California probate fees are one of the few remaining areas of law where attorney compensation is set by statute, predictable, and court-approved. Yet most solo and small firm attorneys still refer probate cases out unnecessarily, leaving substantial, low-risk revenue on the table.
This guide is written for attorneys who don't specialize in probate, but who regularly encounter it through estate planning, litigation, family law, real estate, or general practice. By the end, you should understand exactly how California statutory probate fees work in 2026, how to calculate them correctly, and why probate is often easier—and more profitable—than it appears.
What Are California Statutory Probate Fees?
California uses a statutory fee system to compensate probate attorneys and personal representatives. Instead of hourly billing, fees are calculated as a percentage of the estate value, based on a schedule set by law.
These California probate fees apply in most formal probate administrations and are:
- Paid from the estate, not by heirs personally
- Calculated on the gross probate estate, not net equity
- Identical for the attorney and the personal representative (unless waived)
For attorneys accustomed to hourly billing uncertainty, probate offers something rare: clear math, court approval, and reliable collection.
Probate Code § 10810: The Statutory Fee Schedule
California Probate Code § 10810 governs ordinary probate compensation. The statute has not materially changed for years and remains in effect for 2026.
Statutory Probate Fee Schedule
| Estate Value Tier | Fee Percentage |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Over $25,000,000 | Reasonable amount |
Key point: The same schedule applies to California probate attorney fees and to the executor or administrator, unless one role waives compensation. This means many probates generate two identical statutory fees.
How California Probate Fees Are Actually Calculated
This is where non-probate attorneys most often misunderstand the math.
Gross Estate Value — Not Net Equity
California statutory probate fees are calculated on the gross value of probate assets, without deducting:
- Mortgages
- Liens
- Credit card debt
- Medical bills
- Funeral expenses
Example:
A home worth $1,000,000 with a $700,000 mortgage is still valued at $1,000,000 for fee purposes.
This single rule explains why California probate fees feel surprisingly high to clients—and why they are often extremely attractive for attorneys.
Step-by-Step Example Calculations
Below are common estate sizes you will see in practice.
$250,000 Probate Estate
- First $100,000 × 4% = $4,000
- Next $100,000 × 3% = $3,000
- Remaining $50,000 × 2% = $1,000
Attorney statutory fee: $8,000
Personal representative fee: $8,000
Total statutory compensation: $16,000
$500,000 Probate Estate
- First $100,000 × 4% = $4,000
- Next $100,000 × 3% = $3,000
- Remaining $300,000 × 2% = $6,000
Attorney fee: $13,000
Executor/administrator fee: $13,000
Combined fees: $26,000
$1,000,000 Probate Estate
- First $100,000 × 4% = $4,000
- Next $100,000 × 3% = $3,000
- Next $800,000 × 2% = $16,000
Attorney statutory fee: $23,000
Personal representative fee: $23,000
Total: $46,000
$2,000,000 Probate Estate
- First $100,000 × 4% = $4,000
- Next $100,000 × 3% = $3,000
- Next $800,000 × 2% = $16,000
- Remaining $1,000,000 × 1% = $10,000
Attorney fee: $33,000
Executor fee: $33,000
Combined statutory compensation: $66,000
Who Pays California Probate Fees?
California probate fees are paid by the estate, not by beneficiaries, heirs, or family members personally.
Fees are approved by the court at the conclusion of the administration and paid from estate assets before final distribution. For attorneys, this means:
- No collection issues
- No chasing heirs
- Court-authorized payment
Extraordinary Fees: When Statutory Fees Are Not Enough
Statutory fees compensate counsel for ordinary probate services. However, California law allows extraordinary fees for work beyond the ordinary scope:
- Sale of real property
- Business operations
- Will or trust litigation
- Tax disputes or audits
- Complex creditor claims
Extraordinary fees are requested separately, supported by time records, and approved at the court's discretion.
Other Probate Costs Attorneys Should Understand
Court Filing Fees
Initial probate filing fee varies slightly by county
Probate Referee Fees
Generally 0.1% of appraised estate value
Publication Fees
Notice publication in adjudicated newspaper
Bond Premiums
Required unless waived by will or heirs
Why Most Attorneys Refer Probate Cases Out (And Shouldn't)
Many solo and small firm attorneys reflexively refer probate matters because they believe probate is too procedural, too risky, or too specialized.
In reality, probate is:
- Highly checklist-driven
- Statute-based
- Court-supervised
- Predictably compensated
Every referred probate case is often $15,000–$40,000 in statutory fees you chose not to capture.
Frequently Asked Questions
Are California probate fees negotiable?
Statutory fees under Probate Code §10810 are fixed by law. However, attorneys and personal representatives may voluntarily waive or reduce compensation.
Can an attorney charge hourly instead of statutory fees?
Yes, but only if the client knowingly agrees and the court approves. Most attorneys use statutory fees due to predictability and simplicity.
Do statutory fees apply in trust administrations?
No. Statutory probate fees apply to court-supervised probates, not private trust administrations.
Why do clients think probate fees are "too high"?
Because fees are based on gross estate value, not net equity—a distinction many clients do not expect.
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