US Probate Calculator
California Statutory Schedule (2026)

California Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under California Probate Code § 10800 & § 10810.

2026 Statutory Probate Costs Updated

Calculate California Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of California Probate Laws & Fee Guidelines

Probate is the formal court proceeding required to settle an estate, resolve liabilities, and transfer assets in California. Estate administration is strictly regulated under California Probate Code § 10800 & § 10810, which establishes mandatory statutory percentage schedules for legal counsel and personal representatives.

In California, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

California Legal Nuance & Key State Quirk

California mandates the use of court-appointed Probate Referees to officially appraise all non-cash probate assets before estate distribution.

California Probate Process & Fee Schedule Overview

California operates under one of the strictest statutory probate fee systems in the nation, codified under California Probate Code § 10800 for executors and § 10810 for attorneys. Both attorneys and personal representatives are legally entitled to identical statutory fees calculated as a tiered percentage of the gross probate estate: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, 0.5% on the next $15,000,000, and court-determined rates above $25,000,000. Crucially, California statutory fees are computed on the full gross property valuation without deducting mortgages or debts; a home valued at $1,000,000 with an $800,000 mortgage yields statutory fees on the full $1,000,000 value. Estates with gross assets under the $184,500 threshold qualify for simplified Small Estate Affidavit administration under Probate Code § 13100, bypassing formal court probate. Baseline Superior Court petition filing fees start at $435, plus publication and probate referee appraisal costs.

Fee Calculation Type
statutory
Small Estate Limit
$184,500
Base Court Petition Fee
$435

Executor & Personal Representative Commission Rules in California

The executor or administrator of an estate in California assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under California Probate Code § 10800 & § 10810, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in California:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in California

Retaining experienced legal counsel is customary for formal probate in California. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $435 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in California require full court probate. If the total gross probate value is equal to or less than $184,500, beneficiaries may utilize Small Estate Affidavit (Probate Code § 13100) to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in California include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (California Probate)

How are probate fees calculated in California?
In California, probate fees are determined under California Probate Code § 10800 & § 10810. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $26,435), and court filing guidelines.
What is the small estate limit in California?
The small estate affidavit threshold in California is $184,500. Estates valued under this cap may bypass formal court administration using Small Estate Affidavit (Probate Code § 13100).
Are executor commissions mandatory in California?
Executors and personal representatives in California are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in California?
Non-probate assets in California include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
How are probate fees calculated in California?
California enforces mandatory statutory fees under Probate Code § 10800 (for executors) and § 10810 (for attorneys). Both receive: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; and 0.5% on the next $15,000,000. Fees are calculated on the gross fair market value of probate assets without deducting mortgages or debts.
Can an executor handle probate without an attorney in California?
While individuals are legally permitted to represent themselves pro se, California probate courts strongly recommend hiring legal counsel. Because executors owe fiduciary duties to creditors and third-party beneficiaries, courts frequently require an attorney of record for formal estate administration.
Who gets paid first out of an estate in California probate?
Administrative expenses take legal precedence over all other claims under California law. Court filing fees, Probate Referee appraisal costs, statutory executor commissions, and attorney fees are paid first from estate assets before settling general creditor debts or distributing remainders to named heirs.
What is the Small Estate threshold in California?
Under California Probate Code § 13100, if the gross value of the decedent's probate estate is $184,500 or less, eligible heirs can collect assets using a simplified Small Estate Affidavit without opening a formal court probate proceeding.