The cost of probate in California varies depending on how you choose to handle the process. You can self-administer probate, which involves covering court fees upfront but allows for reimbursement from the estate later. Assisted self-administration, where a paralegal helps with the process, typically costs between $1,500 and $5,000 out of pocket.
Hiring a probate lawyer can eliminate upfront costs, as fees and expenses are paid from the estate once assets are marshaled. Additionally, both the executor and the probate attorney are entitled to statutory fees based on the estate’s value, meaning for a $1 million estate, each would receive $23,000. Understanding these cost structures can help you determine the best approach for your situation.
How much does probate cost in California?
In almost every case, the costs of administering probate are paid or reimbursed by the estate. In effect, probate should cost you, the executor, nothing in California.
If you choose to self-administer probate, you will pay court fees and other costs from your pocket until you are appointed administrator, after which time you can marshal assets and pay expenses from an estate account you open with your bank. Then, when closing the estate, with court approval, you will reimburse yourself for all the upfront costs you may have paid.
If you choose assisted self-administration, you will pay paralegal costs upfront, out of pocket, typically $1500-5000. Sometimes more. Then, once probate has been filed and you are appointed administrator, you can open an estate account and pay other fees/costs from the estate assets. When closing the estate, you will reimburse yourself for all the court-approved paralegal and other costs you paid.
If you choose to retain a probate attorney, you should pay no costs, although some probate attorneys do ask for an up-front cost retainer. Either way, once you are appointed administrator, have marshaled the estate assets and opened the estate bank account, you can pay probate costs from the estate assets. When closing the estate, any unpaid or unreimbursed costs and attorney’s fees will be paid, as ordered by the court, from the estate.
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Typical Probate Costs in California
The cost of probate in California can vary significantly depending on the size and complexity of the estate. Below is a general breakdown of the typical costs and fees you may encounter throughout the probate process.
Estimated Probate Attorney Fees
In California, probate attorney fees are set by statute (Probate Code § 10810) and are calculated based on the gross value of the estate, not the net value after debts are paid.
Here’s a general guide to how those fees are determined:
| Estimated Estate Value | Statutory Attorney’s Fee |
| Up to $100,000 | 4% of the first $100,000 = $4,000 |
| $100,001 – $200,000 | 3% of the next $100,000 = $3,000 |
| $200,001 – $1,000,000 | 2% of the next $800,000 = up to $16,000 |
| $1,000,001 – $10,000,000 | 1% of the next $9 million = up to $90,000 |
| Above $10,000,000 | Reasonable amount determined by the court |
Note: Executors are entitled to the same statutory compensation as attorneys, unless the will specifies otherwise. These fees may be reduced or waived by agreement.
Other Common Probate Fees and Expenses
In addition to attorney and executor fees, there are several other costs typically associated with probate in California:
Court Filing Fees:
- Initial petition: ~$435 (varies by county)
- Additional motions or petitions: $60–$100 each
Bond Premiums:
- May be required if the will does not waive bond
- Typically 0.5% – 1% of the estate’s value annually
Publication of Notice:
- Required to notify creditors and the public
- $150 – $300 depending on the newspaper
Mailing Notices to Heirs and Beneficiaries:
- Certified mail costs vary depending on the number of recipients
Appraisal and Valuation Costs:
- Probate referee for real estate and business interests: ~$100–$1,200+
- Personal property appraisals may be required
Accounting and Tax Preparation Fees:
- CPA or attorney preparation of inventory, accountings, and tax returns: $1,500–$5,000+
Document and Administration Costs:
- Certified copies, notary services, postage, and administrative supplies
Miscellaneous Costs:
- Property maintenance, insurance, storage, and other estate-related expenses
Can These Fees Be Avoided?
Probate costs can add up quickly, especially for large or complex estates. Many families choose to create living trusts and other estate planning tools to avoid probate altogether and reduce these costs. If you’re an executor or beneficiary navigating probate, it’s important to understand what fees are required and what can potentially be minimized.
How much does probate cost the estate in California?
Probate costs can vary, depending on whether you administer the estate all by yourself, with some paralegal assistance, or choose to work with a probate lawyer who will do everything for you. Importantly, because ordinary probate attorney fees are set by statute in California, it should not matter whether you hire the most expense or cheapest attorney in town – the ordinary attorney’s fees will cost the estate the same. Here’s a general overview:
- Self-Administered: $1000 up front, and it usually takes 1-2 years to complete.
- Assisted Self-Administration: $5000 up front, and it usually takes 1-2 years to complete.
- Probate Lawyer: Varies upon value of the estate, but it should take under a year.
Wait a second, I get paid, too?
Yes, as the executor of the estate, you are entitled to the same statutory payment as the probate attorney. The total probate costs, paid by the decedent’s estate, will be your payment plus the probate attorney’s payment. Based on a $1,000,000 dollar estate value, the probate lawyer is entitled to a payment of $23,000. And you, as the executor, are entitled to the same payment of $23,000. Both are paid from the decedent’s estate. Here’s a general overview of how much the estate will pay you and your probate attorney upon closing of the estate:
Which probate administration option is best for a large, high-value estate?
For estates valued from $150,001 to $499,999, it becomes a question of time: How much free time does the executor have to devote to the probate process over the course of 1-2 years? If they have time and an interest in self-administration, then the cost savings may be worth it.
For estates valued $499,000 to $999,999, the costs of a probate lawyer start to become a significantly smaller percentage of the total estate value (and distributions intended for the heirs and beneficiaries.) At this value, a probate attorney starts to become very appealing.
For estates valued $1,000,000 or more, the costs of a probate lawyer are starting to become “negligible”. Especially if the executor chooses to refuse their own payment — as the probate lawyer is managing the entire process. Plus, an experienced probate attorney will help lower risks by managing heirs and beneficiaries.
If it doesn’t cost me anything, why would I self-administer an estate?
Primarily, most people self-administer because the value of the estate is under $150,000. Secondarily, people self-administer because the estate administration is straightforward, there are not a lot of assets, no complicated assets (i.e. no houses or businesses), no anticipated disputes, no tax issues, etc., and they don’t intend to take the executor payment, and don’t want to pay a probate lawyer. They prefer to keep all the money in the estate for distribution and inheritance to heirs and beneficiaries.
What is assisted self-administration?
A paralegal service can help proposed executors fill out the probate petition form more accurately. Many parts of the probate administration process benefit from the experience of a probate professional. Example, filing a Petition for Probate. The filing of the Petition for Probate kicks off the probate process in the decedent’s county probate court. This is a functionally simple process which can be complicated by filling out the petition form incorrectly–which results in probate notes. Clearing these probate notes can take additional weeks or months, due to extended court processes. A paralegal service can help proposed executors fill out the petition form more accurately, which may result in fewer probate notes — thereby saving time.
Which probate administration option is best for a small, low-value estate with no real property?
If the estate is valued at less than $150,000 and owns no real property, probate can be avoided in California, simply by filling out the small estate affidavit. This avoids the county probate court process. If this applies to you, download the form here.
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Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
Do I need a probate lawyer near me?
We recommend finding an experienced probate lawyer familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a probate lawyer in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.