California Probate Calculator
Probate is the court-supervised process of handling a person’s assets after they die. The court confirms the will (if one exists) and appoints an executor to manage the estate. The executor collects assets, pays debts and taxes, and distributes what’s left to the rightful heirs. If there’s no will, state law decides who gets the assets.
Yes. Here are a few 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, the 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
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.
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: $23,000 × 2 = $46,000
No, California probate 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.
The process typically takes 9 to 18 months, but complex or contested estates can take significantly longer. Additionally, 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. It can be submitted to a bank or other financial institution that holds the decedent’s property. Formal probate may still be necessary if the decedent’s estate includes real estate, exceeds the small estate 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 control your legacy and 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).
Additional Benefits of a Trust:
Immediate access to trust assets if you become disabled—no court conservatorship or delays.
Privacy, since a trust avoids the public probate court process.
Predictability, because you decide how your assets are distributed.
Control over who will manage your care and finances if you can’t.
Peace of mind knowing your affairs are planned and protected.
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 an attorney is still strongly recommended.
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.
The attorney helps the successor trustee understand their duties, avoid costly mistakes, and reduce the risk of personal liability. In short, the lawyer is your sword and shield.
