California probate fees are set out by statute called “statutory fees” which are based on a percentage of the value of the probate assets.  The percentages are set out Cal. Probate Code 10810.

Below are the statutory fees for a California probate attorney for ordinary services:

(1) 4% on the first on $100,000.

(2) 3% on the next one next $100,000.

(3) 2% on the next $800,000.

(4) 1% on the next ($9,000,000).

(5) .5% of 1% on the next $15,000,000.

(6) For all amounts above $25,000,000, a reasonable amount to be determined by the court.

Extraordinary attorney services are also granted for the personal representative in an amount the court determines is just and reasonable.



  • There is a $435 fee payable to the Court for each petition filed. In simple probate cases you only have to file two petitions: the initial “Petition to Probate” the estate and a “Petition for Final Distribution.”  More complex cases may require additional petition filings.
  • Notice of Probate in a newspaper publication is required. Publication fees range anywhere from $100 to $450.


If you need a Marin County probate attorney, or a San Francisco probate attorney,  please call Matthew W. Harris, Esq.., a Marin and San Francisco probate attorney, at his San Rafael office at (415) 521-5610 for a free probate consultation.

California Probate Attorneys Fees

California Probate Attorneys Fees