Probate Fee Calculator
California Probate Code §10800 & §10810Calculate Statutory Probate Fees
Enter the estate’s inventory and appraisal value to see the statutory compensation for the executor or administrator and for the estate’s attorney.
How the Math Works
Under Probate Code §10800, the personal representative’s statutory fee is a percentage of the estate, by tier:
| Portion of estate | Rate | Max for tier |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | $16,000 |
| Next $9,000,000 | 1% | $90,000 |
| Next $15,000,000 | 0.5% | $75,000 |
| Over $25,000,000 | Reasonable amount set by the court | — |
The estate’s attorney receives the same amount under §10810.
Fee base = Inventory & appraisal
+ gains on sales
+ receipts
− losses on sales
Mortgages and liens are not deducted. Example: a $1,000,000 estate produces $4,000 + $3,000 + $16,000 = $23,000 for the executor and $23,000 for the attorney.
Extraordinary services — such as litigation, tax matters or certain real property sales — may be compensated on top of these amounts with court approval (§10801, §10811).
This information is general in nature and is not legal advice. Every estate is different — consult your trust and estate attorney about your specific situation. Results are estimates of statutory compensation only; the court determines the final amounts.
Where Real Estate Fits In
For most California estates, the house is the largest asset, so it drives the fee base. Because the base is gross value, a home with a large mortgage or reverse mortgage still generates fees on its full appraised value — which is one reason the timing and price of the sale matter to everyone involved.
A sale above the probate referee’s appraisal adds to the base; a sale below it reduces the base and can raise questions from beneficiaries. Pricing, presentation and a documented marketing record protect the estate either way. The broker’s commission is separate from these statutory fees and is paid from the sale proceeds.
Probate Fee FAQs
How much is the executor fee in California?
California sets statutory compensation for an executor or administrator in Probate Code §10800: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. Above $25 million the court sets a reasonable amount. A $1,000,000 estate produces a statutory fee of $23,000.
How much do probate attorneys charge in California?
Under Probate Code §10810, the attorney for the personal representative receives statutory compensation on the same schedule as the executor. For a $1,000,000 estate, that is $23,000 for the attorney and $23,000 for the executor — $46,000 combined. Extraordinary services, such as litigation or certain real property sales, can be compensated separately with court approval.
Is the probate fee based on the gross or net value of the estate?
Gross. The fee base is the inventory and appraisal value of the estate, plus gains over appraisal on sales, plus receipts, less losses on sales — without deducting mortgages or other encumbrances (Probate Code §10800(b)). A $1,000,000 home with a $700,000 mortgage still counts as $1,000,000.
Do two co-executors each get a full fee?
No. When there are two or more personal representatives, the total statutory compensation cannot exceed what one representative would receive; the court apportions it among them by agreement or according to the services each provided (Probate Code §10805).
Can an executor waive the fee?
Yes. Statutory compensation is taxable income to the personal representative, so family members who are also beneficiaries sometimes waive it and receive their share as an inheritance instead. Discuss the tax effect with the estate’s attorney or CPA.
Does this apply to trustees?
No. The statutory schedule applies to probate estates only. A successor trustee is entitled to the compensation stated in the trust instrument or, if none, reasonable compensation under Probate Code §15681, and trust administration has no statutory attorney fee schedule.
How does selling the house affect the probate fee?
If estate real property sells for more than its probate referee appraisal, the gain is added to the fee base; a sale below appraisal is subtracted. The real estate broker’s commission is separate, paid from sale proceeds, and in court-confirmed sales is approved by the court (Probate Code §10160–10162).
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