When a house goes through probate in California, many families are surprised by what it costs. The largest charges aren’t hourly bills. They’re fees set by state law as a percentage of the estate’s value, and they’re based on the house’s full value, not the equity left after the mortgage.
A $900,000 house with a $600,000 loan is treated as a $900,000 asset for fee purposes.
This page covers:
- how California’s statutory probate fees work,
- the other costs every probate estate pays,
- what selling the house adds,
- who pays and when, and
- the legitimate ways families reduce the total.
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California Probate Costs and Real-Estate Fees
Prefer to listen? This short audio summary explains the costs that may arise when a California probate estate includes real property. Learn about court filing fees, publication, probate-referee appraisals, bonds, attorney and personal-representative compensation, taxes, insurance, maintenance, and other administration expenses.
The audio also reviews possible property-sale costs, including repairs, commissions, escrow, title, mortgage and lien payoffs, and ongoing holding expenses. Listen to the overview below, then read the complete guide for additional information about estimating California probate costs and the net proceeds from a real-estate sale.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: California probate costs, fees, and real-estate sale expenses
Quick Answer
- Statutory fees: The personal representative and the estate’s attorney are each entitled to a fee set by Probate Code §10810:
- 4 percent of the first $100,000,
- 3 percent of the next $100,000,
- 2 percent of the next $800,000,
- 1 percent of the next $9 million, and
- 0.5 percent of the next $15 million.
- The mortgage doesn’t reduce the fee. Fees are calculated on the gross value of estate property, generally without subtracting mortgages or other debts.
- Example: On a $1,000,000 estate, the ordinary statutory fees total about $46,000: $23,000 to the representative and $23,000 to the attorney.
- Other costs:
- court filing fees, commonly $435 for the initial petition,
- the probate referee’s appraisal fee, 0.1 percent of appraised non-cash assets with a $75 minimum and $10,000 maximum,
- newspaper publication, and
- bond premiums if required.
- Extra work can cost more. Additional “extraordinary” fees require court approval.
- Selling the house adds its own costs: commissions if listed, escrow and title, transfer taxes, repairs, and months of carrying costs.
- The estate pays these costs, not the heirs out of pocket, though someone often has to advance early filing costs.
How Statutory Fees Are Calculated
California sets the ordinary compensation for both the personal representative (the executor or administrator) and the estate’s attorney by statute. Each is calculated on the same sliding scale:
| Portion of estate value | 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 | A reasonable amount set by the court |
What “Estate Value” Means
The fee base is called the “estate accounted for.” It generally includes:
- the inventory and appraisal value of the estate’s property,
- plus income the estate receives, such as rent,
- plus gains on sales,
- minus losses on sales.
It does not subtract mortgages, liens, or other debts. If the house sells for more than its appraised value, the gain increases the fee base slightly. If it sells for less, the loss reduces it.
Why the Mortgage Doesn’t Count
This is the part that frustrates families most. The law measures the size of the job by the value of the property being administered, not by what the heirs will net. A house worth $900,000 requires the same court process whether it’s owned free and clear or carries a large loan.
The practical result is that highly leveraged estates can pay fees that are large compared with the equity. A realistic budget should account for this.
Worked Examples
These examples show ordinary statutory fees only. They don’t include court costs, sale costs, or extraordinary fees.
| Gross estate value | Representative’s fee | Attorney’s fee | Combined |
|---|---|---|---|
| $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 |
How the $1,000,000 figure is calculated, for each role:
- 4 percent of the first $100,000 = $4,000
- 3 percent of the next $100,000 = $3,000
- 2 percent of the next $800,000 = $16,000
- Total: $23,000 per role
Example: A House With a Mortgage
A Southern California estate includes only a house appraised at $900,000, with a $600,000 mortgage.
- Fee base: $900,000, because the mortgage isn’t subtracted
- Each role’s fee: $4,000 + $3,000 + $14,000 = $21,000
- Combined statutory fees: $42,000
- Equity before sale costs: $300,000
In this example, statutory fees alone take about 14 percent of the equity. Sale costs and carrying costs reduce it further.
Extraordinary Fees
Statutory fees cover “ordinary” services. When the representative or attorney does work beyond the routine, either can ask the court for additional compensation for extraordinary services. Examples include:
- litigation, such as will contests or disputes among heirs,
- handling a sale of real property, especially with court confirmation,
- tax matters beyond the ordinary, and
- operating a business or managing complex property.
Extraordinary fees aren’t automatic. They require a petition, notice to interested persons, and court approval. Heirs can object. Ask the estate’s attorney at the start which tasks they expect to treat as extraordinary.
Court and Administrative Costs
These are smaller than the statutory fees but real, and some must be paid early.
- Filing fees. The initial petition for probate commonly costs $435, and the petition for final distribution a similar amount. Other petitions and objections have their own fees.
- Certified copies of Letters. Banks, title companies, and escrow each want certified copies. There’s a fee per copy.
- Probate referee. A court-appointed referee appraises the estate’s non-cash assets, including real estate. The fee is 0.1 percent of the appraised value, with a $75 minimum and $10,000 maximum per estate, plus expenses. On a $900,000 house, the referee’s fee is about $900.
- Publication. Notice of the probate petition must be published in a newspaper. Costs vary by county and newspaper, often a few hundred dollars or more.
- Bond premiums. If the will doesn’t waive bond and the heirs don’t waive it, the representative may need a surety bond. The annual premium is typically a small percentage of the bond amount. For a nonresident representative, the court may require a bond even when the will waives it.
- Accounting and tax preparation. Estates may need to file income tax returns for income earned during probate, such as rent or interest. A tax professional’s fees are an estate expense.
Costs of Selling the House During Probate
If the estate sells the property, add these costs.
Commissions (if Listed)
Real estate commissions are negotiated in a traditional listing. In a sale that goes through court confirmation, the court approves the commission, and the split can change if an overbidder’s agent is involved. A direct sale to a buyer usually has no listing commission, though the price may be lower.
Escrow, Title, and Recording
These are standard closing costs. They vary by price and by who pays what under the contract.
Documentary Transfer Taxes
California counties charge a documentary transfer tax on sales. Some cities add their own tax on top. In the City of Los Angeles, high-value sales are also subject to Measure ULA’s additional transfer tax above certain price thresholds, which adjust over time. Your escrow officer can calculate the transfer taxes for your property’s city.
Repairs, Cleanout, and Preparation
Cleanout, basic repairs, and staging come out of estate funds. Our page on how to handle repairs before selling a probate house covers budgeting and records.
Carrying Costs
Carrying costs run every month the house is held:
- property taxes, which can include supplemental bills if the property is reassessed after the death,
- homeowners or vacant-property insurance,
- utilities and maintenance,
- mortgage payments and interest, and
- HOA dues.
On a slow probate, carrying costs can rival the statutory fees. Our page on what happens to the mortgage on a probate property covers mortgage payments during probate.
Extraordinary Fees Tied to the Sale
As noted above, a real property sale, especially one requiring court confirmation, may support a request for extraordinary compensation. Ask about this before listing.
Who Pays, and When
The estate pays. Probate costs are expenses of administration, paid from estate assets. Heirs don’t pay them personally, but the costs reduce what the heirs ultimately receive.
Timing varies by cost:
- Filing fees and publication are due at the start, before the estate may have access to any money. A family member often advances them and is reimbursed later.
- The referee’s fee is paid during administration.
- Sale costs are paid through escrow at closing.
- Statutory fees are usually paid near the end of probate, with court approval, often as part of the final distribution order. Courts can allow partial payments earlier in some cases.
Heirs have a say. Fee requests are presented to the court with notice to the heirs, who can review and object.
Ways to Reduce Probate Costs
Some costs are fixed. Others can be managed.
Check whether full probate is required. Some estates qualify for simplified procedures, including a court petition for certain primary residences and procedures for smaller estates. The dollar limits change periodically. See whether all estates go through probate in California.
Consider whether the representative will waive their fee. A family member serving as executor can decline the statutory fee, which is common when the representative is also the main heir. Fees a representative receives are generally taxable income, while inheritances usually aren’t, so some family representatives prefer to waive. Ask a tax professional.
Talk to the attorney about the fee arrangement early. The statute sets the ordinary fee. Ask up front how the attorney bills, what they’d treat as extraordinary, and whether any part of the work could be handled differently.
Request full IAEA authority. Full authority under the Independent Administration of Estates Act lets the representative sell without a confirmation hearing, if no heir objects. That can save time and reduce extraordinary fees tied to court confirmation.
Keep the heirs aligned. Disputes are the fastest way to increase costs. Clear communication, independent appraisals, and written agreements prevent many of them. See what happens if an heir refuses to sell.
Control carrying costs. Once the representative has authority, a sale that doesn’t wait months longer than necessary reduces taxes, insurance, interest, and maintenance.
Compare sale options honestly. A traditional listing may bring a higher price but involves commissions, repairs, and more time. A direct as-is sale may bring a lower price with fewer costs and a shorter timeline. Compare net proceedsafter all costs, not just the sale price.
Probate Costs vs. Trust Administration Costs
Property held in a living trust generally isn’t subject to probate’s statutory fees, referee fees, or court filing fees. Trustees and attorneys are paid reasonable compensation instead, often less for simple estates. Our page on probate property vs. trust property in California compares the two paths.
A Southern California Example
This example is hypothetical, with figures rounded.
A father dies owning a home in Long Beach appraised at $850,000, with a $250,000 mortgage, plus $50,000 in a bank account. His will names his daughter as executor and leaves everything equally to his two children. The house is in his individual name, so it goes through probate.
Estimated probate costs:
- Gross estate: $900,000
- Statutory attorney fee: $21,000
- Statutory executor fee: $21,000 (she later decides to waive it)
- Filing fees for the initial and final petitions: about $870
- Probate referee, on the $850,000 house: about $850
- Publication and certified copies: a few hundred dollars
Selling the house through a traditional listing adds commissions, escrow and title, transfer taxes, basic repairs and cleanout, and about six months of property taxes, insurance, utilities, and mortgage payments.
By waiving her executor fee, requesting full IAEA authority, and keeping her brother informed at every step, she avoids $21,000 in fees, a confirmation hearing, and any dispute. The attorney’s statutory fee and the sale costs still apply.
How EZ Casa Buyer Can Help
Many representatives want to compare net proceeds before choosing how to sell. We can provide a written as-is offer so you can see, side by side, what a direct sale might leave the estate after costs compared with a traditional listing.
A typical process looks like this:
- You tell us about the property and where probate stands.
- We review the property and the estate’s situation.
- We may visit the property or ask for more information.
- If the property fits what we buy, we prepare a written offer.
- You compare it against listing estimates with your attorney and the heirs, without pressure.
- If accepted, the sale follows the Notice of Proposed Action or court confirmation process.
- We coordinate closing around the probate timeline.
If a traditional listing is likely to net the estate more, we’ll tell you.
Request a Property Review
Frequently Asked Questions
How much does probate cost in California?
Ordinary statutory fees alone are about $26,000 on a $500,000 estate and $46,000 on a $1,000,000 estate, split between the representative and the attorney. Court costs, referee fees, publication, and sale costs are additional.
Are probate fees based on the equity or the full value of the house?
The full value. Fees are generally calculated on the gross value of estate property without subtracting mortgages or other debts.
Who pays probate fees?
The estate pays them from estate assets, which reduces what the heirs receive. Someone often has to advance the early filing and publication costs and is reimbursed later.
When are the attorney and executor paid?
Usually near the end of probate, with court approval. Courts can allow partial payments earlier in some cases.
What are extraordinary fees?
Additional compensation for work beyond routine administration, such as litigation or certain real property sales. They require a court petition and approval, and heirs can object.
How much is the probate referee’s fee?
One-tenth of one percent of the value of the non-cash assets the referee appraises, with a $75 minimum and $10,000 maximum per estate, plus expenses.
Can the executor waive their fee?
Yes. Family executors often do, especially when they’re also heirs. A tax professional can explain the tax difference between taking a fee and receiving an inheritance.
Does selling the house during probate increase costs?
It adds sale costs such as commissions if listed, escrow, title, and transfer taxes. It can also support extraordinary fee requests. Selling can also reduce carrying costs and simplify distribution.
Is a trust cheaper than probate?
Often, for property properly held in the trust, because trusts avoid statutory fees and court costs. Actual costs depend on the trust and any disputes.
Can probate fees be avoided entirely?
Sometimes, if the property passes outside probate or qualifies for a simplified procedure. Otherwise, the statutory framework applies, though the representative can waive their share.
Where to Go From Here
Probate costs are predictable once you know the estate’s gross value and whether a sale is involved. Build a budget early, include carrying costs, and compare net proceeds for each selling option before choosing one.
For the probate process itself, see the California probate process for real property. To start the sale, see how to sell an inherited house in probate.
When you’d like a written as-is number to compare against your listing estimates, we’re here.