispute — can qualify the attorney or representative for additional “extraordinary” fees under Probate Code section 10811, subject to the court’s approval and typically billed at an hourly or negotiated rate on top of the statutory amount. A bond, if the will does not waive it or the court requires one for cause, adds an annual premium on top of everything else. None of this is padding — it is real cost that a simple percentage calculator will not show you.
The Cost Most Articles Do Not Count: Carrying the House
Nearly every probate-cost article stops at attorney fees, referee fees, and filing fees. For an estate that includes real property, that misses the single biggest variable cost: keeping the house through however long the case takes. Property tax does not pause for probate, insurance on a vacant home is often more expensive and sometimes hard to place at all, utilities have to stay on to prevent pipe and mold damage, and basic maintenance or security does not stop being necessary just because ownership is in limbo. On an average California home, six to twelve months of carrying costs can add $6,000 to $15,000 on top of the fees above — money that comes directly out of what heirs eventually receive, and that grows every month the case runs long. See our realistic probate timeline for how those months typically stack up.
A Worked Example on a $700,000 House
On a $700,000 estate consisting mainly of a house: statutory attorney fees run $17,000 (4% of $100,000, 3% of the next $100,000, 2% of the remaining $500,000), matched by another $17,000 if the executor also takes the statutory fee. The probate referee’s commission is $700. Filing fees run $435 to open the case, plus another $435 if the sale of the house requires court confirmation. Add publication costs and any extraordinary fees, and the professional and court side of the ledger lands between roughly $18,500 (executor fee waived, no contested sale) and $35,500 (both fees taken, plus a confirmed sale). Carrying costs for the house during the case are on top of that entirely.
When Paying to Avoid Probate Is Worth It
None of this means probate should be avoided at any cost — for a straightforward estate with cooperative heirs, the statutory fees are predictable and the process, while slow, is not unfair. Where the math changes is a small or modest estate where legal fees will eat a disproportionate share of the value, or a case where carrying costs on a vacant house are the real threat. Check whether a small estate procedure can bypass full probate entirely, and confirm whether the property needs to go through probate at all given how title was held before assuming the full cost applies to your situation.
This is general information, not legal or tax advice, and exact figures depend on your estate and county. If carrying costs on an inherited house are the pressure point, Cash Home Buyers CA can provide a no-obligation cash offer and work with your attorney on timing.