How are Probate Costs Calculated?
In California, probate fees are not a guess—they are set by state law.
The Two Paid Roles
It is important to understand that California law allows for two main participants to be paid from the estate.
1. The Attorney
The lawyer who handles the legal filings and court appearances. Their fee is set by the statutory scale.
2. El Albacea
The person who manages the assets and distributions. They are entitled to the exact same statutory fee as the attorney.
The Sliding Scale
Fees are calculated as a percentage of the GROSS value of the estate (before debts are paid).
First $100k
On the first $100,000 of the estate's value.
Next $100k
On the next $100,000 portion.
Next $800k
On the next $800,000 portion.
Apply the Math
California Probate Fee Calculator
Estimates California formal probate attorney and executor fees based on the approximate gross value of the estate.
Enter the approximate gross value of the estate below (minimum value of $208,850):
How we got here:
| Estate Portion | Rate | Fee Per Role |
|---|
What is NOT included?
The statutory fees shown above only cover the basics. There are other mandatory costs in every probate case:
- Court Filing Fees
- Appraisal Fees (Probate Referee)
- Publication & Notice Costs
- Property Upkeep & Insurance