California Probate Attorney Fee Calculator
Calculate statutory attorney fees based on your estate’s gross value.
This calculator provides an estimate of statutory attorney fees under California Probate Code §10810. Actual fees may vary. This is for informational purposes only and should not be relied upon as legal or financial advice.
California Probate Attorney Fee FAQs
How are probate attorney fees calculated in California?
California probate attorney fees are set by statute under Probate Code §10810. Fees are calculated as a percentage of the estate’s gross value: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9 million. These are the maximum fees an attorney can charge without court approval. Use the calculator above to estimate your costs based on your estate’s value.
Are California probate attorney fees negotiable?
Statutory fees represent the maximum allowed, not a minimum. Some attorneys may agree to lower fees, flat fees, or hourly arrangements — especially for simpler estates. However, most attorneys charge the full statutory amount. It’s worth asking upfront, but don’t expect significant discounts. Learn more about probate fees in California.
Does the attorney fee apply to the gross or net estate value?
Attorney fees are calculated on the gross estate value — the total value of assets before subtracting any debts, mortgages, or liabilities. This means a home worth $800,000 with a $500,000 mortgage still generates fees based on the full $800,000, not the $300,000 equity.
Are probate attorney fees paid upfront or at the end?
Attorney fees are typically paid at the close of probate from estate funds, not out of pocket upfront. However, some attorneys may request a retainer or advance for costs during the process. If you need cash during probate before fees are settled, a probate advance can help cover expenses.
What are extraordinary probate attorney fees?
In addition to statutory fees, attorneys can petition the court for “extraordinary fees” for work beyond routine probate administration. This includes litigation, will contests, complex tax matters, selling real estate, operating a business, or handling disputes among beneficiaries. These fees are billed hourly and require court approval. Extraordinary fees can add thousands to your total probate costs — use our California Probate Cost Calculator to estimate your full out-of-pocket expenses.