When a loved one passes away and leaves property behind, families in California often face an unexpected question: how much is probate going to cost us?
Unfortunately, probate in California isn’t cheap. Between attorney’s fees, court costs, and other expenses, the total bill can eat up a surprising amount of the estate — sometimes tens of thousands of dollars. Let’s break down what probate really costs, why California tends to be more expensive than other states, and what options families have to keep those costs under control.
Average Probate Costs in California
Probate costs vary depending on the size of the estate, but most California families can expect to pay between 4%–7% of the estate’s value. That may not sound too bad at first, but when you consider California’s high property values, the numbers add up quickly.
For example:
- A $500,000 estate could generate $20,000–$35,000 in probate costs.
- A $1 million estate might rack up $40,000–$70,000 in total fees.
Those costs come out of the estate before heirs see any inheritance. Under the California probate code, estates valued at more than $184,500 must go through formal probate — which is why costs add up so quickly here.
Breaking Down the Fees
Here’s a closer look at where that money goes:
- Attorney’s fees: California follows a statutory fee schedule set by law. Attorneys can collect:
- 4% of the first $100,000 of the estate value3% of the next $100,0002% of the next $800,0001% of amounts over $1 million
- Executor’s fees: Executors are entitled to the same statutory fee as attorneys (though family members often waive this to save costs).
- Court filing fees: $465–$650 depending on the county.
- Probate referee fees: Every estate must be appraised by a probate referee, who charges about 0.1% of the property value for official appraisals.
- Publication fees: Roughly $500 to publish probate notices in the local newspaper.
- Miscellaneous costs: Certified copies, mailing, bond fees, accounting services, etc.
Hidden Costs Families Forget About
Beyond the official probate expenses, there are carrying costs while the house sits in probate. Many families underestimate these:
- Mortgage payments (if the loan isn’t paid off)
- Property taxes
- Homeowner’s insurance
- Utility bills
- Basic maintenance
Example: A family in San Bernardino inherited a $450,000 home. While waiting 11 months for probate to finish, they had to keep up with $3,200 in annual property taxes, $1,800 in utilities, and a $1,000 insurance bill. By the end, probate had cost them nearly $25,000.
The length of probate also affects cost — a drawn-out case means higher carrying costs. Learn more in our post on how long probate takes in California.
Why Probate Costs Are Higher in California
Compared to other states, California probate is notoriously expensive. Here’s why:
- High property values: Since attorney and executor fees are based on home value, even modest California homes push probate costs higher.
- Mandatory court process: California requires formal probate for estates over $184,500, which eliminates cheaper “informal” options other states allow.
- Attorney fee laws: Families can’t shop around for cheaper lawyers — statutory fees are set in stone.
Example: A family in Sacramento with a $900,000 estate paid more than $22,000 in attorney’s fees alone. In Arizona, that same estate might have cost only $6,000–$8,000 to administer.
Case Study — A $1 Million Estate
Let’s look at how the fees add up in a typical California probate.
- Estate value: $1,000,000
- Attorney’s statutory fee: $23,000
- Executor’s statutory fee: $23,000
- Court costs + filings: $650
- Appraisal (probate referee): $1,000
- Publication fees: $500
- Miscellaneous: $1,200
Total probate cost: $49,350
That’s nearly 5% of the estate gone before the heirs ever see their inheritance.
Can You Reduce Probate Costs?
While some fees are unavoidable, families can take steps to reduce the financial burden:
- Waive executor’s fees: When a family member serves as executor, they can choose not to take payment.
- Sell the house quickly: This reduces carrying costs like taxes, utilities, and insurance. Cash buyers can close in weeks, which shortens the timeline.
- Avoid disputes: Fights between heirs often drag probate out, which only increases expenses.
- Plan ahead with estate tools: Many families use living trusts or transfer-on-death deeds to avoid probate altogether.
What This Means for Families Selling in Probate
Probate costs are unavoidable in California, but how you handle the home can make a big difference. Selling the property quickly not only covers many of these costs but also prevents months of added expenses while the estate drags on.
Example: A Los Angeles family sold their inherited house to a cash buyer within 21 days. This allowed them to pay the attorney’s fees and court costs immediately, and they avoided $6,000 in extra carrying costs that would have piled up if they waited another six months.
For a full overview of the process, fees, and selling options, check out our 2025 Guide to Selling a House in Probate in California.
Final Thoughts
Probate in California can be overwhelming — emotionally and financially. While the statutory fee structure makes costs fairly predictable, they’re still steep, often running tens of thousands of dollars. Add in hidden holding costs, and the total bill can take a serious bite out of the estate.
If you’re facing probate and trying to figure out how to cover expenses, selling the house quickly can provide the cash you need and reduce ongoing costs.
At Mrs. Property Solutions, we’ve helped families all across California sell probate houses fast, so they could settle estates without the added financial stress. If you need help navigating the process, reach out to our team — we’d be happy to talk about your options.