California Probate Fees Exposed: Statutory vs Flat Fee
One of the biggest shocks for California executors is discovering how much traditional probate attorneys charge. This guide breaks down the statutory fee structure and compares it with our flat fee. On a $500,000 estate, the statutory attorney fee is $13,000. Our flat fee is $3,995.
What Are Statutory Fees?
California Probate Code Section 10810 sets the "statutory" fee schedule that attorneys can charge for probate work. This fee is calculated as a percentage of the gross estate value:
| Estate Value | Fee Percentage |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Above $10,000,000 | 0.5% |
The Gross Value Problem
Here's what catches most people off guard: statutory fees are calculated on gross value, not net equity. Mortgages, loans, and debts are ignored.
Example: The $1M Home
Consider a home worth $1,000,000 with a $900,000 mortgage:
- Actual equity: $100,000
- Fee calculation basis: $1,000,000 (gross value)
- Statutory attorney fee: $23,000, which is 23% of the $100,000 of equity
The personal representative (executor) may also ask for a statutory commission figured the same way. That commission belongs to the personal representative, not to the attorney, and is the same whichever way the court papers are prepared.
Fee Comparison by Estate Value
| Estate Value | Statutory Fee | MyProbateCA | You Save |
|---|---|---|---|
| $500,000 | $13,000 | $3,995 | $9,005 |
| $750,000 | $18,000 | $3,995 | $14,005 |
| $1,000,000 | $23,000 | $3,995 | $19,005 |
| $1,500,000 | $28,000 | $5,995 | $22,005 |
| $2,000,000 | $33,000 | $5,995 | $27,005 |
Full probate: $3,995 for an estate up to $1,000,000; $5,995 from $1,000,000 to $2,000,000; $7,995 over $2,000,000 (estate value is the property that goes through probate).
Why Are Statutory Fees So High?
The statutory fee schedule dates from an era when attorneys hand-typed every document and made multiple trips to the courthouse. Today's technology enables dramatic efficiency, but the fee schedule hasn't changed.
Traditional probate attorneys can legally charge these statutory fees, and many do. They're not required to, but it's the easiest path since the fee is pre-approved by the court.
Additional Costs Beyond Attorney Fees
Whether you use a statutory-fee attorney or MyProbateCA, you'll have these additional third-party costs:
| Cost Type | Typical Amount | When Due |
|---|---|---|
| Court Filing Fee | $435-500 | At initial filing |
| Newspaper Publication | $200-350 | After filing |
| Probate Referee Fee | 0.1% of assets | After inventory |
| Certified Copies | $25-50 each | As needed |
| Bond Premium (if required) | 0.5-1% of bond | Before hearing |
How MyProbateCA Offers $3,995
Our flat fee (from $3,995) provides attorney-prepared court papers from Rozsa Gyene (Bar #208356) at a fraction of the traditional cost. We achieve this through:
- Technology-enabled efficiency - Our app handles data gathering and document generation
- Streamlined processes - We've completed 500+ cases and know exactly what's needed
- Focused service: MyProbateCA prepares California probate court papers only
- Remote-first design - Everything is handled online, saving overhead
What's Included in $3,995
- Attorney-prepared court papers for each step you file (the final accounting and house sale papers are separate add-ons)
- Review by California Bar Attorney #208356
- We check the court's probate notes and prepare the answers (Verified Supplements) before your hearing
- Dashboard tracking throughout the process
- Inventory papers for the probate referee
Key Takeaways
- 1Statutory fees are based on gross estate value, not net equity
- 2A $1M estate costs $23,000 in statutory attorney fees
- 3MyProbateCA prepares the court papers for a flat fee from $3,995
- 4Additional third-party costs apply regardless of which attorney you use
Ready to start your probate case? Get started with MyProbateCA for a flat fee from $3,995.
Rozsa Gyene, Esq.
California State Bar #208356 • 26+ Years Experience
Rozsa Gyene focuses on California probate administration, with extensive experience at the Stanley Mosk Courthouse in Los Angeles.
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Get attorney-prepared court papers for a flat fee from $3,995. On a $1,000,000 estate, the statutory attorney fee is $23,000.