California Probate Savings Calculator
See exactly how much California probate will cost your estate — and what a living trust saves.
📋 What does California probate cost?
California sets attorney and executor fees by statute (Probate Code §10810): 4% of the first $100K, 3% of the next $100K, 2% of the next $800K, then 1% up to $9M. Because the estate pays both an attorney and an executor at these rates, fees are effectively doubled. On a $1 million estate, total statutory fees run approximately $46,000 — before court costs, appraisal fees, or extraordinary fee petitions.
Enter Your Estate Values
Opens Zillow in a new tab — find the Zestimate, then enter the value below.
⚠️ Enter the GROSS value — do not subtract your mortgage. California probate fees are calculated on gross value regardless of any loans on the property.
Frequently Asked Questions About California Probate Costs
How much does California probate cost?
California probate fees are set by statute (Probate Code §10810). Both the attorney and executor each earn: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; and 1% of the next $9,000,000. Because both attorney AND executor are paid, total statutory fees are doubled. On a $1 million estate, statutory fees total roughly $46,000.
What assets go through probate in California?
Assets titled in the deceased's name alone — with no beneficiary designation or joint tenancy — typically go through probate. In California, primary residences valued over $750,000 and other real estate or liquid assets over $208,450 trigger full probate. Assets in a living trust, held jointly, or with named beneficiaries (like life insurance or retirement accounts) generally pass outside probate.
How long does probate take in California?
California probate typically takes 12 to 18 months for a routine estate, and can stretch to 2–3 years if complications arise — contested claims, real estate sales, or tax issues. During that time, assets are frozen and family members must wait for court approval before receiving anything.
Can a living trust avoid probate in California?
Yes. A properly drafted and funded revocable living trust allows assets to pass to beneficiaries without going through probate court. The trust holds title to assets during your lifetime and distributes them according to your instructions after death — privately, quickly, and without court fees.
Ready to Protect Your Family?
Dustin MacFarlane is a California State Bar Certified Specialist in Estate Planning, Trust & Probate Law. Schedule a free consultation today.