Probate in California can be a lengthy, expensive, and public process. Understanding the true cost is essential whether you’re planning your estate or handling a loved one’s after-death affairs. Here’s a breakdown of what probate costs in California and how it affects estates of all sizes.

1. Statutory Attorney and Executor Fees

California uses a statutory fee schedule for both the probate attorney and the executor of the estate. These fees are based on the gross value of the estate—not the net value. That means mortgages and debts are not subtracted when calculating the fee.

Here’s how it breaks down:

• 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
• Above $25 million, fees are determined by the court

Here is an example (or you can calculature your own with our Probate Calculator):

For a home worth $1,000,000 with a $600,000 mortgage, the statutory fee is based on $1,000,000.
Total attorney fee:

4% of $100,000 = $4,000
3% of $100,000 = $3,000
2% of $800,000 = $16,000
Total = $23,000 (double that for total statutory fees for the attorney and the executor: $46,000)

2. Court Filing and Administration Fees

These are relatively modest compared to statutory fees, but they add up:

• Filing fee: ~$435
• Probate referee (estate appraiser): 0.1% of asset value
• Publication fee (legal notices): ~$250–$500
• Bond premium (if required): Varies by estate size and creditworthiness
• Certification and recording fees: ~$50–$200

Expect at least $1,000 to $2,500 in administrative expenses, not counting attorney or executor fees.

3. Delays and Opportunity Costs

Probate in California typically takes 9 to 18 months, sometimes longer. During this time:

• Assets are frozen until approved for distribution
• Real estate may depreciate or remain unsold
• Heirs and beneficiaries may experience financial hardship

The longer the delay, the more expensive the process becomes—especially if litigation arises over disputes or creditor claims.

4. Privacy Costs

Probate is a public court process. Anyone can:

• See the value of the estate
• Access the names of heirs and beneficiaries
• Review creditor claims and property inventories

This exposure can open the door to unwanted solicitations or legal challenges.

5. How to Avoid Probate

Avoiding probate can significantly reduce costs, delays, and stress. Here are common strategies:

• Living Trust: Assets inside of the trust pass outside of probate
• Joint Tenancy: Joint tenancy property passes property to the surviving owner
• Beneficiaries: Assets that have named beneficiaries like life insurance and retirement accounts pass outside probate (but can end up in probate if beneficiary has passed away or is unavailable)
• Payable-on-Death (POD) Accounts: Direct designation of beneficiaries (but can still go to probate if beneficiary has passed away or is unavailable)
• Transfer-on-Death (TOD) Deeds: Available for real estate (but can still go to probate if beneficiary has passed away or is unavailable)
• Gifts During Lifetime: Reduce taxable and probate estate

The living trust based plan is the gold standard, but these tools can work together far less than probate and offer privacy and speed in transferring wealth.

Final Thoughts

Probate in California isn’t just a legal formality—it’s a major expense that eats into inheritances and delays finding closure. Whether you’re planning ahead or dealing with a loved one’s estate, understanding the cost of probate empowers you to make informed choices. Avoiding probate through strategic estate planning is often the smartest and most cost-effective path.