California Probate Calculator
Probate is a legal process to distribute a person’s assets after they pass away under court supervision. The probate court reviews the deceased person’s will (if there is one) to confirm that it’s valid and appoints someone to handle the estate, called an executor. The executor creates an inventory of all assets, notifies beneficiaries, pays any debts and taxes, then distributes the remaining assets to the rightful heirs. If there is no will, state law decides who inherits the assets.
Yes. Strategies to avoid or minimize probate costs include:
Revocable Living Trust: Assets held in a trust pass directly to beneficiaries, bypassing probate entirely.
Joint Tenancy or Community Property with Right of Survivorship: Property automatically transfers to the surviving owner without court involvement.
Beneficiary Designations: Retirement accounts and life insurance policies with named beneficiaries go directly to the named individuals.
Pay-on-Death (POD) Accounts: Bank accounts with designated beneficiaries transfer immediately upon death, without probate.
Small Estate Affidavit: For estates valued under $184,500, a simplified affidavit process can avoid formal probate proceedings.
In California, probate attorney and executor fees are calculated based on the gross value of the estate, not the net amount after debts. These statutory fees are set by Probate Code 10810 and follow a tiered percentage structure:
- 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
- A reasonable amount for estates over $25 million, determined by the court
Example Calculation
For an estate valued at $1,000,000, probate fees are calculated as follows:
- 4% of $100,000 = $4,000
- 3% of $100,000 = $3,000
- 2% of $800,000 = $16,000
Since both the attorney and executor receive the same fee, the total statutory probate cost is: Total: $23,000 × 2 = $46,000
Additional Probate Costs
The statutory fees above do not include:
- Court filing fees
- Appraisal costs
- Bond fees (if required)
- Publication and mailing expenses
- Potential litigation costs if disputes arise
If the estate faces legal challenges—such as will contests or creditor disputes—probate can become significantly more expensive and time-consuming.
No, California probate fees (attorney and executor fees) are calculated based on the gross value of the estate, not the net value after debts.
This means that:
- Probate fees are based on the total appraised value of assets subject to probate.
- Debts, such as mortgages, credit card balances, or personal loans, do not reduce the probate fee calculation.
- Even if an estate has significant debts, attorney and executor fees are still determined by the full estate value.
Probate in California typically takes 9 to 18 months, but complex or contested estates can take significantly longer. Due to court backlogs, the process often extends beyond initial estimates. However, smaller estates ($184,500 or less) may qualify for expedited procedures of the small estate affidavit, allowing heirs to bypass formal probate and receive assets more quickly.
A Small Estate Affidavit in California allows heirs to claim a deceased person’s personal property without probate if the estate is valued at $184,500 or less (as of 2022).
The affidavit can only be used for personal property and requires a 40-day waiting period after death. The claimant must be a legal heir or beneficiary and provide supporting documents like a certified death certificate and proof of the asset.
Once completed, the affidavit can be submitted to an institution that holds the decedent’s property (e.g., a bank). Formal probate may still be necessary if the decedent’s estate includes real estate, exceeds the value limit, or there are conflicts with family or creditors.
No, a trust-based estate plan is for anyone who wants to make life easier for their family. The primary purpose of estate planning is to ensure that your family is protected and supported when it matters most.
In fact, avoiding probate—and the time, cost, and stress that comes with it—is just one of the benefits of a trust available to anyone with assets above the small estate affidavit threshold ($184,500). The trust also provides your family immediate access to accounts in the trust in the event of your disability, without additional court involvement or delay. The trust provides privacy because it is not a public court process. The trust provides predicability because you will decide how your assets should be distributed. And the trust gives you peace of mind because your legacy is written.
Attorney fees for trust administration after death in California depend on the complexity of the assets and amount of beneficiaries.
While an attorney isn’t legally required for simple trusts (i.e. one property, one account, one beneficiary who is also the trustee), working with one is still strongly recommended. The attorney helps the successor trustee understand their duties, avoid costly mistakes, and reduce the risk of personal liability. In short, the lawyer is a sword and shield.
Trusts with multiple properties, business interests, creditors or beneficiaries often require more time and work, which drives up the cost. You can ask for an estimate of the cost upfront and see if the attorney’s fee is based on flat fee % or hourly rate.
