California sets probate attorney and executor fees by statute. Here is the schedule, and the costs it leaves out.
| Portion of the gross estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Determined by the court |
The attorney for the estate and the personal representative are each entitled to a fee on this schedule, so the estate ordinarily pays it twice.
| Gross estate | Attorney | Representative | Both |
|---|---|---|---|
| $100,000 | $4,000 | $4,000 | $8,000 |
| $250,000 | $8,000 | $8,000 | $16,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| $3,000,000 | $43,000 | $43,000 | $86,000 |
| $5,000,000 | $63,000 | $63,000 | $126,000 |
| $10,000,000 | $113,000 | $113,000 | $226,000 |
Illustrative figures showing the statute applied to round numbers. They are the ordinary statutory fee only — not an estimate of what any particular estate will cost.
This page explains California Probate Code §10800 and §10810 for general information. It is not legal advice, not a fee quote, and does not create an attorney-client relationship. Contact Adlon Law for guidance specific to your situation.
When a loved one passes away, their estate often must go through probate — the court-supervised process of distributing assets, paying debts, and settling final affairs. In California, the fees charged by probate attorneys and personal representatives (executors or administrators) are governed by a specific statutory schedule: Probate Code §10800 sets the personal representative’s commission and §10810 sets the attorney’s fee. Both use the identical percentages.
Under this statute, both the attorney for the estate and the executor or administrator are each entitled to the same fee, calculated as a percentage of the estate's gross value. For an estate worth $1,000,000, for example, each party receives $23,000 — bringing total statutory fees to $46,000. These fees are based on the gross appraised value of the estate, not the net value after debts, which means probate costs can sometimes seem disproportionately high relative to what beneficiaries actually inherit.
It is important to understand that the fees in the schedule above represent the ordinary statutory minimum. In many probate proceedings, the attorney and the executor may petition the court for additional "extraordinary fees." Extraordinary compensation is commonly sought when the estate involves complex tax matters, litigation among heirs, the sale of real property, business interests, or contested claims by creditors. The court has broad discretion to award these additional fees if it finds the work went beyond routine probate administration.
Contested estates — those involving will contests, disputes among beneficiaries, allegations of undue influence, or challenges to the validity of trust amendments — almost always result in legal costs that far exceed the statutory schedule. Contested probate litigation can require extensive discovery, depositions, expert witnesses, mediation, and trial preparation, all of which are billed separately from the base statutory fee.
Beyond attorney and executor fees, probate involves a range of other expenses. Court filing fees in California currently start at several hundred dollars. Appraisal fees are required for real property and certain personal property. Bond premiums may be required if the executor is not waived from the bonding requirement. Publication costs, accounting fees, and costs associated with selling estate assets are also common. When planning for probate, families should account for the full range of expenses — not just statutory fees.
If you are facing the probate process as an heir, beneficiary, executor, or administrator, having experienced legal guidance can save time, reduce conflict, and protect the estate's value. Attorney Ora Zarnegar at Adlon Law has extensive experience navigating California probate matters, from routine administrations to high-conflict estate disputes. Contact us today for a free consultation to discuss your situation and understand what probate may involve for your specific estate.