How Much Does a Probate Attorney Cost in California?

By Maksim Lamash, Malibu · Updated October 2026

If you are settling an estate in California, one of the first questions is what the probate attorney will charge. Unlike many states, California sets the baseline for attorney compensation in the Probate Code, which makes the cost more predictable than most families expect. The statute still has details that change the final number: the fee is calculated on gross estate value, the personal representative earns a separate fee on the same schedule, and extraordinary work can be added with court approval. This guide explains how the numbers work, what drives cost, and when the standard figures do not tell the whole story.

The Statutory Fee Schedule for Ordinary Services

For ordinary services, Probate Code §10810 sets the compensation of the attorney for the personal representative based on the value of the estate accounted for in the probate. The schedule is tiered:

• 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
• 0.5% on the next $15,000,000
• For amounts above $25,000,000, a reasonable amount determined by the court

Probate Code §10800 sets the same tiers for the personal representative’s own compensation for ordinary services. The attorney’s fee and the personal representative’s fee are calculated separately, so a family should expect to see two statutory calculations in the probate filings rather than one.

What the Schedule Means in Dollars

The table below shows the attorney fee on ordinary services for common gross estate values. These are the statutory amounts only.

Gross estate value	Attorney fee on ordinary services
$500,000	$13,000
$750,000	$18,000
$1,000,000	$23,000
$2,000,000	$33,000
$5,000,000	$63,000
$10,000,000	$113,000

These figures do not include court filing fees, appraisal costs, publication costs, or extraordinary fees. The personal representative’s separate statutory fee is also not included.

Why Gross Value Matters More Than Equity

The fee is based on the gross value of the estate, not the net. Probate Code §10810(b) provides that the value is determined without reference to encumbrances or other obligations on estate property. A mortgage, a home equity line, or unpaid bills does not reduce the fee base.

Consider a home appraised at $1,500,000 with a $1,000,000 mortgage, and no other significant probate assets. The equity is $500,000, but the fee base is $1,500,000. On ordinary services, the attorney fee is $23,000 on the first $1,000,000 plus $5,000 on the remaining $500,000, for a total of $28,000. Calculated on equity alone, the figure would have been $13,000. That gap is why many families are surprised by probate bills.

What Drives Cost Beyond the Statute

The statutory schedule covers ordinary administration, such as inventorying assets, giving required notices, paying valid debts, filing tax returns, and distributing property. Several factors push the total above the ordinary amount or make the work take longer:

• Complex assets, including business interests, rental properties, stock options, digital assets, or real estate in another state
• Disputes, such as will contests, creditor claims, or disagreements among beneficiaries
• Tax work, including estate and income tax returns and valuation of assets for basis purposes
• Real property sales, including listing, negotiating, escrow, and court confirmation
• Missing or disorganized records, which lengthen the inventory and accounting process
• Ancillary probate, which may be needed when property sits in a state other than California

Extraordinary Fees: What Changes and What Needs Approval

Probate Code §10811 allows the court to award additional compensation for extraordinary services by the attorney for the personal representative, in an amount the court finds just and reasonable. Examples include litigation, tax controversies, real property sales, operating or selling a business held by the estate, and proceedings in another jurisdiction. Paralegal time on extraordinary work can be included when it is performed under an attorney’s direction and supervision, and the petition must set out the hours spent and services performed.

Extraordinary fees are not automatic. The attorney must ask the court, show the work was necessary and the time was reasonable, and the judge decides. Interested persons receive notice of the request and may object if the amount or the justification appears unsupported. That review step is one of the most useful checkpoints for beneficiaries.

When Fees Can Differ From the Schedule

For ordinary services, the statutory amount is the baseline, and private agreements cannot push it higher. Under Probate Code §10813, an agreement between the personal representative and the attorney for higher compensation than the statute provides is void.

A will can also address attorney compensation. Under Probate Code §10812, if the will makes provision for the attorney’s compensation, that provision is generally the full and only compensation for the attorney’s services, unless the personal representative or the attorney petitions the court to be relieved of it, with notice to the required persons.

Attorneys may also quote a flat fee for defined work or bill hourly for certain services. Under Business and Professions Code §6148, when total expense is reasonably foreseeable to exceed $1,000, the fee agreement must be in writing. It must state the basis of compensation, whether hourly rates, statutory fees, or flat fees, and both sides must sign it, with a duplicate copy provided to the client. Because §10813 limits higher compensation for ordinary services, compare any proposed flat fee against the statutory figure for your estate before you agree.

Small Estate Alternatives

Not every estate needs a full court probate. California offers several simpler routes, depending on what the decedent owned:

• Small estate affidavit (Probate Code §13100). A successor may collect certain items without letters of administration when the gross value of the decedent’s real and personal property in California is under the statutory threshold and at least 40 days have passed since death. The threshold is adjusted periodically under Probate Code §890, so confirm the current figure before relying on it. The affidavit is generally used for personal property such as bank accounts and vehicles, not real estate.
• Primary residence (Probate Code §13150). A streamlined petition may transfer a decedent’s primary residence when conditions are met, including that no probate proceeding is pending or has been conducted, or that the personal representative consents in writing.
• Revocable living trust. Property titled in a funded revocable trust generally passes outside probate. Trust administration still takes work, but it is not billed under the court probate schedule in §10810. Fees for trust work are typically set by a separate written agreement.
• Joint tenancy and beneficiary designations. Joint tenancy property, certain multiple-party accounts, and assets with designated beneficiaries generally pass by operation of law. Probate Code §13050 excludes those assets from the estate value used in the small-estate analysis.
• Spousal property petition (Probate Code §13500). A surviving spouse may be able to receive certain property without full administration when the statutory requirements are met.

Which route fits depends on the asset list, the title on each asset, and whether there is a dispute. A short review of the documents usually shows whether a smaller process is possible.

Questions to Ask Before You Hire a Probate Attorney

• Which assets are actually in the probate estate, and which pass outside probate?
• Is the proposed fee the statutory amount, a flat fee for defined work, or hourly billing?
• What extraordinary work is likely, and would it require court approval?
• Will the fee agreement be in writing, and does it state the basis of compensation?
• Could a trust, affidavit, or other procedure reduce the probate work?

How Lamash Legacy Law Approaches Fees

At Lamash Legacy Law, the Malibu office explains the statutory amount for your estate, identifies where extraordinary fees are likely, and puts the fee arrangement in writing before substantial work begins. Our probate administration services cover the full court process, and our California probate attorney page describes how we serve clients across the state from Malibu. Families in the Malibu area and in Los Angeles County can also meet with us in person.

If you are not sure whether your estate needs full probate, start with the questions above. Our FAQ page answers common questions about timing, costs, and the probate process.

Talk With a Malibu Probate Attorney

If you want to discuss your estate, the likely statutory fee under §10810, and whether a smaller process could apply, call (424) 355-5565 or visit our contact page. We will review the assets and the fee structure with you so you can decide with the numbers in front of you.

This article is general information about California probate law, not legal advice. Statutory amounts and thresholds change, so confirm current figures before relying on them. Reading this article does not create an attorney-client relationship.

About the Author

Maksim Lamash is a California and Florida licensed attorney focused on probate, trust, and inheritance matters. He earned his J.D. from Pepperdine University School of Law and serves clients in English from the Malibu office of Lamash Legacy Law.