© 2026 SimplyTrust Software Inc.
Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.
Probate costs in California typically include attorney fees (set by state statute), executor fees, court filing fees, and publication costs.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 Total costs generally range from 3-8% of the estate value depending on complexity. Use the executor fee calculator to estimate executor compensation separately.
California allows estates valued at $208,850 or less to use a Small Estate Affidavit, which avoids formal probate.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 The waiting period is 40 days after death. Check eligibility with the California probate need checker.
In California, simple estates typically take 9-12 months. Average estates take 12-18 months. Complex estates with disputes, tax issues, or unusual assets can take 18-36 months or longer.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 The 4-month creditor claim period sets a minimum timeline.
Yes. California has a statutory attorney fee schedule for probate.Cal. Prob. Code § 10810Verified May 31, 2026 Attorneys and clients may agree to different arrangements, but the statutory schedule provides a baseline.
California has a statutory fee schedule for executor compensation.Cal. Prob. Code § 10800Verified May 31, 2026 Executor fees typically follow the same schedule as attorney fees. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the California executor fee calculator.
California has a separate limit of $69,625 for real property transfers outside probate.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026
As a community property state, California treats most assets acquired during marriage as jointly owned. Community property that passes to the surviving spouse often avoids probate entirely. Only the decedent's separate property and their share of community property distributed to non-spouse beneficiaries go through probate. See how California divides assets with the inheritance calculator.
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.
Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Select your state and enter an estate value to see a detailed cost estimate.
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
Get a complete guide for your specific circumstances.

Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more