Attorney and Executor Fees

In California, the attorney and executor in a formal probate are each entitled to compensation set by statute. The fee amount is calculated based on the gross value of the estate (Probate Code §§ 10800 & 10810):

Understanding Probate Fees

• First $100,000 of estate value - 4% to attorney and 4% to executor

• Next $100,000 of estate value - 3% to attorney and 3% to executor

• Next $800,000 of estate value - 2% to attorney and 2% to executor

• Next $9 million of estate value - 1% to attorney and 1% to executor

• Next $15 million of estate value - 0.5% to attorney and 0.5% to executor

• For any estate over $25 million - the court determines reasonable fee

Use our California Probate Fee Calculator to estimate attorney and executor fees for a formal probate. This calculator is provided for educational purposes only; it does not constitute legal advice and is not a substitute for legal advice.

Other Fees

In addition to the attorney and executor fees set by statute, a formal probate often includes additional fees and costs such as:

• Court filing and other administrative fees

• Publication, service, and notice fees

• Property appraisal fees

• Referee fees

• Bond fees

• Mortgage, insurance & property upkeep costs

This calculator is provided for educational purposes only; it does not constitute legal advice and is not a substitute for legal advice.

Example Calculation

Assume someone dies with a home worth $800,000 and a bank account worth $200,000 for a total gross estate value of $1 million: