How Much Does Probate Cost in California? Cost Calculator 2026

Most Latino families who go through probate in California are surprised by the same thing: the costs. Not because no one warned them, but because no one explained exactly how much it is.

In this article we calculate the real costs, step by step, using the exact numbers established by California law. At the end, we include a simple calculator so you can see how much it could cost your family.

Table of Contents

• •Attorney fees set by law
• •Calculator: estimate the cost for your situation
• •Additional costs people forget
• •The cost of time: 12 to 18 months
• •Real cases of California families
• •How much does avoiding probate cost?
• •Frequently asked questions

---

Attorney Fees Set By Law {#fees}

What makes probate so expensive in California is that attorney fees are set by law under Probate Code §10800 — they are not negotiable. And they are calculated on the gross value of the estate, not the net value.

The scale is:

| Gross estate value | Percentage | Fees |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | up to $16,000 |
| Next $9,000,000 | 1% | up to $90,000 |

The trick that doubles everything: These fees are charged by the heir/executor's attorney, BUT the estate administrator (executor) also has the right to the same fees for their work. That means the fees are effectively doubled in practice. Example with a $600,000 house:

• •Attorney fees: $18,000
• •Executor fees: $18,000
• •Subtotal in fees alone: $36,000

---

Calculator: Estimate the Cost for Your Situation {#calculator}

| Gross home value | Attorney fees | Executor fees | Minimum total |
|---|---|---|---|
| $300,000 | $9,000 | $9,000 | $18,000 |
| $400,000 | $11,000 | $11,000 | $22,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $600,000 | $15,000 | $15,000 | $30,000 |
| $800,000 | $19,000 | $19,000 | $38,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |

---

Additional Costs People Forget {#additional}

Court filing fees: $500 – $1,500 Required legal publications: $200 – $500 Asset appraisal: $300 – $1,000 Executor bond: Variable Final taxes: Variable Realistic total for a $600,000 house:

| Item | Estimated cost |
|---|---|
| Attorney fees | $15,000 |
| Executor fees | $15,000 |
| Court costs | $1,000 |
| Legal publications | $400 |
| Appraisal | $600 |
| Other expenses | $1,000 |
| TOTAL | ~$33,000 |

---

The Cost of Time: 12 to 18 Months {#time}

During probate, no one can:

• •Sell the property
• •Refinance the mortgage
• •Withdraw money from estate accounts without court authorization
• •Close the deceased's businesses without judicial supervision

---

How Much Does Avoiding Probate Cost? {#avoid}

| Method | Cost | What it avoids |
|---|---|---|
| Living trust | $599 | Full probate — saves $18,000–$50,000+ |
| TOD on bank account | Free | Probate for those accounts |
| RTOD Deed (property) | ~$50 | Probate for that property |

👉 Create my Living Trust — $599, avoid leaving probate for your family

---

Frequently Asked Questions {#faq}

Does the surviving spouse also pay probate? For community property, the surviving spouse can generally transfer them without full probate using a Spousal Property Petition. But separate property may require probate. Is probate in California more expensive than in other states? Yes, California has one of the most expensive probate systems in the U.S. precisely because fees are set by law as a percentage of the estate. What if the estate has mortgage debt? Fees are calculated on the GROSS value, not the net value. A $700,000 house with a $400,000 mortgage generates fees calculated on $700,000 — not on the $300,000 net value.

---

👉 Create my Living Trust Now — $599

---

You may also like:

• •How to transfer assets without probate in California
• •How to collect a deceased person's bank account without probate
• •Small Estate Affidavit §13100

---

Multi Servicios 360 is a self-help legal document preparation service. We are not a law firm and do not provide legal advice. This information is educational. Costs mentioned are estimates based on current California law and may vary by specific case.