- California law establishes dual matching statutory fees: both the attorney (CPC § 10810) and the executor (CPC § 10800) receive identical percentages.
- Brackets: 4% on first $100k, 3% on next $100k, 2% on next $800k, 1% on next $9M, and 0.5% on next $15M.
- Fees are assessed strictly on the gross value of probate assets without deducting mortgage balances or debt encumbrances.
- Small estates with gross probate value under $184,500 qualify for affidavit procedures under CPC § 13100, avoiding § 10810 entirely.
The California Statutory Fee Tier Breakdown
Under CPC § 10800 and § 10810, ordinary compensation is computed upon the total inventory value of probate property plus receipts and gains over appraisal:
| Estate Value Tier | Statutory Rate | Fee on Tier (Attorney) | Fee on Tier (Executor) | Combined Statutory Cost |
|---|---|---|---|---|
| First $100,000 | 4.0% | $4,000 | $4,000 | $8,000 (8.0%) |
| Next $100,000 ($100k–$200k) | 3.0% | $3,000 | $3,000 | $6,000 (6.0%) |
| Next $800,000 ($200k–$1M) | 2.0% | $16,000 | $16,000 | $32,000 (4.0%) |
| Next $9,000,000 ($1M–$10M) | 1.0% | $90,000 | $90,000 | $180,000 (2.0%) |
| Next $15,000,000 ($10M–$25M) | 0.5% | $75,000 | $75,000 | $150,000 (1.0%) |
| Above $25,000,000 | Court Discretion | Reasonable Amount | Reasonable Amount | Determined by Court |
Practical Example: California $1,500,000 Estate
Let's calculate the statutory fees for a $1,500,000 California probate estate (e.g., $1.2M home + $300k investment accounts):
• 4% on first $100,000 = $4,000
• 3% on next $100,000 = $3,000
• 2% on next $800,000 = $16,000
• 1% on remaining $500,000 = $5,000
Total Attorney Fee: $28,000
Total Executor Fee: $28,000 (see Executor Fee Calculator)
Court Filing & Referee Fees: ~$1,935
Total Combined Cost: $57,935 (3.86% of gross value).
California requires an official, state-appointed Probate Referee to appraise non-cash real and personal estate property. Referees charge a statutory commission of 0.1% (1/10th of 1%) of the appraised asset value plus actual expenses.
- § California Probate Code § 10800 (Personal Representative Compensation)
- § California Probate Code § 10810 (Attorney for Personal Representative)
- § California Probate Code § 10811 (Extraordinary Services)
- § California Probate Code § 13100 (Small Estate Affidavit Threshold)
Related State Calculators:
Recommended Legal Guides & Research:
What is Probate Court? The 2026 Step-by-Step Estate Administration Guide
Probate vs. Non-Probate Assets: Complete Asset Classification Guide (2026)
Executor vs. Administrator: Fiduciary Duties & Legal Differences (2026)
Calculate Your Exact Estate Fees
Because California probate fees easily exceed tens of thousands of dollars on modest real estate, estate planning attorneys almost universally recommend establishing a Revocable Living Trust. Learn more in our Guide on How to Avoid Probate.