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Title Tag: California Probate Fee Calculator (2026) — Free §10810 Estimate - ProbatePedia

Meta Description: Calculate your California probate attorney and executor fees instantly using the §10810 statutory formula. See total probate costs and compare them to the cost of avoiding probate with a living trust or TOD deed.

California Probate Fee Calculator (2026)

Statutory fees per Probate Code §10810 | Updated March 2026• Free — no signup required

▶ CALCULATOR WIDGET — EMBED HERE

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Inputs: Gross estate value (slider $100K–$5M) + optional mortgage balance

Outputs: Attorney fee / Executor fee / Combined statutory / Court & misc / Total probate cost / Net equity comparison

CTA: Email capture to receive full PDF breakdown | Secondary CTA: Find a CA probate attorney

How the Calculator Works

The calculator applies California's statutory probate fee formula — Probate Code §10810 — to the gross estate value you enter. The formula is set by law and has not changed in decades. It determines the maximum fee both the attorney and the executor are each individually entitled to receive.

| ContentEstate Value RangeContentRateContentMaximum Fee on This Tier** | | --- | --- | --- | --- | | Tier 1 | First $100,000 | 4.0% | $4,000 | | Tier 2 | $100,001 – $200,000 | 3.0% | $3,000 | | Tier 3 | $200,001 – $1,000,000 | 2.0% | $16,000 | | Tier 4 | $1,000,001 – $10,000,000 | 1.0% | $90,000 | | Tier 5 | Above $10,000,000 | 0.5% | Court-approved | | Content$23,000 — paid to EACH of attorney AND executor** |

The Gross Value Rule — Mortgages Don't Reduce the Fee:

The §10810 fee is calculated on the gross appraised value of the estate — before subtracting any mortgages, liens, or debts. A house worth $1,000,000 with a $600,000 mortgage is treated as a $1,000,000 estate for fee purposes. The calculator accepts an optional mortgage balance to show you the net equity your family actually receives — but the fee itself is always based on gross value.

What the Calculator Includes

• Statutory attorney fee (§10810): The maximum fee the attorney is entitled to receive. Most California probate attorneys collect this in full.
• Statutory executor fee (§10810): Same formula as the attorney fee — the executor is entitled to the same amount, independently. Note: the executor can waive this fee.
• Court filing fees: $435 for the initial petition + $435 for the final distribution petition = $870. Statewide uniform fee per GC §70611.
• Probate Referee fee (§8960): 0.1% of the appraised value of non-cash assets, minimum $150. The calculator estimates this at 0.1% of gross estate value.
• Newspaper publication (estimated): Required notice to creditors. Estimated at $200 (typical range $150–$400 depending on county and publication).

What the Calculator Does NOT Include

• Extraordinary attorney fees — additional fees for selling real estate, handling disputes, filing tax returns, or managing business assets. These are petitioned separately and can add $3,000–$100,000+ on top of the statutory fee.
• Real estate agent commissions if property is sold during probate (typically 5–6% of sale price)
• Accounting and tax preparation fees for the estate's income tax returns
• Bond premiums (required in some probates when the executor is not a named beneficiary)
• Any costs related to contested proceedings, creditor disputes, or will challenges

The calculator provides a reliable estimate of the minimum statutory probate cost. Your actual total will be higher if the estate requires any extraordinary work.

Quick Reference: Statutory Fees by Estate Size

Use this table if you want the fee without running the calculator. All figures use the §10810 formula on gross estate value. "Combined statutory" = attorney fee + executor fee (both collecting the full amount).

| ContentAttorney FeeContentExecutor FeeContentCombined StatutoryContentEst. Court + MiscContentEst. Total MinimumContentAs % of Gross** | | --- | --- | --- | --- | --- | --- | --- | | $300,000 | $9,000 | $9,000 | Content$19,370** | 6.5% | | $500,000 | $13,000 | $13,000 | Content$27,570** | 5.5% | | $750,000 | $18,000 | $18,000 | Content$37,820** | 5.0% | | $900,000 | $21,000 | $21,000 | Content$43,970** | 4.9% | | $1,200,000 | $25,000 | $25,000 | Content$52,270** | 4.4% | | $1,500,000 | $28,000 | $28,000 | Content$58,570** | 3.9% | | $2,000,000 | $33,000 | $33,000 | Content$69,070** | 3.5% | | $3,000,000 | $43,000 | $43,000 | Content$90,070** | 3.0% |

Note: "Est. Court + Misc" includes $870 in filing fees + Probate Referee estimate (0.1% of estate) + $200 publication. Extraordinary fees are not included. Executor fee waiver would reduce combined statutory to attorney fee only.

The Net Equity Reality Check: What Your Family Actually Receives

The statutory fee formula can produce a deeply counterintuitive outcome for heavily mortgaged estates. The table below shows the same attorney fee applied to estates with different mortgage levels — and what the family actually receives after fees.

| ContentMortgage BalanceContentFamily's Net EquityContentCombined Stat. FeesContentNet Equity After FeesContentFees as % of Net Equity** | | --- | --- | --- | --- | --- | --- | | $900,000 | $650,000 | $250,000 | Content$208,000Content17%** | | $900,000 | $500,000 | $400,000 | Content$358,000** | 11% | | $900,000 | $300,000 | $600,000 | Content$558,000** | 7% | | $900,000 | $0 | $900,000 | Content$858,000** | 5% |

In the first row: the family has $250,000 in net equity but pays $42,000 in combined statutory fees — the fees consume 17% of what the family actually stood to inherit. This is not a rare edge case in California; it describes millions of homeowners who bought a home in the last decade.

Comparison: What Does It Cost to Avoid Probate?

The fee calculator shows you what probate costs. Here is what the alternatives cost — so you can see the break-even clearly.

| ContentUpfront CostContentWhat It CoversContentProbate Eliminated?** | | --- | --- | --- | --- | | ContentYes — completely for all funded assets** | | ContentYes — for that property only** | | ContentYes — for accounts with valid designations** | | AB 2016 §13150 Petition (after death) | $2,000–$4,500 (attorney fees + filing) | Primary residence with net equity ≤ $750,000; deaths on/after April 1, 2025 only | Partial — one court hearing; faster/cheaper than full probate | | ContentNo — this IS probate** |

The Break-Even Math Is Straightforward:

A living trust costs $3,000 to set up. On a $900,000 gross estate, the combined statutory attorney + executor fee is $42,000. The trust pays for itself 14 times over on the first probate it prevents — before counting court fees, Probate Referee, publication, or any extraordinary fees. The question is never "can we afford a trust?" — it is "can we afford not to have one?"

How to Use Your Calculator Results

If Your Estimated Total Is Under $15,000

Your estate may be small enough that the probate cost, while real, is proportionate. Consider whether a TOD deed (for any real property) and beneficiary designations (for all financial accounts) can eliminate probate entirely at minimal cost — before assuming probate is acceptable. Even small estates benefit from planning.

If Your Estimated Total Is $15,000–$40,000

A living trust pays for itself many times over. At this level, the trust's upfront cost ($2,000–$4,000) represents roughly 5–25% of the probate cost it prevents. This is the most common situation for California homeowners with a mid-range property and modest remaining mortgage.

If Your Estimated Total Is Over $40,000

The case for a living trust is unambiguous. At this level you are also likely dealing with an estate where extraordinary fees — a real estate sale, tax filings, creditor management — will push total probate costs significantly above the statutory minimum. The trust does not just save statutory fees; it eliminates the extraordinary fee exposure as well.

If the Net Equity After Fees Is Negative or Near Zero

This scenario — where probate fees consume most or all of the family's actual equity — occurs more often than people expect in California's high-mortgage environment. If this is your situation, advance planning is urgent. A TOD deed recorded today eliminates this risk on the property entirely and costs under $150. A living trust covers everything else.

⚡ Share your calculator results — enter your email to receive a personalized PDF breakdown with your estate's estimated probate cost, the savings from alternative planning strategies, and a checklist for your next steps.

Frequently Asked Questions About the Calculator

The calculator says my estate qualifies for the §13100 small estate affidavit. What does that mean?

If your gross personal property estate is under $208,850 (as of April 1, 2025), the §13100 small estate affidavit may allow heirs to collect assets without court proceedings. Note that real estate requires a separate procedure — the affidavit covers personal property only. If your estate includes a home, the property must be addressed through a TOD deed, living trust, spousal petition, the AB 2016 §13150 petition (if eligible), or full probate regardless of the personal property value.

Does the calculator account for the executor waiving their fee?

The calculator shows the full statutory fee for both attorney and executor. If the executor waives their fee — advisable when the executor is also the primary beneficiary, to avoid paying income tax on the fee — the total drops by one full statutory amount. For a $900,000 estate, that is a $21,000 reduction. You can manually subtract this from the calculator's output if the executor has decided to waive.

What is the Probate Referee fee and is it included?

Yes. The Probate Referee is a court-appointed appraiser who values all non-cash assets in the estate. The fee under §8960 is 0.1% of the appraised non-cash assets, with a minimum of $150. The calculator estimates this at 0.1% of the total gross estate value — a conservative approximation that may be slightly higher than the actual fee for estates with significant cash holdings.

Why doesn't the calculator include extraordinary fees?

Extraordinary fees — for selling real estate, handling litigation, filing complex tax returns, managing business assets — are highly variable and depend entirely on the facts of each estate. Quoting a specific extraordinary fee estimate would be misleading. What the calculator shows is the statutory minimum. Any estate requiring a real estate sale during probate, a will contest, or significant creditor management should expect actual total costs to be materially higher than the calculator's output. Use the calculator as a floor, not a ceiling.

Are these fees the same in every California county?

The §10810 statutory fee formula is statewide — it applies uniformly in all 58 California counties. Court filing fees are also statewide ($435 per petition under GC §70611). What varies by county is the cost of newspaper publication (required for creditor notice), court processing times, and the availability and cost of local attorneys. The calculator's estimates are valid across California; only the publication and miscellaneous estimates may vary slightly by county.

My estate is simple and my children agree on everything. Is probate really that expensive?

Yes — the statutory fee formula applies equally to simple, uncontested estates and complex disputed ones. A cooperative family and a clear will do not reduce the §10810 fee at all. An uncontested California probate on a $900,000 estate costs the same in statutory fees as a fully contested one — $42,000 combined. The only path to a lower total is a reduced-fee arrangement (which must be voluntarily agreed to by the attorney), the executor waiving their fee, or — most reliably — avoiding probate through advance planning.

What if the estate has multiple properties?

Each additional California property does not add a separate §10810 fee — the fee formula applies to the total gross estate value, which includes the value of all properties. However, if properties are located in other states, each state requires its own ancillary probate proceeding with its own fees and attorneys. A living trust eliminates ancillary probate in all states, which is why multi-state property owners are among the strongest candidates for trust planning.

Next Steps After Using the Calculator

The calculator gives you the numbers. Here is what to do with them:

| ContentRecommended next step** | | --- | --- | | Planning your own estate — no probate currently underway | Use the probate cost estimate to evaluate whether a living trust or TOD deed makes financial sense for your estate. For most California homeowners, it does. See: How to Avoid Probate in California and California Revocable Living Trust — Complete Guide. | | Acting as executor in an active probate | The statutory fee is set — focus on strategies to reduce extraordinary fees: use IAEA authority, avoid contested proceedings, and handle administrative tasks yourself where possible. See: California Probate Attorney Cost — How to Reduce Your Bill. | | Inheriting a home after a recent death (April 1, 2025 or later) | If the net equity is under $750,000 and no probate is open, the AB 2016 §13150 simplified petition may be available. See: California AB 2016 — Skip Probate on a Primary Residence. | | Trying to understand costs before meeting an attorney | Print or save your calculator results and bring them to the consultation. An attorney can confirm the estate value estimate and identify any extraordinary work that will push costs above the calculator's output. |

Know Your Numbers. Make Your Plan.

The probate fee is real. The alternatives are affordable. The decision is yours.

→ Download Living Trust Kit ($39) → Find a California Estate Planning Attorney → Read: How to Avoid Probate in California

✅ Data Notes — March 2026

• §10810 statutory fee formula — unchanged; all calculations use current tiered rates

• §8960 Probate Referee fee — 0.1% of appraised non-cash assets, minimum $150; confirmed current

• Court filing fees — $435 per GC §70611; $870 for two petitions (initial + final distribution); 2026 confirmed

• §13100 small estate threshold — $208,850 effective April 1, 2025

• §13150 (AB 2016) net equity threshold — $750,000 effective April 1, 2025

• Publication cost estimate ($200) — typical range $150–$400; varies by county and publication

• Trust setup cost ranges ($2,000–$4,000) and TOD deed recording cost ($90–$150) — confirmed market estimates

probatepedia.com · /tools/california-probate-fee-calculator/ · CA-10 of 10 · v1.0 March 2026 · Data verified