Understanding California Probate Fees: What You Need to Know

By Jennifer Sawday, Esq., Partner at TLD Law

When someone passes away in California and their estate goes through probate, the costs can catch families by surprise—especially the statutory fees paid to both the attorney and the personal representative. These fees aren’t arbitrary. They’re set by California law, specifically the Probate Code, and are based on the total value of the assets being probated.

Statutory Fees: Set by Law

Under the California Probate Code, both the attorney and the executor (also called the administrator or personal representative) are entitled to the same statutory fee. These fees are calculated as a percentage of the estate’s appraised value, not including debts or mortgages.

Here’s how it breaks down:

• 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

For example, if the primary asset in an estate is a $500,000 condo in Long Beach, the statutory probate fee would be $13,000 each to the attorney and the executor—for a total of $26,000.

What About “Extraordinary” Fees?

Sometimes, probates involve much more work than usual—think litigation, contested matters, or complex asset management. In those cases, an attorney can petition the court for what are called “extraordinary fees.” These are not guaranteed and must be justified to the court. I typically only request extraordinary fees when there’s litigation involved. If it’s a straightforward probate, I stick with the statutory amount.

A Note on Terminology

You may hear the terms executor, administrator, and personal representative used interchangeably. They all refer to the person handling the estate, but the exact title depends on the circumstances:

• An executor is named in a valid Will that has been admitted to probate.
• An administrator is appointed when there is no Will.
• A personal representative is the general term that covers both roles, and in some cases, even includes a successor trustee handling trust assets.

Think of it like Kleenex vs. tissue—it’s all the same thing in practice.

Need Help with Probate?
If you’re navigating the California probate process or have questions about fees, TLD Law is here to help. We understand the emotional and financial weight of handling a loved one’s estate, and we’re committed to guiding you through it with clarity and care.