What Everyone Should Know About the Cost of Probate

Could the Cost of Probate Deplete the Value of Your Estate?

The death of a loved one brings emotional challenges that are often compounded by complex legal processes, including the potential need for probate. California’s probate system can be particularly costly and time-consuming, making it essential for families to understand what they may face. Probate in California typically costs between 4% and 7% of an estate’s total value, which can result in substantial expenses for beneficiaries. Understanding these expenses and exploring alternatives can help families make informed decisions about proactive estate planning and protect their loved ones from unnecessary financial burdens.

California’s probate process serves an important legal function by ensuring the orderly transfer of assets after death, making certain wills are properly validated, and providing a framework for settling claims against the estate. However, this court-supervised process comes with significant expenses that can dramatically reduce the value of an estate. The complexity of California’s probate system creates a situation where costs can quickly escalate beyond what many families anticipate. An experienced California probate attorney can answer questions about the potential costs related to probate and help you build a strategy to minimize expenses for your beneficiaries. 

When Is Probate Required in California?

Probate is required in California when three conditions are met: 

• A person has died
• They owned property in their name alone
• Their property exceeds specific value thresholds

As of 2025, formal probate is generally required when an estate’s personal property exceeds $184,500 or when real estate valued at more than $61,500 is involved. However, significant changes took effect on April 1, 2025, under Assembly Bill 2016, which raised the threshold for real property to $750,000, but only for the decedent’s primary residence in California.

Not all assets require probate, regardless of their value. Assets that automatically transfer outside of probate include property held in joint tenancy with right of survivorship, community property with right of survivorship, assets with designated beneficiaries such as retirement and life insurance accounts, and property held in living trusts. The key determination is whether the deceased person owned assets solely in their name that exceed the statutory thresholds.

How Much Do California Probate Fees Actually Cost?

California’s probate fees are determined by a statutory fee structure outlined in California Probate Code section 10810. The fee schedule operates on a descending percentage basis:

• 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

For estates exceeding $25 million, the court determines reasonable compensation. The calculation is based on the estate’s gross value, meaning debts and mortgages are not subtracted when determining fees. For example, a house appraised at $1 million with an $800,000 mortgage would still be valued at the full $1 million for fee calculation purposes.

What Additional Costs Should Families Expect Beyond Statutory Fees?

Beyond the substantial statutory fees, California probate involves numerous additional costs that can increase total expenses. The basic filing fee to initiate probate is $435. Some counties impose further fees, making total court costs approximately $900 in a typical probate case.

Publication fees represent another mandatory expense, as California law requires notice of probate proceedings to be published in a local newspaper. These costs typically range from $200 to $300, though some areas may charge up to $1,000. Probate referee fees add another layer of expense, as court-appointed appraisers must value non-cash assets at a rate of 0.1% of the appraised value, with a minimum fee of $75 and a maximum of $10,000. Administrative costs for document certification, copying, and other procedural requirements can also easily exceed $1,000, depending on the estate’s complexity.

When Are Extraordinary Fees Added to Probate Costs?

Extraordinary fees represent additional compensation beyond statutory fees for services that exceed typical probate administration duties. These fees may be awarded to executors and others when circumstances require work outside the normal scope of probate proceedings. For personal representatives, extraordinary services may include selling or managing real estate, continuing the decedent’s business, preparing tax returns, and handling audits or tax litigation. The court determines extraordinary fees based on the estate’s value, the difficulty and time required for the tasks, the results achieved, and whether those results benefited the estate.

How Can Estate Planning Strategies Help Families Avoid Probate Costs?

A knowledgeable estate planning attorney can implement several sophisticated strategies to help families avoid the substantial costs and delays associated with California probate. One of the most powerful tools is a revocable living trust. This variety of trust allows individuals to transfer ownership of their assets to the trust during their lifetime while maintaining control as the initial trustee. Upon the grantor’s death, a successor trustee can distribute assets according to the trust’s terms without court supervision, as the trust rather than the individual owns the assets.

Beyond living trusts, estate planning attorneys can structure joint ownership arrangements that provide automatic transfer rights. Arrangements that could bypass the need for probate include joint tenancy with right of survivorship, community property with right of survivorship for married couples, and tenancy by the entirety. Your attorney can also establish transfer-on-death designations for securities, payable-on-death designations for bank accounts, and transfer-on-death deeds for real estate. These beneficiary designations allow assets to pass directly to named individuals without probate proceedings.

Estate planning attorneys can also help families take advantage of California’s small estate procedures for qualifying assets. The recent increase in the small estate threshold to $200,000 for personal property and $750,000 for primary residences means more families can utilize simplified transfer procedures such as small estate affidavits and spousal property petitions. These alternatives typically cost only a few hundred to a few thousand dollars compared to the tens of thousands required for formal probate.

Why Consult With an Experienced Probate Attorney?

Strategic estate planning requires careful consideration of family circumstances, asset types, and long-term goals. A qualified attorney from Sheela Stark Law Group, APC can evaluate the specific needs of your family and recommend the most appropriate combination of planning tools to minimize probate exposure while ensuring assets are safeguarded and distributed according to your wishes. The cost of comprehensive estate planning is typically a fraction of potential probate fees, making it one of the most valuable investments families can make for their financial legacy. To begin your estate planning process, contact our trusted Rancho Cucamonga firm today at 909-675-1545 and schedule a consultation.