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How Much Does Probate Cost in California? Try Our Free Probate Cost Calculator

Sep 21
2 min read
A probate judge calculating costs.
Image of probate judge calculating costs.

One of the first questions families ask after someone dies is: How much is probate going to cost?

In California, part of the answer can be estimated fairly quickly because ordinary attorney compensation in a probate is calculated under a statutory formula. I created a free California Probate Cost Calculator so you can enter the approximate value of the probate estate and get an immediate estimate.

How are probate attorney fees calculated in California?

California Probate Code §10810 establishes the compensation schedule for an attorney performing ordinary probate services:

  • 4% of the first $100,000

  • 3% of the next $100,000

  • 2% of the next $800,000

  • 1% of the next $9 million

  • 0.5% of the next $15 million

For estates over $25 million, the court determines reasonable compensation.

For example, if the probate estate is valued at $1 million, the statutory attorney compensation for ordinary services is approximately $23,000.

Probate fees are based on value—not necessarily equity

This surprises many homeowners.

For purposes of calculating statutory compensation, California law generally looks at the appraised value of property in the probate estate without deducting mortgages or other encumbrances.

So if a home is worth $1 million but still has a substantial mortgage, the statutory calculation generally starts with the appraised value—not simply the owner's equity.

That can make probate considerably more expensive than families expect.

There are other probate costs too

Attorney compensation is not the only expense. California Courts explains that probate may also involve filing fees, publication charges, probate referee fees, appraisal expenses, and other administration costs. The initial Petition for Probate filing fee is typically $435, and total administration expenses can easily exceed $1,000 before attorney compensation is included.

California Probate Code §10800 also provides a similar statutory compensation schedule for the personal representative, if compensation is claimed.

That is why the calculator provides an estimate, not an exact final probate bill.

Try the California Probate Cost Calculator

If you are handling an estate in Canoga Park, Woodland Hills, West Hills, Porter Ranch, or elsewhere in the San Fernando Valley, the calculator can give you a quick idea of the potential probate costs before you decide what to do next.

Every estate is different. Some estates may qualify for procedures that avoid full probate altogether. If you want help determining what procedure applies to your situation, contact my office.

 
 
 

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