One of the first questions families ask when facing probate is what it's going to cost — and it's a fair one, since probate can eat into an estate before beneficiaries ever see their inheritance. Unlike many legal fees, California probate attorney and executor fees aren't negotiable hourly rates. They're set by statute, based on the gross value of the estate.
Statutory Attorney and Executor Fees
Under California Probate Code Section 10810, both the probate attorney and the executor (or administrator) are entitled to a fee calculated on a sliding scale based on the estate's gross value — the value of assets before subtracting debts or mortgages:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- A reasonable amount, as determined by the court, for anything above $25 million
Because these fees apply separately to the attorney and the executor, a single estate can generate two statutory fees calculated the same way. For example, on a $1 million estate, the statutory fee comes out to roughly $23,000 — and that amount could be paid twice if both the attorney and the executor take their full statutory fee.
Extraordinary Fees
Beyond the standard statutory fee, the court may approve additional "extraordinary fees" for work that goes beyond routine estate administration. This can include:
- Selling estate real property
- Handling a will contest or other litigation
- Resolving disputes with the IRS or state tax agencies
- Managing an ongoing business that's part of the estate
- Contested accountings or disputes among beneficiaries
These fees require court approval and are billed based on the actual time and complexity involved, rather than the flat statutory formula.
Other Costs to Expect
Statutory fees aren't the only expense involved in probate. Depending on the estate, families should also budget for:
- Court filing fees, which are set by the county and required at multiple stages of the process
- Probate referee fees, for appraising real estate and other non-cash assets
- Publication costs, for the legal notices required to notify creditors and interested parties
- Bond premiums, if the court requires the executor to be bonded
- Accounting or appraisal costs for complex assets like businesses, art collections, or investment portfolios
Ways to Reduce Probate Costs
The most effective way to reduce probate costs is to avoid probate altogether — or at least minimize what has to pass through it. Common strategies include:
- Establishing a revocable living trust to hold major assets outside of probate
- Properly titling property and accounts with beneficiary designations or joint ownership
- Using a small estate affidavit for estates that fall under California's simplified-process threshold
- Keeping organized, up-to-date estate planning documents so an executor doesn't need extra time (and extraordinary fees) tracking down information
If probate can't be avoided, working with an attorney who moves the case efficiently — and who is upfront about which fees are statutory versus negotiable — can help keep costs predictable.
Get a Clear Answer for Your Estate
Every estate's costs depend on its size, complexity, and whether disputes arise. The Law Office of Mitchell A. Port offers a discounted consultation rate and will walk you through exactly what to expect for your specific situation — with over 40 years of experience, including time as a former IRS attorney, guiding California families through probate.
Call (310) 526-3433 for a free phone consultation, or contact us online today.