California Probate Costs
Statutory fees under Cal. Prob. Code Section 10810
California Probate Overview
California uses a statutory fee schedule for probate, meaning attorney and executor compensation is set by law rather than negotiated. The fee structure is defined under Cal. Prob. Code Section 10810, and fees are calculated based on the gross value of the estate. This provides predictability -- you can calculate the exact cost before the process begins.
The statutory fee schedule starts at 4% for the first $100,000 of the estate, with rates decreasing for higher amounts. The court filing fee in California is $435, as set by CA Superior Court fee schedule. Additional costs include surety bond premiums and newspaper publication fees for required legal notices.
The probate process in California typically takes 9 to 18 months from filing to final distribution. For smaller estates valued at $208,850 or less, California offers a small estate affidavit that can bypass the full probate process (Cal. Prob. Code Section 13100-13101).