How Much Does Probate Cost in California?

Compare filing fees, attorney costs, and timelines across the most common probate options in California.

Quick Summary

Small Estate Affidavit: $0Under $208,850 (death on/after 4/1/25)
Small-Value Real Property Affidavit: $45$69,625 or less (death on/after 4/1/25)
Primary Residence Petition: $435Home under $750K (death on/after 4/1/25)
Spousal Petition: $435Community property
Full Probate: $435+Over $208,850

Typical Total Cost Ranges

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$100,000 estate (small estate affidavit)

$0 - $500

Primary residence petition (Prob. Code § 13150)

$785 - $4,000

$250,000 estate (full probate)

$15,000 - $20,000

$500,000 estate

$28,000 - $35,000

$1,000,000 estate

$46,000 - $55,000

$2,000,000+ estate

$66,000+

Probate Cost by Procedure

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Procedure	Estate Size	Court Fee	Timeline	Attorney?	Best For
Small Estate Affidavit	Under $208,850 (deaths on or after April 1, 2025; $184,500 for earlier deaths)	$0 (no court filing)	40+ days after death	No	Small estates without real property
Primary Residence Petition	Primary residence under $750,000 (deaths on or after April 1, 2025 only)	$435	2-4 months after the 40-day wait	No	Transferring the decedent’s primary residence only
Small-Value Real Property Affidavit	California real property worth $69,625 or less (deaths on or after April 1, 2025; $61,500 for earlier deaths)	$45	6+ months after death	No	Very small-value real property
Spousal Property Petition	Any (community property)	$435	2-4 months	No	Surviving spouse claiming community property
Full Probate	Over $208,850	$435	9-18 months	No (but strongly recommended)	Large estates, complex situations

Additional Costs to Expect

Attorney Fees (Statutory)

California sets statutory attorney fees by law (Prob. Code § 10810). The schedule continues at 1% of the next $9 million and 0.5% of the next $15 million; over $25,000,000 the court determines the fee. Attorneys may charge more for extraordinary services with court approval (Prob. Code § 10811).

4% of first $100K + 3% of next $100K + 2% of next $800K

Executor Fees (Statutory)

Personal representatives are entitled to the same statutory compensation as attorneys (Prob. Code § 10800); the § 10800 and § 10810 schedules are identical.

Same as attorney fees

Probate Referee

Court-appointed referee appraises non-cash assets at 0.1% of the appraised value (Prob. Code § 8963). Required for full probate.

0.1% of asset value

Publication/Notice

Notice to creditors must be published in a newspaper of general circulation for 3 successive weeks.

$150-$400

Bond Premium

May be required unless waived by will. Based on estate value.

$200-$1,000+

Filing & Recording Fees

Certified copies, recording real property transfers, and miscellaneous court filings. Filing the Petition for Probate (Form DE-111) costs $435 as of January 1, 2024, the uniform Superior Court filing fee across California counties for probate petitions.

$50-$300

One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The California Medicaid estate recovery guide explains when that applies.

Frequently Asked Questions

What is the cheapest way to transfer assets in California?

The Small Estate Affidavit is the cheapest route for personal property because it has no court filing fee. If the estate only needs to transfer very small-value California real property, the separate Probate Code section 13200 affidavit has a much smaller court filing fee than a full probate petition, but it generally requires waiting at least 6 months after death.

Do I need an attorney for probate in California?

California does not legally require an attorney for probate. However, full probate is complex and most people hire an attorney. For small estate affidavits and spousal property petitions, many people handle them without an attorney.

How much does a probate attorney cost in California?

California law sets statutory attorney fees: 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9 million. For a $500,000 estate, statutory fees would be $13,000 for the attorney plus $13,000 for the executor.

Can I get a fee waiver for probate in California?

Yes, California courts offer fee waivers for those who cannot afford court fees. Use Form FW-001 (Request to Waive Court Fees) and provide documentation of your financial situation.

Are probate fees the same across all California counties?

Yes, court filing fees are uniform across California per the Uniform Civil Fee Schedule. However, publication costs and local filing requirements may vary slightly by county.

Which limits apply if the person died before April 1, 2025?

California sets small-estate limits by the date of death, not the date you file (Judicial Council form DE-300, which must be attached to the affidavit or petition). For deaths between April 1, 2022 and March 31, 2025, the small estate affidavit limit is $184,500 and the small-value real-property affidavit limit is $61,500. The $750,000 primary-residence petition does not apply; instead, real property can use a Petition to Determine Succession to Real Property (form DE-310) when the combined real and personal property is $184,500 or less. Deaths before April 1, 2022 use lower limits still.

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Source Notes

Statute / Authority: California Probate Code
Fee Source: Uniform Civil Fee Schedule (Gov. Code § 70600+)
Last Verified: June 2026
Threshold Effective Date: April 1, 2025 (AB 2016). California sets these limits by the DATE OF DEATH, not the filing date (Judicial Council form DE-300). Deaths between April 1, 2022 and March 31, 2025 use $184,500 / $61,500 limits with no $750,000 primary-residence option.

SourcesOfficial references used for this page

California Probate CodeCalifornia Legislative Information. Accessed March 2026.
California Courts Self-Help CenterJudicial Council of California. Accessed March 2026.

More California Resources

Explore the rest of the California probate hub.

Start here

Do I need probate?4 pages

Costs and money4 pages

File for probate2 pages

Transfer assets4 pages

Learn and reference5 pages