Disclaimer: Ordinary-fee estimate only; court approval, waivers, extraordinary services and other probate costs can change actual charges.
What is a California Probate Fee Calculator?
A California Probate Fee Calculator estimates ordinary statutory compensation for the attorney and personal representative in a California probate administration. It applies the Probate Code percentage schedule to an estate fee base created from inventory value, sale gains, additional receipts, and sale losses.
The main result is the estimated combined ordinary fees. The calculator also displays the statutory fee base, attorney ordinary fee, personal representative ordinary fee, and a notice that extraordinary fees and other costs are not included.
This calculator assumes that both ordinary fees are payable in full. It does not decide whether probate is required, whether either fee will be waived, or what amount a court will approve. It supports a statutory fee base up to $25 million.
How to Use the California Probate Fee Calculator
Enter only amounts belonging in the statutory calculation. Each field accepts a nonnegative amount up to $25 million with no more than two decimal places.
Step 1: Enter the Probate Inventory Appraised Value
Enter the appraised value of property shown in the probate inventory before debts. This is the required starting amount.
Do not subtract mortgages, liens, or other estate obligations from this field. The calculator does not use the net equity remaining after debts.
Step 2: Enter Sale Gains Above Appraisal
Enter only gains realized when estate property sells for more than its inventory appraisal value. Leave the field blank when there are no such gains; a blank optional field is treated as zero.
Do not enter the entire sale price. The inventory value has already been included, so entering full proceeds again would double-count part of the estate.
Step 3: Enter Additional Estate Receipts
Enter additional receipts included in the estate accounting that are not already contained in the inventory value or sale-gain field.
Leave the field blank when no additional receipts should be included. Avoid entering the same receipt in more than one field.
Step 4: Enter Sale Losses Below Appraisal
Enter losses when estate property sells for less than its appraised inventory value. The calculator subtracts this amount from the other components.
Sale losses cannot exceed the combined inventory value, gains, and additional receipts because the resulting fee base cannot be negative.
Select Calculate to display the fee estimate. Select Reset to clear all entries and hide the previous result.
How California Probate Fees Are Calculated
The calculator first creates the statutory fee base:
Statutory fee base = Inventory appraised value + Sale gains + Additional receipts − Sale losses
Mortgages, encumbrances, and other obligations are not deducted from this base. The official California Probate Code section 10800 states the ordinary personal-representative schedule and defines the value accounted for without reference to encumbrances or other obligations. Section 10810 applies the same percentage schedule to the attorney’s ordinary fee.
The calculator applies these progressive rates separately:
- 4% of the first $100,000
- 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
Each rate applies only to the portion inside that band. The calculator does not apply one percentage to the entire estate value.
The attorney ordinary fee and personal representative ordinary fee are calculated using the same result:
Estimated combined ordinary fees = Attorney ordinary fee + Personal representative ordinary fee
For a fee base above $25 million, the calculator stops because additional compensation requires a reasonable amount determined by the court. Monetary calculations use cents, and the fee is rounded to the nearest cent.
California Probate Fee Calculation Example
Suppose the following amounts are entered:
- Probate inventory appraised value: $800,000
- Sale gains above appraisal: $20,000
- Additional estate receipts: $10,000
- Sale losses below appraisal: $5,000
First, calculate the statutory fee base:
$800,000 + $20,000 + $10,000 − $5,000 = $825,000
Apply the progressive fee schedule:
- First $100,000 × 4% = $4,000
- Next $100,000 × 3% = $3,000
- Remaining $625,000 × 2% = $12,500
Add the three portions:
$4,000 + $3,000 + $12,500 = $19,500
The calculator applies this amount once for the attorney and once for the personal representative:
$19,500 + $19,500 = $39,000
The displayed results are:
- Estimated combined ordinary fees: $39,000.00
- Statutory fee base: $825,000.00
- Attorney ordinary fee: $19,500.00
- Personal representative ordinary fee: $19,500.00
- Extraordinary fees / other costs: Not included
These figures exactly match the calculator for the example entries.
What the Result Does Not Include
The estimate does not include extraordinary-service compensation, court filing charges, probate-referee costs, publication expenses, bonds, appraisals outside the entered inventory, accounting costs, tax work, property expenses, or other administration charges.
It does not determine probate eligibility, which assets belong in the probate estate, court approval, fee reductions, waivers, apportionment among multiple representatives, or the amount available for distribution. It also does not estimate compensation above a $25 million fee base.
Property-tax calculations are separate from ordinary probate compensation. Use the California Property Tax Calculator only for its own property-tax scope.
Family-support calculations are also outside this calculator. How to Calculate Alimony in California, the California Spousal Alimony Calculator, and the California Child Support Calculator do not determine the probate statutory fee base.
For more state-specific tools, visit California Calculator.
Common Mistakes to Avoid
Do not subtract mortgages or estate debts from the inventory value.
Do not enter full sale proceeds as gains or additional receipts.
Do not count the same receipt in multiple fields.
Enter only the loss below appraisal, not the entire sale amount.
Do not apply one fee rate to the complete statutory base.
Do not treat combined ordinary fees as total probate cost.
FAQs
Q1: Are debts deducted from the statutory fee base?
A: No. The calculator uses the estate value without deducting encumbrances or other obligations.
Q2: Does the calculator estimate both ordinary fees?
A: Yes. It calculates equal ordinary-fee estimates for the attorney and personal representative and combines them.
Q3: What happens if an optional field is blank?
A: Blank sale-gain, additional-receipt, or sale-loss fields are treated as zero.
Q4: Does the result include extraordinary fees?
A: No. Extraordinary services and other probate costs are excluded.
Q5: Can the calculator estimate fees above $25 million?
A: No. Compensation for amounts above $25 million requires court determination.
