Fees & Costs

California Probate Fees Exposed: Statutory vs Flat Fee

By Rozsa Gyene, Esq.January 12, 202510 min read

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 ValueFee Percentage
First $100,0004%
Next $100,0003%
Next $800,0002%
Next $9,000,0001%
Above $10,000,0000.5%

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 ValueStatutory FeeMyProbateCAYou 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 TypeTypical AmountWhen Due
Court Filing Fee$435-500At initial filing
Newspaper Publication$200-350After filing
Probate Referee Fee0.1% of assetsAfter inventory
Certified Copies$25-50 eachAs needed
Bond Premium (if required)0.5-1% of bondBefore 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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Need Help With Your Probate Case?

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.