California Probate Fee Calculator
See what probate would cost your estate — and how much a Heggstad petition could save.
California sets probate attorney and executor fees by statute (Probate Code §§ 10810–10811). Enter an estate value below for an instant estimate, then compare it to a flat-fee Heggstad petition.
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How California probate fees are calculated
California is one of the few states that fixes probate fees by statute. Under Probate Code § 10810, the attorney and the personal representative (the executor or administrator) are each entitled to the same fee, calculated as a percentage of the estate’s gross value:
| Portion of the estate | Fee rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Court determines |
The fee is based on the gross value of the estate — before subtracting any mortgage or debt. A $1,000,000 home with a $400,000 loan still counts as $1,000,000. The gross estate does not include life insurance or retirement accounts with named beneficiaries, or assets already held in a living trust. The court may also award “extraordinary” fees for work beyond the ordinary course of probate (Prob. Code § 10811).
Sample probate fees
| Gross estate | Attorney fee | Attorney + executor |
|---|---|---|
| $350,000 | $10,000 | $20,000 |
| $500,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $56,000 |
| $2,300,000 | $36,000 | $72,000 |
How a Heggstad petition can avoid probate entirely
If a person meant to put an asset into their living trust but it was left out — or the trust says it holds the asset but title was never formally transferred — you may not need full probate at all. A Heggstad petition (Probate Code § 850) asks the court to confirm the asset belongs to the trust, transferring it without a full probate administration.
When it applies, the difference is dramatic: a flat $3,500 Heggstad petition resolved in weeks, instead of a percentage-of-the-estate probate fee that can run tens of thousands of dollars over 9–18 months. Whether a Heggstad petition fits depends on the facts — the calculator above shows you what is at stake, and a free consultation will tell you if your estate qualifies.
Frequently asked questions
How much does probate cost in California?
California probate attorney and executor fees are set by statute as a percentage of the estate’s gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. The attorney and the executor are each entitled to that amount. On a $1,000,000 estate, that is roughly $23,000 each, or about $46,000 combined, before court costs and any extraordinary fees.
How much does a Heggstad petition cost?
The Law Office of Ravi Patel files Heggstad (Probate Code § 850) petitions for a flat fee starting at $3,500. Because a Heggstad petition can confirm assets into a trust without a full probate, it is usually far less expensive than statutory probate when the estate qualifies.
Can a Heggstad petition really avoid probate?
Yes, when the facts support it. If the settlor clearly intended an asset to be held in their trust — for example, the trust’s schedule lists it, or a deed transferred it into the trust — a Heggstad petition can confirm the asset belongs to the trust and pass it to the beneficiaries without opening a full probate.
How long does California probate take?
Most California probates take 9 to 18 months from filing to final distribution, and complex or contested estates can take longer. A Heggstad petition, by contrast, is often resolved in a matter of weeks.
Is the gross estate the value before or after debts?
Before. Statutory fees are calculated on the gross value of the estate — a home is counted at its full date-of-death value even if there is a mortgage against it. Assets in a living trust, and accounts with named beneficiaries, are not part of the probate estate.
This calculator is for general educational purposes only and is not legal advice. It estimates ordinary statutory fees through $25,000,000 and does not include court filing fees, the probate referee’s fee, bond premiums, publication, or extraordinary fees. Actual fees and whether a Heggstad petition is available depend on the specific facts of your estate. For advice about your situation, speak with a licensed California attorney.