How Much Does Probate Cost in California?

General information, not legal advice. Attorney advertising. Reading this article does not create an attorney-client relationship. See the important information at the end of this article.

The statutory fee schedule

California is one of a few states that sets probate fees by formula. Under Probate Code § 10810 (attorney) and § 10800 (personal representative, i.e., the executor or administrator), “ordinary” compensation is:

The fee base is the value of the estate as shown on the inventory and appraisal, plus gains on sale and receipts, less losses on sale. Family members serving as executor may waive their fee, but the attorney’s fee applies separately.

Examples for common San Diego estates

How the $1,000,000 example works: 4% × $100,000 = $4,000; 3% × $100,000 = $3,000; 2% × $800,000 = $16,000. Total: $23,000.

Why gross value matters

Debts are not subtracted. If a Scripps Ranch home is appraised at $1,200,000 with an $800,000 mortgage, the fee is calculated on $1,200,000 — even though the family’s equity is $400,000. With San Diego home values, statutory fees can be large relative to what heirs actually receive.

Other probate costs

• Court filing fees. The first filing fee for a petition for probate is $435 (Government Code § 70650), and filing fees also apply to certain later petitions and to people filing objections. Fees are periodically updated; check the current San Diego Superior Court fee schedule.
• Publication. Notice of the petition must be published in a local newspaper, typically costing a few hundred dollars.
• Probate referee. A state-appointed referee appraises non-cash assets for a fee of generally one-tenth of one percent of the value appraised (Probate Code § 8961), subject to limits.
• Bond premiums if the will doesn’t waive bond or heirs don’t consent to waive it.
• Costs of sale, appraisals, accountings and tax returns.

Extraordinary fees

For work beyond ordinary administration — selling real estate, litigation, tax disputes, running a business — the court may approve additional “extraordinary” compensation on petition (Probate Code §§ 10801, 10811). Contested estates can cost substantially more than the table above.

The probate process in San Diego County, step by step

1. Petition. The executor named in the will (or, without a will, a relative with priority) files a Petition for Probate with the San Diego County Superior Court, along with the original will if there is one.
2. Notice and publication. Heirs and beneficiaries receive mailed notice, and notice is published in a local newspaper.
3. Hearing and letters. If there are no objections, the court appoints the personal representative and issues “letters,” which give legal authority to act for the estate.
4. Inventory and appraisal. Assets are listed and non-cash assets appraised by the probate referee.
5. Creditor claims. Known creditors receive notice; creditors generally have four months from letters to file claims.
6. Managing and selling assets. Real estate may be sold under court supervision or, with full authority under the Independent Administration of Estates Act, with notice to heirs.
7. Accounting and final distribution. The personal representative petitions for final distribution, the court approves fees, and assets are distributed.

Probate vs. trust administration: a cost comparison

When assets are held in a funded living trust, the successor trustee settles the estate without these court steps. Trust administration still involves work — notices, valuations, tax returns, real estate transfers — and attorneys typically charge hourly or a flat fee for it rather than a statutory percentage. For many San Diego families with a home and retirement savings, the difference between a statutory probate fee and the cost of trust administration is substantial, and the trust process is usually faster and private. That gap is one reason estate planners often recommend a revocable trust to clients who own real estate in California.

How long probate takes

Probate in California commonly takes a year or more. Creditors have four months from the issuance of letters to file claims (Probate Code § 9100), so even simple estates can’t close immediately. Court calendars, property sales, missing heirs and family disputes add time.

How to avoid or reduce probate costs

• A funded revocable living trust — the most common approach for homeowners. See Living trust vs. will.
• Beneficiary designations on retirement accounts, life insurance and payable-on-death/transfer-on-death accounts.
• Small estate procedures for estates under the limit in Probate Code § 13100 ($208,850 for deaths on or after April 1, 2025), and a court petition for certain primary residences under § 13151.
• Spousal property petition (§ 13650) for property passing to a surviving spouse or registered domestic partner.
• Trust petitions when a trust exists but an asset was accidentally left out.

If a loved one has already passed, an attorney can help determine whether one of these simpler procedures applies before a full probate is opened. Learn more on our San Diego probate page.