How Much Does a Probate Attorney Cost in California?

California is one of the few states that sets probate attorney fees by statute. This means the basic fee structure is predictable — it’s written into the Probate Code. But there are important nuances that can affect what you actually pay.

Statutory Fee Schedule

Under California Probate Code §10810, both the attorney and the personal representative are entitled to compensation based on the gross value of the estate:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000
• A reasonable amount determined by the court for estates exceeding $25,000,000

What Does This Look Like in Practice?

Here’s what the statutory fees come to for common estate sizes:

• $500,000 estate: $13,000 attorney fee
• $750,000 estate: $18,000 attorney fee
• $1,000,000 estate: $23,000 attorney fee
• $2,000,000 estate: $33,000 attorney fee
• $5,000,000 estate: $63,000 attorney fee

These fees are based on the gross value of the estate — not the net value. Mortgages, liens, and other debts are not subtracted when calculating the fee. A home worth $1.5 million with a $1 million mortgage is valued at $1.5 million for fee purposes.

Extraordinary Fees

Beyond statutory fees, attorneys may request extraordinary fees for services that go beyond routine administration. These include:

• Litigation (will contests, creditor disputes, beneficiary disputes)
• Tax matters (estate tax returns, income tax planning)
• Real property sales (negotiating, court confirmation, escrow)
• Operating or selling a business owned by the estate
• Dealing with out-of-state assets (ancillary probate)

Extraordinary fees must be approved by the court. The attorney must demonstrate that the work was necessary, the time spent was reasonable, and the fees are fair. You have the right to object to extraordinary fee requests.

What About Flat Fees or Hourly Rates?

Some attorneys offer flat-fee arrangements for simple estates, or bill hourly for specific services. These arrangements are permitted as long as the client agrees in writing. However, the statutory fee schedule remains the default — and often the most predictable option.

How to Avoid Billing Surprises

• Ask about fees upfront — before you hire, understand the statutory fees for your estate size and whether extraordinary fees are likely.
• Get a written fee agreement — California requires attorneys to provide written fee agreements for matters expected to exceed $1,000.
• Request regular billing updates — don’t wait until the end to learn about extraordinary charges.
• Understand what “gross value” means — fees are based on total asset value, not equity.

My Approach to Fees

I believe in transparent billing. Before we begin, I explain exactly what the statutory fees will be for your estate, whether extraordinary fees are likely based on the complexity of your case, and what triggers additional charges. No surprises. No mystery invoices. You’ll understand every line item.

Schedule a consultation or call (424) 355-5565 to discuss your case.