How Much Does Probate Cost in California?

California's statutory probate fees, explained with a real example — and what it means for your inheritance.

California probate is not only slow — it can be expensive, and the fees are set by state law. If you are an heir, it helps to understand what comes out of the estate before you receive your share. Here is how California probate costs work.

Statutory attorney and executor fees

California Probate Code sets statutory fees for both the estate's attorney and the personal representative, each calculated on the gross value of the estate (not reduced by the mortgage or debts):

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000

Example: on a $700,000 home (even with a large mortgage), the attorney is entitled to about $17,000 and the personal representative to about $17,000 — roughly $34,000 in statutory fees alone, because the fee is based on the gross value.

Other common probate costs

• Court filing fees (several hundred dollars per petition)
• Probate referee appraisal fee (typically 0.1% of appraised assets)
• Publication of legal notices
• Probate bond, if required
• "Extraordinary" fees for extra work such as selling real estate or handling a dispute

Who pays — and when

These costs are generally paid from the estate before heirs are distributed their shares, which is another reason final distribution comes so late in the probate timeline. Heirs do not pay out of pocket, but the costs reduce what is left to inherit.

Getting cash without adding cost

An inheritance advance does not add to probate costs or create debt — it simply lets you access part of your inheritance early, settled from the estate at the end. Unlike a probate loan, there is no interest that grows while these fees and timelines play out. This article is general information, not legal or tax advice; consult a probate attorney about your estate.

This article is general information about inheritance advances, not legal, tax, or financial advice. Eligibility and advance amounts vary by case. Inheritance advances are not loans.