How Much Does Probate Cost in California? The Complete Fee Breakdown (2026)

California probate fees are calculated using a statutory formula that most families don't discover until they're already in the process — and the numbers are often shocking. Here's the complete breakdown of every cost you'll encounter in a California probate, updated for 2026.

The Statutory Attorney and Executor Fee Formula

California Probate Code Section 10810 sets the statutory fees for both the attorney and the executor (personal representative) based on the gross value of the estate — not the net value after debts. This distinction is critical: if a home is worth $500,000 but has a $300,000 mortgage, the fee is calculated on $500,000, not $200,000. The statutory fee schedule is: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% of the next $9 million; 0.5% of the next $15 million. Both the attorney AND the executor are each entitled to this fee — meaning the total statutory fees are double the schedule above.

Example: $450,000 Fresno Home

For a $450,000 home (the approximate median in Fresno): Attorney fee = (4% × $100,000) + (3% × $100,000) + (2% × $250,000) = $4,000 + $3,000 + $5,000 = $12,000. Executor fee = same $12,000. Total statutory fees = $24,000. This is before court costs, appraisal fees, publication costs, and any "extraordinary" fees for complex work. On a $450,000 home with a $250,000 mortgage, the net equity is $200,000 — and $24,000 in statutory fees represents 12% of that equity.

Court Filing Fees

Court filing fees in Fresno County: Initial petition filing = $435 (estates under $250,000) or $1,435 (estates over $250,000). Each subsequent petition (inventory, final distribution, etc.) = $435. Total court fees for a standard probate: $1,500–$3,000.

Probate Referee Appraisal Fee

The court-appointed Probate Referee charges 0.1% of the appraised value of the assets they appraise. On a $450,000 home: $450. This is a minor cost but required by law.

Publication Costs

The Notice to Creditors must be published in a local newspaper for 4 consecutive weeks. In Fresno, this typically costs $200–$400 depending on the publication.

Extraordinary Fees

In addition to statutory fees, attorneys and executors can petition the court for "extraordinary fees" for work beyond the standard scope — contested claims, tax issues, property management during administration, litigation, or complex asset sales. These fees are approved by the court and can add thousands to the total cost.

Total Cost Estimate for a Typical Fresno Probate

For a $450,000 home with no complications: statutory attorney fees $12,000 + statutory executor fees $12,000 + court fees $2,000 + probate referee $450 + publication $300 + miscellaneous $500 = approximately $27,250. If the executor waives their fee (common when a family member serves as executor), total costs drop to approximately $15,250. These costs are paid from estate assets before distribution to heirs.

How to Reduce Probate Costs

The most effective ways to reduce probate costs: (1) Have the executor waive their statutory fee — family members often do this. (2) Use a probate attorney who charges a flat fee rather than the full statutory rate. (3) Sell the property quickly to reduce carrying costs during administration. (4) Consider whether a simplified procedure (like AB 2016 for surviving spouses) applies. We can connect you with experienced Fresno probate attorneys who offer flat-fee probate services. Call (559) 281-8016.