California calculates probate fees on the gross value of the estate — not the net equity. On a $900,000 home with a $700,000 mortgage, you pay fees on $900,000.
California Probate Code Section 10810 sets attorney and executor fees as a percentage of the gross value of the estate — not the net equity, not the fair market value minus debt. The gross value. This single statutory provision makes California probate the most expensive in the nation for homeowners.
California Probate Code Section 10810 sets attorney and executor fees as a percentage of the gross value of the estate — not the net equity, not the fair market value minus debt. The gross value. This single statutory provision makes California probate the most expensive in the nation for homeowners carrying mortgages.
The fee schedule: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000. These percentages apply to both the attorney and the executor — meaning the total statutory fee is doubled. On a $1,000,000 estate, the statutory attorney fee is $23,000 and the statutory executor fee is $23,000 — a combined $46,000 before court costs, publication fees, probate referee fees, and appraisal costs.
"A $900,000 home with a $700,000 mortgage generates California probate fees calculated on $900,000 — not $200,000. The mortgage does not reduce the fee base. This is California law."
Los Angeles County is the largest probate jurisdiction in the United States, processing 19,046 probate cases annually. The court operates out of the Stanley Mosk Courthouse in downtown Los Angeles, with probate matters heard in dedicated departments. The court's clearance rate — the ratio of cases closed to cases filed — is 83.5%, meaning the court is not keeping pace with incoming filings. Cases accumulate. Hearings are scheduled months out. The median timeline for an uncontested probate in Los Angeles County is 12–18 months.
For a $1,000,000 estate in Los Angeles County, the total cost of probate — including statutory fees, court costs, publication, probate referee, and carrying costs on real property — typically runs $50,000 to $80,000. For a $2,000,000 estate, the total cost typically runs $80,000 to $130,000.
California's probate system is expensive and slow. But it is also highly avoidable with proper planning. The primary avoidance tools:
California Statutory Probate Fees — Combined Attorney + Executor (Probate Code §10810)
| Estate Gross Value | Attorney Fee | Executor Fee | Combined Statutory Fees | Additional Costs (est.) | Total Estimated Cost |
|---|---|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 | $4,000–$8,000 | $30,000–$34,000 |
| $750,000 | $18,000 | $18,000 | $36,000 | $6,000–$12,000 | $42,000–$48,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 | $8,000–$15,000 | $54,000–$61,000 |
| $1,500,000 | $33,000 | $33,000 | $66,000 | $10,000–$20,000 | $76,000–$86,000 |
| $2,000,000 | $43,000 | $43,000 | $86,000 | $12,000–$25,000 | $98,000–$111,000 |
| $3,000,000 | $63,000 | $63,000 | $126,000 | $15,000–$30,000 | $141,000–$156,000 |
All data and legal citations are sourced from publicly available government records, court statistics, academic surveys, and legal statutes. This article is for informational purposes only and does not constitute legal advice.
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