California sets probate attorney fees by statute, so the price is the price and nobody negotiates it. On a $1,000,000 estate it is $23,000 to the attorney, and another $23,000 to the executor, who is entitled to the identical amount.
The part that shocks people is the base it is calculated on. Gross value, before the mortgage.
The schedule
Probate Code section 10810 sets it out as a sliding scale on the gross value of the probate 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
What that looks like in dollars
| Gross estate | Attorney fee | Executor fee | Combined |
|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
The executor's fee is often waived when the executor is also a beneficiary, since taking it creates taxable income where an inheritance would not. But it is available, and in a family where one sibling does all the work and the others do nothing, they sometimes take it. That decision has caused more than one argument in my conference room.
The mortgage does not count
The fee runs on gross value, not on your equity. A house in Culver City worth $1,200,000 with $700,000 still owed is a $1,200,000 probate, not a $500,000 one. Two families a year hear that from me and go quiet for a moment. It is the most expensive misunderstanding in California estate law.
The costs on top of the fees
- Court filing fees, set by the court and payable at several stages
- Newspaper publication of the notice, which is required
- A probate referee to appraise non-cash assets, compensated by statute on a percentage of appraised value
- A bond, unless the will waives it or the beneficiaries agree, and the premium scales with the estate
- Certified copies, recording fees, and the miscellany that adds up to a few hundred dollars
Extraordinary services, meaning work beyond ordinary administration such as selling real property through the court or defending litigation, can be compensated on top of the statutory fee. That requires a petition and a judge's approval, and it is not automatic.
How long it takes
In Los Angeles, plan on a year at minimum from filing to distribution, and longer is common. Anyone who tells you six months is either unusually lucky or not counting from the right date. Assets are frozen for most of that period, which matters when a beneficiary needs money.
The procedures that let you avoid all this
Not every estate needs a full probate. Since April 1, 2025, under AB 2016, a primary residence valued up to $750,000 can pass through a simplified procedure rather than a full administration. Separately, a small estate affidavit is available for other assets under $184,500, a figure that is inflation-adjusted, and it is a form rather than a court case.
That means a meaningful number of modest estates in this county do not need what the statute describes. Check the value before you assume you are looking at a $26,000 problem.
“I do probates. It is real work and the fee is set by the legislature, not by me. But I would rather sell you a $2,900 trust than a $23,000 probate, and if you are reading this while a parent is still alive, that is the entire point of this page.”
Delia Vasquez-HartQuestions we get asked
Can I negotiate the statutory fee down?
The statute sets the maximum for ordinary services. An attorney can agree to less, and few do, because the fee also has to cover the cases that go sideways.
Does a will avoid probate?
No. A will is instructions for a probate. Only assets that pass by trust, by beneficiary designation, by joint tenancy, or through one of the small estate procedures skip the court.
Who pays the fees, me or the estate?
The estate, at the end of the case, on court approval. You are generally not writing a check up front, though costs like filing fees often get advanced.
What if the estate is mostly a house with a big mortgage?
You still pay on gross value. That is the case where a trust would have saved the most, and the case where families are most frustrated to learn the rule.
Next step
Get the gross value of the assets held in the decedent's individual name, before debts, and run it against the table above. If it lands under the small estate or primary residence thresholds, bring that number to a free 45-minute consultation and we will look at the simplified route. Call (310) 555-0219.