When someone passes away in California, their estate often faces one of the country’s most expensive probate processes.
At Perry Morgan Attorneys, our probate lawyers help families minimize these costs through strategic estate planning and efficient probate administration. Whether you need immediate probate assistance or want to plan ahead with trust creation, our team guides you through every step.
What is Probate?
You may wonder what probate is in the first place. Probate is the court-supervised process of distributing a deceased person’s estate. The “estate” includes all assets left behind — personal property, bank accounts, investments, and real estate. The deceased person is called the “decedent”.
The probate process involves determining the estate’s value, paying outstanding debts and bills, and distributing remaining assets to beneficiaries. A will typically names an executor to manage this process. Without a will, the court appoints an administrator. Both the executor and attorney involved in probate receive compensation from the estate for their services.
When is Probate Required?
To determine whether probate is required: did the decedent write a will before his or her death?
If the decedent died without a will, probate is needed to pay the decedent’s bills and distribute the assets left behind. Dying without an estate plan (otherwise known as dying “intestate”) means that the court will need to facilitate this process.
If the decedent died with a will, look to your state’s probate code to determine whether the estate must be probated. In California, an estate worth $184,500 or less does not require probate as of 2025. Additionally, anything owned by your living trust will not go through probate. This is one of the main benefits of creating a trust: your estate avoids the California probate fees associated with the probate process. If you have assets that are not owned jointly or by your trust, and if your estate is valued at over $184,500, your estate may be subject to the probate process.
Total Probate Costs: What to Expect
California probate typically costs 4-7% of the gross estate value. For a $1 million estate, expect to pay $40,000-$70,000 in total fees. These costs accumulate from various required services and court procedures throughout the probate process.
Basic Court Probate Fees
No matter how straightforward or convoluted the estate, a filing fee is required to begin the probate process. In California, the filing fee to begin probate is $435 as of 2025. Other fees will be charged depending on how the course of the probate process progresses. The court charges additional fees for various required procedures:
- $200 for additional petitions after initial filing
- $50 for will delivery to court
- $15 per 10-minute search for estate documents
- Fees for certifying copies of court documents
- Costs for publicizing probate notices
Ordinary California Probate Fees
Because there are several services involved in probate, each has an associated fee. California probate fees may either be ordinary or extraordinary. Ordinary services include collecting rent, leasing property, making necessary payments, and other administrative services in the probate process.
Both the executor and attorney involved in a probate will be compensated identically for ordinary services based on a percentage of the total estate. This framework is called “statutory compensation”. Probate Code Section 10800 outlines ordinary fees for both the executor and attorney:
- Four percent on the first one hundred thousand dollars ($100,000).
- Three percent on the next one hundred thousand dollars ($100,000).
- Two percent on the next eight hundred thousand dollars ($800,000).
- One percent on the next nine million dollars ($9,000,000).
- One-half of 1 percent on the next fifteen million dollars ($15,000,000).
- For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.
Note that, because both executor and attorney are compensated equally, the fee is essentially double — one fee for executor, another for attorney. Additional compensation is awarded to take into account litigation, reporting, filing government documents, and other work related to acting in one’s capacity as representative or attorney.
Real-World Probate Fee Examples
Seeing how statutory fees apply to actual estates helps illustrate the true cost of probate. These calculations show both executor and attorney fees combined:
$500,000 Estate
- First $100,000 at 4% = $4,000
- Next $100,000 at 3% = $3,000
- Next $300,000 at 2% = $6,000
- Total per person = $13,000
- Combined (executor + attorney) = $26,000
- Plus court fees ≈ $27,000 total
$1.5 Million Estate
- First $100,000 at 4% = $4,000
- Next $100,000 at 3% = $3,000
- Next $800,000 at 2% = $16,000
- Next $500,000 at 1% = $5,000
- Total per person = $28,000
- Combined (executor + attorney) = $56,000
- Plus court fees ≈ $57,000+ total
Extraordinary California Probate Fees
Along with ordinary probate fees, both the representative and attorney may also be compensated for extraordinary services. “Extraordinary” is not defined, and the court will determine what is extraordinary given the circumstances. The court has historically recognized numerous situations that qualify for additional compensation beyond statutory fees:
For personal representatives, extraordinary services include:
- Selling real estate (especially in declining markets)
- Operating the decedent’s business
- Defending will contests
- Handling multi-state property transfers
- Preparing federal estate tax returns (Form 706)
- Managing environmental cleanup on property
- Resolving complex creditor claims
- Securing loans to pay estate debts
For attorneys, extraordinary services encompass:
- Legal services connected to property sales
- Litigation against third parties
- Tax audit representation
- Trust interpretation disputes
- Defense of the personal representative’s accounting
The court will determine the proper amount of these fees; because the court is given broad discretion in these cases, extraordinary probate fees in California depend on the case.
Additional Probate Expenses
While statutory fees form the bulk of probate costs, several other expenses can significantly impact the estate’s bottom line. These additional costs often catch families by surprise, as they fall outside the standard fee structure but remain necessary for completing the probate process. From professional appraisals to ongoing maintenance costs, these expenses can add thousands of dollars to the total probate bill.
Probate Referee Fees
California requires professional appraisal of non-cash assets to establish the estate’s value for fee calculations. The probate referee, appointed by the State Controller’s Office, charges fees based on the value of assets appraised:
- Fee: 0.1% of appraised asset value
- Minimum: $75
- Maximum: $10,000 (without court approval)
- Assets requiring appraisal: real estate, business interests, collectibles, vehicles
Other Common Costs
Beyond statutory and referee fees, estates often incur additional expenses that can add thousands to the total cost:
- Bond premiums (if required): 0.5-1% of estate value annually
- Publication fees: $200-$500
- Certified copies: $40-$60 each
- Recording fees: $20-$50 per document
- Tax preparation: $1,000-$5,000+
- Property maintenance during probate
- Storage fees for personal property
How to Avoid Probate, and California Probate Fees
Given California’s high probate costs, many families seek legitimate ways to transfer assets outside of court supervision. The following strategies can help you sidestep the probate process entirely, saving your beneficiaries both time and money. Each method has distinct advantages and considerations, and combining multiple strategies often provides the most comprehensive protection against probate fees.
Comprehensive Estate Planning
A well-designed estate plan serves as your first line of defense against probate costs. Estate planning involves more than just creating a will — it requires coordinating multiple legal documents and strategies to ensure your assets transfer smoothly without court intervention. Key components of a probate-avoiding estate plan include:
- Revocable living trust as the centerpiece document
- Pour-over will to catch any assets not in the trust
- Financial power of attorney for incapacity planning
- Advance health care directive for medical decisions
- Trust transfer deeds for real property
- Assignment documents for personal property
- Beneficiary designation updates across all accounts
- Regular reviews every 3-5 years or after major life changes
Living Trusts
A revocable living trust serves as the most comprehensive probate avoidance tool. When properly funded, a trust holds your assets during life and transfers them directly to beneficiaries upon death. The benefits extend beyond cost savings:
- No court involvement required
- Privacy maintained (probate is public record)
- Immediate asset access for beneficiaries
- Cost: $2,000-$5,000 to establish vs. tens of thousands in probate fees
- Flexibility to modify during your lifetime
Transfer-on-Death (TOD) Designations
California law allows various assets to transfer automatically upon death through beneficiary designations. These simple forms can save significant probate costs:
- Bank accounts: Add POD (payable-on-death) beneficiaries
- Investment accounts: Use TOD registrations
- Real estate: File TOD deed (available in California since 2016)
- Vehicles: Complete TOD forms with DMV
Joint Ownership Options
Holding property jointly can provide automatic transfer upon death, though each method has different implications:
- Joint tenancy with right of survivorship
- Community property with right of survivorship
- Consider tax implications and creditor exposure
- Works well for married couples
Should You Handle Probate Without an Attorney?
While California law allows self-representation in probate, the complexity and potential liability make professional representation advisable. Consider these risks of proceeding without legal counsel:
- Missing deadlines can result in personal liability
- Incorrect distributions may require repayment
- Tax mistakes can trigger penalties
- Court rejection of documents causes delays
- Attorney fees are paid from estate, not your pocket
- Errors can lead to beneficiary lawsuits
Take Action Today
California’s high probate costs make advance planning valuable. At Perry Morgan Attorneys, we offer comprehensive services to help families through every stage of estate planning and administration.
Don’t let your family face unexpected probate expenses. Contact our firm today for a free consultation!
