See what a California probate estate may pay in statutory fees and sale costs when the house is sold, and roughly what is left. The calculator uses the statutory compensation schedule in California Probate Code §10800 (personal representative) and §10810 (attorney). The other lines are planning estimates you can change.

Estimate only. This is not a legal, tax, or financial document and not a law-firm fee quote. Bill Gross is a licensed California real estate broker (DRE #01022275). He is not an attorney, CPA, or Probate Referee. Check every figure with estate counsel and a tax professional before relying on it.

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Here is the statutory schedule it uses. California Probate Code §10800 (personal representative) and §10810 (attorney) set the same compensation for ordinary services, based on the value 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 $9,000,000
0.5% of the next $15,000,000
Above $25,000,000: a reasonable amount determined by the court

Example: a $1,000,000 fee base gives $4,000 + $3,000 + $16,000 = $23,000 to the attorney and another $23,000 to the personal representative, or $46,000 total if both are paid. Mortgages and liens do not reduce the fee base. Listing commission (often 5–5.5%) and closing costs (about 1.5–2%) come out of the sale price on top of these fees.

To talk through your numbers, call (310) 210-0008 or schedule a consultation.

Your numbers

1. Estate and house Probate fee base: gross estate value ($)

The gross value of probate assets on the inventory, before mortgages or liens. Under PC §10800(b) and §10810(b) the base is the inventory appraisal, plus gains on sales, plus receipts, minus losses on sales, “without reference to encumbrances.” Assets that pass outside probate (trust assets, joint tenancy, beneficiary accounts) are usually not included.

Home sale price ($)

Enter 0 if the estate is not selling real property. If the house sells for more than its inventory value, the gain is added to the fee base (and a loss is subtracted), so update the fee base to match.

Mortgage / lien payoff ($)

Paid off from sale proceeds at closing. It does not lower the statutory fees.

2. Statutory compensation (PC §10800 / §10810) Include statutory attorney fee (§10810) Personal representative waives the fee (§10800)

Family executors sometimes waive their fee. A waived fee shows as $0.

3. Selling costs (planning assumptions) Listing commission (% of sale price)

Often 5–5.5% in Los Angeles County. Negotiable. Not set by law.

Closing costs (% of sale price)

Escrow, title, and county documentary transfer tax. City transfer taxes in Los Angeles and some other cities can push this well above 2%, so adjust for the property’s city.

4. Court and administration estimates (not statutory) Petition filing fee estimate ($)

Estimate. The 2026 statewide fee for a first petition for letters is $435. Other filings and certified copies add more.

Probate referee estimate ($)

Estimate. PC §8961 and §8963: one-tenth of 1% of the value the referee appraises, minimum $75, usually capped at $10,000, plus expenses. Filled in at 0.1% of the sale price (or of the fee base if there is no sale) until you edit it.
Bill Gross is not a Probate Referee.

Publication / notice estimate ($)

Estimate. Newspaper publication of the Notice of Petition to Administer Estate often runs about $300–$500.

Bond required

Bond premium (% of fee base, per year)

Planning assumption only. A will or the heirs can often waive bond, and real premiums vary by surety and by year.

Estimated Closing Statement

Statutory fees are figured on the whole fee base and are paid from the estate as a whole, not only from the house. Extraordinary fees (§10801 / §10811), carrying costs (property tax, insurance, utilities, HOA), repairs, taxes, and attorney costs beyond statutory compensation are not included.

Want a real number for the house?

The biggest variable here is the sale price. Bill handles court-confirmation and IAEA sales across Los Angeles County, and he can give you a broker’s view of what the property is likely to bring.

What is my house worth? Schedule a consultation

Understanding the formulas

Statutory compensation: PC §10800 and §10810

California Probate Code §10800 sets compensation for the personal representative (executor or administrator). §10810 sets compensation for the personal representative’s attorney. Both use the same schedule for ordinary services, so when both are paid, the estate pays the amount twice:

Portion of the estate accounted for	Rate	Fee on that portion (max)
First $100,000	4%	$4,000
Next $100,000	3%	$3,000
Next $800,000	2%	$16,000
Next $9,000,000	1%	$90,000
Next $15,000,000	0.5%	$75,000
Above $25,000,000	A reasonable amount set by the court (the calculator does not estimate this)

Worked example: $1,000,000 fee base = 4% × $100,000 + 3% × $100,000 + 2% × $800,000 = $4,000 + $3,000 + $16,000 = $23,000 for the attorney and $23,000 for the personal representative.

What counts toward the fee base

The base is the “value of the estate accounted for”: the inventory and appraisal value, plus gains over appraisal on sales, plus receipts, minus losses on sales, without reference to encumbrances. A $1,000,000 house with a $700,000 mortgage still counts as $1,000,000. Non-probate assets such as trust property, joint tenancy, and payable-on-death accounts are generally left out.

What is not included

Extraordinary compensation for the attorney or personal representative (PC §10801, §10811). Examples are litigation, tax work, and in some cases work on a property sale. The court must approve these separately.
Carrying costs while the case is open: property tax, insurance, utilities, HOA dues, maintenance.
Income, capital-gains, or estate taxes, plus CPA and appraisal fees beyond the referee estimate.
Additional court filings, certified copies, and courier or e-filing fees.

For the fee schedule by itself in plain English, see California probate fees (PC §§10800 / 10810).

Important limitations

This calculator gives a planning estimate and is not a law-firm fee quote. Bill Gross is a real estate broker. He is not an attorney, CPA, or Probate Referee, and nothing here is legal or tax advice. The personal representative and attorney may agree to less than the statutory amount, but an agreement to pay the attorney more is void (PC §10813). A will that sets the personal representative’s compensation generally controls instead (PC §10802). Check with your estate attorney and tax professional.

California Probate Cost Calculator