Understanding the Cost of Probate in California

Probate tends to catch families off guard. What looks like a straightforward process for transferring a loved one’s assets can quickly become a months-long legal proceeding that carries high costs. In California, those costs are set by statute, which means many of them are not negotiable. Understanding what probate actually costs, and why, can help Elk Grove families plan and make informed decisions.

What Is Probate and When Does It Apply?

Probate is the court-supervised process of distributing a deceased person’s estate. In California, whether probate is required depends on the type and value of assets involved. For deaths occurring on or after April 1, 2025, California’s small-estate threshold is generally $208,850, subject to statutory exclusions and valuation rules.

When someone passes away, their assets do not automatically transfer to their heirs. Probate is the legal process through which a court validates the will (if one exists), appoints an executor or administrator, settles debts and taxes, and distributes the remaining property to beneficiaries.

Not all assets go through probate. Property held in a living trust, assets with designated beneficiaries such as life insurance or retirement accounts, and jointly held property with right of survivorship typically pass outside of probate. But assets held solely in the decedent’s name that do not qualify for a simplified transfer procedure under California Probate Code Section 13100 and related statutes will generally require a formal probate proceeding in the Superior Court.

For Elk Grove residents, that means filing in Sacramento County Superior Court.

How Are Probate Fees Calculated in California?

California law sets statutory probate fees as a percentage of the gross estate value, meaning fees are based on total assets before debts are subtracted.

California Probate Code Sections 10800 and 10810 establish the fees that both the executor (called a personal representative) and the probate attorney are each entitled to receive. These are not fees you negotiate. They are set by law and calculated on the gross value of the estate, not the net value after debts.

The statutory fee schedule works as follows:

• 4% of the first $100,000 of the gross estate
• 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

Because both the personal representative and the attorney are entitled to these fees, the actual cost doubles. On a $500,000 estate, for example, the statutory fee for each party would be $13,000, bringing the combined total to $26,000 before any additional costs.

What Other Costs Are Involved in Probate?

Beyond attorney and executor fees, California probate involves court filing fees, publication costs, appraisal fees, and potentially additional extraordinary fees.

The statutory fees are only part of the picture. A California probate proceeding also typically includes:

• Court filing fees: The Sacramento County Superior Court charges filing fees that vary based on the value of the estate.
• Probate referee fees: California requires an independent probate referee to appraise non-cash assets. California probate referees are compensated under a statutory fee schedule, generally equal to 0.1% of the appraised value of the property they evaluate.
• Publication costs: California probate proceedings generally require publication of a notice of the probate proceeding in a newspaper of general circulation, which carries its own cost.
• Extraordinary fees: If the estate involves litigation, contested claims, tax issues, or unusually complex matters, the court may approve additional fees for the attorney and personal representative beyond the statutory amounts under Probate Code Section 10811.

These added costs mean that even a modest estate can face a probate process that costs thousands of dollars and takes a year or more to complete.

How Long Does Probate Take in California?

Most California probate cases take 12 to 18 months to complete, though contested estates or those with complex assets can take significantly longer.

California law requires a creditor claim period of at least four months from the date the personal representative is appointed, or 60 days from the date a creditor is given notice, whichever is later, as outlined in California Probate Code Section 9100. That timeline alone prevents most estates from closing quickly.

Add in court scheduling, appraisal timelines, tax clearances, and the general pace of the Sacramento County court system, and families should realistically plan for the process to extend over a year.

Are There Ways to Reduce or Avoid Probate Costs?

Yes. Strategies like revocable living trusts, beneficiary designations, and joint ownership can help California families avoid probate entirely.

The most commonly used tool is a revocable living trust. Assets transferred into a trust before death pass directly to beneficiaries without going through the court process, which eliminates statutory fees, reduces delays, and keeps the estate private. Unlike a will, a trust is not a public record.

Other strategies include updating beneficiary designations on retirement accounts and life insurance policies, holding real property in joint tenancy, and using California’s simplified small estate affidavit procedure for qualifying estates that meet the requirements of Probate Code Section 13100 and related statutes.

None of these strategies is one-size-fits-all. The right approach depends on the size and complexity of an estate, family circumstances, and individual goals. Working with an attorney familiar with California estate planning law can help ensure that assets are structured in a way that reflects what the deceased would have wanted.

Talk to a California Probate Attorney in Elk Grove

At Cava & Faulkner, Attorneys at Law, we work with families throughout the Elk Grove area on probate and estate administration matters, helping them understand what to expect and how to move through the process as efficiently as possible. We also counsel clients on estate planning strategies that can reduce or eliminate the need for probate down the road.

If you are currently facing a probate proceeding or want to plan for your family, contact us to schedule a consultation. You can also reach our office directly at (916) 831-7565.

Last updated: July 2026