How Much Does Probate Cost in California?
Compare filing fees, attorney costs, and timelines across the most common probate options in California.
Quick Summary
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Under $208,850 | $0 (no court filing) | 40+ days after death | No | Small estates without real property |
| Primary Residence Petition | Primary residence under $750,000 | $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 | $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 (Probate Code 10810). Attorneys may charge more for extraordinary services.
Executor Fees (Statutory)
Personal representatives are entitled to the same statutory compensation as attorneys.
Probate Referee
Court-appointed referee appraises non-cash assets. Required for full probate.
Publication/Notice
Notice to creditors must be published in a newspaper of general circulation for 3 successive weeks.
Bond Premium
May be required unless waived by will. Based on estate value.
Filing & Recording Fees
Certified copies, recording real property transfers, and miscellaneous court filings.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- California Probate Code
- Fee Source
- Uniform Civil Fee Schedule (Gov. Code § 70600+)
- Last Verified
- March 2026
- Threshold Effective Date
- April 1, 2025 (AB 2016)
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.
How long does probate take in California?
Small estate affidavits can be used 40 days after death. Spousal property petitions take 2-4 months. Full probate typically takes 9-18 months, sometimes longer for complex estates.
Estimate Your California Probate Path
Use our California assessment and calculator tools to see which probate process may apply and what it may cost.