The Cost of a Probated Estate

Statutory Fee and Commission

gross fair market value of the estate without deducting for debts of the estate, are calculated as follows:

Estates of $100,000 or less: 4% of the estate
Estates of $100,001 - $200,000 $4,000 plus 3% of the amount over $100,000
Estates of $200,001 - $1,000,000 $7,000 plus 2% of the amount over $200,000
Estates of $1,000,001 - $10,000,000 $23,000 plus 1% of the amount over $1,000,000
Estates of $10,000,001 - $25,000,000 $113,000 plus 1/2% of the amount over $10,000,000
Estates of over $25,000,000 A reasonable amount to be determined by the court
See California Probate Code section 10810 [Eff. 1/1/2001]
  • The Executor and the Attorney are each entitled to this amount.
  • If extraordinary services are performed, the Probate Court may grant additional fees.
  • All fees are subject to the approval of the Probate Court.

Court Filing Fees

There is a $50 to lodge a will with the court; this is required, even if there is not going to be a probate.  After that, the filing fee required to pay the court to open a probate proceeding is $465.  Along the way, there may be additional filing fees.  Finally, at the end of the proceeding, there will be another $465 fee for the final petition for distribution.

Other Costs

Other expenses typically associated with a probated estate are a bond (if one is required by the court), probate referee fees, notice publication fees, appraisal of real property, and valuation of stocks or mutual funds.