Probate cost in California
In California, estates up to $208,850 can often skip full probate. For a $300,000 estate, the court fee is $435 and state law puts the attorney fee at $9,000.
California's small estate limit is $208,850. Above it, the estate usually goes through probate.
- Court fee to open probate source$435
- Attorney fee sourceSet by state law$9,000
- Executor fee sourceSet by state law$9,000
Probate total$18,435
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $435 | $4,000 | $4,000 | $8,435 |
| $250,000 | $435 | $8,000 | $8,000 | $16,435 |
| $500,000 | $435 | $13,000 | $13,000 | $26,435 |
| $1,000,000 | $435 | $23,000 | $23,000 | $46,435 |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in California
- Small estate limit: $208,850 (Affidavit for collection of personal property, Probate Code 13100). Does not cover real estate. Heirs wait 40 days after the death. Indexed under Probate Code 890 every three years. $208,850 for deaths on or after April 1, 2025 (was $184,500 from April 1, 2022). Next adjustment April 1, 2028. Limit is gross value of real and personal property in California, excluding 13050 property; the affidavit itself transfers only personal property. Real property of small value: separate affidavit under 13200, $69,625 for deaths on or after April 1, 2025. Statute text read at Source
- Simplified probate: Petition to determine succession to real property (decedent's primary residence), Probate Code 13151, up to $750,000. Source
- Court fee: $435 for a $300,000 estate. Item 124 of the statewide civil fee schedule effective January 1, 2026: first-filed petition for letters of administration or letters testamentary (Gov. Code 70650(a), 70602.5, 70602.6). Same fee for any estate value. The asterisk means the fee varies in three counties because of a local courthouse construction surcharge (appendix): Riverside $450, San Francisco $450, San Bernardino $435. Source
- Attorney fee: Set by state law. Probate Code 10810, for ordinary services. Above $25 million the court sets a reasonable amount. Extraordinary services are extra. Read from a Wayback copy (Dec 20, 2025) because leginfo.legislature.ca.gov shows a Cloudflare bot check. Source
- Executor fee: Set by state law. Probate Code 10800, for ordinary services. Above $25 million the court sets a reasonable amount. Read from a Wayback copy (Feb 7, 2026) because leginfo shows a Cloudflare bot check. Source
General information from official state sources, not legal advice.