What is Probate?

Probate is the Court-supervised process of appointing a personal representative of a decedent’s estate, notifying creditors, settling debts and creditor claims, and distributing remaining assets to beneficiaries or heirs. 

1. Statutory Probate Fees – How Attorney and Personal Representative Costs Are Calculated

California law sets mandatory fee tiers for ordinary services based on the gross value of the estate (not net after debts):

  • 4% of the first $100,000.00
  • 3% of the next $100,000.00
  • 2% of the next $800,000.00
  • 1% of the next $9,000,000.00
  • 0.5% of the next $15,000,000.00
  • Over $25M, a reasonable fee set by the Court

Both attorney fees and the personal representative compensation follow this formula. For example, a $1.5M estate results in a respective $28,000.00 statutory fee to the attorney and the personal representative, as follows:

4% of the first $100,000.00$4,000.00
3% of the next $100,000.00$3,000.00
2% of the next $800,000.00$16,000.00
1% of the next $9,000,000.00$5,000.00
Total Statutory Fee:$28,000.00

2. Ancillary Probate Costs: Beyond Statutory Fees

In addition to attorney and personal representative compensation, estates must cover:

  • Court filing fees
  • Publication and service costs
  • Probate referee fees
  • Administrative costs

These charges can add $1-3K before distributions begin.

3. Alternative Attorney Fee Structures

Some attorneys offer arrangements aside from statutory percentage fees for extraordinary services that fall out of standard probate procedure such as hourly rates and flat fees.

4. Ways to Minimize Probate Costs

To reduce probate fees and simplify estate settlement:

  • Create revocable living trusts and pour-over wills – assets funded into the trust bypass probate and any remaining assets pass via pour-over will
  • Hold assets in joint tenancy with right of survivorship or payable-on-death (POD)/transfer-on-death (TOD) designations
  • Make sure you have beneficiary designations on all of your financial accounts
  • Keep the value of probate assets below the small estate threshold ($184,500.00 as of 2025)

These strategies preserve privacy and more of the estate for beneficiaries while avoiding public court proceedings. 

5. Frequently Asked Questions

Q: What is the average probate cost for a $1M estate?

A: Roughly $40-$70K total (including statutory fees and administrative and court charges)

Q: Who pays for probate costs in California?

A: All-probate related fees are paid from the estate itself before distributing remaining assets to the heirs.

Q: Can you avoid probate entirely?

A: Yes, for many estates by using trusts, beneficiary designations, joint accounts, and transfer-on-death strategies. 

Final Thoughts

California probate proceedings involve statutory percentages tied to the estate’s gross value plus court and administrative expenses and results in tens of thousands of dollars. However, smart use of wills and trusts, beneficiary designations, and proper estate planning strategies can reduce both cost and time. Anyone who owns real estate in California needs a living trust.  

If you or a loved one needs guidance navigating the probate process or developing an estate plan that avoids unnecessary costs, contact T.S. Wrobel Law Group, PC today at (415) 928-4161 or via email at thomas@tswrobel.law.