California Probate Cost 2026: Fees, Filing Fee, and the Small-Estate Route

Updated August 19, 2026. Quick answer: California puts probate fees on a statutory percentage schedule, so the largest single cost is anchored to published numbers rather than to an hourly rate: both the attorney and the personal representative are paid on the same statutory schedule, computed on gross estate value — 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 (Cal. Prob. Code §10810 and §10800), which on a $500,000 estate is $13,000 each. The second number is the small-estate threshold, at or under which an estate skips most of probate: $208,850 for deaths on or after April 1, 2025, by affidavit. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.

What probate costs in California

California probate fees in real dollars

Because California publishes an actual schedule, the fee can be computed rather than estimated. Applying Cal. Prob. Code §10810 (attorney) and §10800 (personal representative) to the gross estate value:

Identical schedules, each computed on GROSS estate value, and the attorney and the personal representative are each entitled to the full amount.

Run any figure, and compare against a second state, with the probate cost calculator.

What is the small estate limit in California?

$208,850 for deaths on/after April 1, 2025 (Cal. Prob. Code §§13100-13101, indexed triennially per §890; was $184,500 for deaths April 2022–March 2025). 40-day wait, personal property. Separately, AB 2016 (2024) allows a simplified §13151 petition for a primary residence up to $750,000 for deaths on/after April 1, 2025. The Judicial Council’s published table under §890 sets the next adjustment for April 1, 2028; figures circulating for an April 1, 2026 increase do not correspond to any adjustment the statute provides for.

This state’s small-estate route can reach real property, subject to the statutory cap shown above. Confirm the cap covers the property’s value before assuming the house passes without full administration.

Full thresholds for every state: small-estate limits by state.

If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in California.

Does a house have to go through probate in California?

Only if the estate is over the cap. California is one of the minority of jurisdictions whose small-estate route can reach real property at all, which makes the cap the number that decides everything. An estate just over it takes a completely different path from one just under, and property values move. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.

How California compares to the other 50

California’s small-estate threshold of $208,850 ranks 2 of 49 jurisdictions with a stated figure, and sits well above the national median of $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, California is one of 7 of 51 jurisdictions using the statutory-percentage approach.

Death taxes in California, separately

California levies neither an estate tax nor an inheritance tax, which is true of 34 jurisdictions. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.

What this does not include

The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.

Before you hire anyone

• Ask which statute the fee is charged under, and get the citation. In California the governing provisions are below.
• Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
• Ask whether the personal representative is also claiming compensation, and on what basis.
• Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.

Primary sources

• Cal. Prob. Code §10810
• Cal. Prob. Code §10800
• Cal. Prob. Code §§13100-13101
• Cal. Gov. Code §70650

California in the rest of the picture

Probate cost is one of four things California decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:

• Every tax California charges a retiree: California retirement taxes
• What a move out is worth: leaving California
• Corridor comparison: California To Arizona
• Corridor comparison: California To Florida
• Corridor comparison: California To Idaho
• Corridor comparison: California To Nevada

Compare and calculate

Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.

Cite or share this guide: “California Probate Cost (2026),” statute-cited; clearmoneyguide.com/california-probate-cost/. Free to cite with attribution.