California is unique because it uses a mandatory "sliding scale" for probate fees. Under California Probate Code Section 10810, the fees for both the attorney and the executor are fixed by law.
The CPC 10810 Fee Schedule
Fees are calculated as a percentage of the total value of the estate assets appraised by the probate referee.
| Estate Value Tier | Statutory Percentage |
|---|---|
| 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 | Court Discretion |
Critical Warning: You pay fees on the market value of your home, even if you have a large mortgage. The court does not care about your equity when calculating CPC 10810 fees.
Estimated Total Costs by Asset Value
$500,000 Estate
Statutory Fee: $13,000 per person ($26,000 total). Typical for a modest condo or suburban home.
$1,000,000 Estate
Statutory Fee: $23,000 per person ($46,000 total). Common for average California single-family homes.
$2,000,000 Estate
Statutory Fee: $33,000 per person ($66,000 total). Typical for many coastal or high-demand area properties.
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California Fee CalculatorFrequently Asked Questions
What is the California probate fee for a $1 million estate?
Under CPC 10810, the statutory fee for a $1 million estate is $23,000 for the attorney and another $23,000 for the executor, totaling $46,000 plus court costs.
Are California probate fees based on equity or gross value?
Statutory fees in California are calculated based on the GROSS value of the estate assets, meaning debts and mortgages are NOT subtracted before calculating the fee.
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