California Probate Fees (PC §10800 / §10810)

The short version

In a California probate, the personal representative (executor or administrator) and the personal representative’s attorney are each entitled to “statutory” compensation for ordinary services. Both are figured on the same sliding scale, set by Probate Code §10800 for the personal representative and §10810 for the attorney. When both are paid, the estate pays the scale amount twice.

The statutory schedule

Portion of the estate accounted for	Rate	Maximum on that portion	Running total
First $100,000	4%	$4,000	$4,000
Next $100,000 (to $200,000)	3%	$3,000	$7,000
Next $800,000 (to $1,000,000)	2%	$16,000	$23,000
Next $9,000,000 (to $10,000,000)	1%	$90,000	$113,000
Next $15,000,000 (to $25,000,000)	0.5%	$75,000	$188,000
Above $25,000,000	“A reasonable amount to be determined by the court”

Amounts shown are for one recipient. Double them when both the attorney and the personal representative take statutory compensation.

Examples

Fee base	Attorney (§10810)	Personal rep. (§10800)	Both
$250,000	$8,000	$8,000	$16,000	Open in calculator
$500,000	$13,000	$13,000	$26,000	Open in calculator
$750,000	$18,000	$18,000	$36,000	Open in calculator
$1,000,000	$23,000	$23,000	$46,000	Open in calculator
$1,500,000	$28,000	$28,000	$56,000	Open in calculator
$2,000,000	$33,000	$33,000	$66,000	Open in calculator
$3,000,000	$43,000	$43,000	$86,000	Open in calculator
$5,000,000	$63,000	$63,000	$126,000	Open in calculator
$10,000,000	$113,000	$113,000	$226,000	Open in calculator

What the fee base is (and why the mortgage doesn’t count)

The statutes base compensation on the “value of the estate accounted for by the personal representative.” That means the inventory and appraisal value of the probate property, plus gains over appraisal on sales, plus receipts, minus losses from appraisal on sales, all “without reference to encumbrances or other obligations on estate property” (PC §10800(b), §10810(b)).

• Mortgages and liens do not reduce the base. A $1,000,000 house with a $700,000 loan counts as $1,000,000.
• Non-probate assets are generally left out. Trust property, joint tenancy, and accounts with a named beneficiary usually pass outside probate and are not part of the probate inventory.
• A sale above the appraised value raises the base. A sale below it lowers the base.

What the schedule does not cover

• Extraordinary services. The court may allow extra compensation for work beyond ordinary administration, such as litigation or tax matters (§10801 for the personal representative, §10811 for the attorney). It must be requested and approved.
• Court costs and other expenses. Filing fees (a first petition for letters is $435 under the 2026 statewide schedule), publication, the probate referee’s commission (generally 0.1% of the value appraised, $75 minimum, per §8961 and §8963), bond premiums, and sale costs are separate.
• Trust administration. A trust settled outside probate does not use this schedule. Trustee compensation is set by the trust document or is otherwise “reasonable.”

Other rules worth knowing

• An agreement to pay the attorney more than the statutory amount is void (PC §10813).
• If the will sets the personal representative’s compensation, that provision generally controls, unless the court grants relief (PC §10802).
• Family members serving as executor often waive their fee, especially when they are also heirs.

Common questions

How are probate attorney fees calculated in California?

For ordinary services, California Probate Code §10810 sets the attorney’s fee as a percentage of the estate accounted for: 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, and a reasonable amount set by the court above $25 million.

Is the executor fee the same as the attorney fee?

Yes. Probate Code §10800 gives the personal representative (executor or administrator) the same schedule as the attorney, so when both are paid the estate pays the statutory amount twice. A personal representative can waive the fee, and if the will sets the personal representative’s compensation, that provision generally controls (PC §10802).

Does a mortgage reduce probate fees in California?

No. The fee base is the value of the estate accounted for, which is figured “without reference to encumbrances or other obligations on estate property” (PC §10800(b), §10810(b)). A $1,000,000 house with a $700,000 loan still counts as $1,000,000.

What are the statutory probate fees on a $1,000,000 estate?

$23,000 for the attorney and $23,000 for the personal representative: 4% of $100,000 ($4,000), plus 3% of $100,000 ($3,000), plus 2% of $800,000 ($16,000).

About this site: Bill Gross is a licensed California real estate broker (DRE #01022275). He is not an attorney and not a Probate Referee, and nothing here is legal advice. Court links go to official government websites, which control if anything here differs.