Updated July 26, 2026. Quick answer: California sets probate compensation using a percentage schedule written into statute. The two numbers that decide what an estate actually pays are the fee basis and the small-estate threshold — and whether that threshold reaches real estate, which is where most published guidance goes wrong.
What probate costs in California
| Item | California |
|---|---|
| Fee model | statutory-percentage |
| What the fee is calculated on | Cal. Prob. Code §10810 (attorney) and §10800 (PR) — identical schedules, each computed on gross estate value: 4% of first $100,000; 3% of next $100,000; 2% of next $800,000; 1% of next $9,000,000; 0.5% of next $15,000,000; court-determined reasonable amount above $25,000,000. E.g., $500,000 estate = $13,000 each for attorney and PR. |
| Court filing fee | $435 first-filed petition for letters (Gov. Code §70650, Statewide Civil Fee Schedule); a few counties add local surcharges (~$435-$500). Note each side’s petition triggers the fee. |
| Small-estate threshold | $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. |
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:
| Estate value | Statutory fee |
|---|---|
| $100,000 | $8,000 |
| $250,000 | $16,000 |
| $500,000 | $26,000 |
| $1,000,000 | $46,000 |
| $2,000,000 | $66,000 |
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 only five 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 50 jurisdictions with a stated figure, and sits well above the national median of $51,500. 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.