California Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate petition filing fee
- $435uniform statewide; small local surcharges in a few counties
- Small estate — personal property
- $208,850 personal property§13100 affidavit; deaths on/after 4/1/2025; adjusts every 3 years
- Executor compensation
- Statutory percentage schedule4% / 3% / 2% / 1% tiers (Prob. Code § 10800)
- Where filed
- Superior Court — Probate Division
- Primary-residence succession
- $750,000 primary residenceup to this value via DE-310 petition (AB 2016); deaths on/after 4/1/2025; other real property to $69,625 via DE-305
Opening a full probate in California costs $435 in filing fees (uniform statewide, with small surcharges in a few counties) — and the same fee is charged again for the petition for final distribution. But the bigger California story is who can skip probate entirely, and since April 1, 2025 there are three distinct thresholds: qualifying personal property up to $208,850 passes by small-estate affidavit after a 40-day wait; the decedent's California primary residence worth up to $750,000 can pass by a court petition (DE-310) under 2024's AB 2016; and other real property up to $69,625 can pass by a small-value affidavit (DE-305). Property handled through a DE-310 petition is excluded from the $208,850 calculation — so a home up to $750,000 plus $208,850 of other property can avoid formal probate entirely.
For estates that do go through probate, both the executor and the probate attorney are entitled to statutory fees on the same sliding scale — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000 and 1% beyond — calculated on the gross estate. On a $500,000 estate that is $13,000 each, which is why avoiding probate is a mainstream estate-planning goal in California.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Petition for probate (filing fee) | $435 | Official fee |
| Petition for final distribution | $435 | Official fee |
| Publication of noticecounty newspaper rates vary | $100–$500 | Estimate |
| Probate referee (appraisal) | 0.1% of appraised assets | Official fee |
| Statutory executor fee — $500k estate exampleattorney entitled to the same amount | $13,000 | Official fee |
Filing fees per the Judicial Council statewide civil fee schedule (eff. 1/1/2026). Publication is a market cost.
Requirements
| Requirement | Rule |
|---|---|
| Small-estate affidavit | Qualifying personal property ≤ $208,850, 40-day wait (Prob. Code § 13100); property in a filed DE-310 petition is excluded from the calculation |
| Primary-residence succession | Petition to Determine Succession to Primary Residence (DE-310) — CA primary residence up to $750,000, deaths on/after 4/1/2025, 40-day wait (Prob. Code §§ 13150–13154, AB 2016) |
| Small-value real property | Affidavit re Real Property of Small Value (DE-305) — up to $69,625, 6-month wait (Prob. Code § 13200) |
| Surviving spouse | Spousal Property Petition — no dollar cap for property passing to the spouse |
| Full probate timeline | Typically 9–18 months |
| Fee waiver | Form FW-001 for qualifying filers |
The process, step by step
- Determine the route. Map assets to procedures: personal property ≤ $208,850 → §13100 affidavit after 40 days. Primary residence ≤ $750,000 → DE-310 petition. Other real property ≤ $69,625 → DE-305 affidavit. Everything to a surviving spouse → spousal property petition. Otherwise → full probate.
- File the Petition for Probate (DE-111). In the Superior Court of the county where the decedent lived; pay $435; the court sets a hearing and letters issue.
- Notice and inventory. Publish notice, notify heirs and creditors, and file the inventory & appraisal with the probate referee.
- Administer. Pay debts and taxes; creditors have 4 months from letters to file claims.
- Close the estate. Petition for final distribution ($435), accounting, statutory fees approved, assets distributed by court order.
Forms & where to file
Superior Court, Probate Division, in the county where the decedent resided.
Frequently asked questions
How much does probate cost in California?
Court filing fees are $435 to open and $435 to close. The dominant costs are the statutory executor and attorney fees — each 4%/3%/2%/1% on a sliding scale of the gross estate — roughly $13,000 each on a $500,000 estate.
What estates can skip probate in California?
For deaths on or after April 1, 2025 there are three routes: qualifying personal property up to $208,850 (§13100 affidavit, 40-day wait); the decedent's California primary residence up to $750,000 (DE-310 succession petition under AB 2016); and other real property up to $69,625 (DE-305 affidavit, 6-month wait). Property covered by a filed DE-310 petition doesn't count toward the $208,850 — the routes can be combined.
How long does California probate take?
Typically 9–18 months for a routine estate — the four-month creditor period plus court hearing lead times set the floor.
Are these limits fixed?
No — all three adjust every three years under Prob. Code § 890. The current figures ($208,850 personal property, $750,000 primary residence, $69,625 small-value real property) apply to deaths on or after April 1, 2025; earlier deaths use the prior tiers (e.g., $184,500 for deaths April 2022–March 2025).
Related information
Sources & verification
- Statewide Civil Fee Schedule eff. 1/1/2026 (probate fees)
- Judicial Council — Prob. Code § 890 adjusted amounts (all three thresholds)
- California Courts Self-Help — Transfers without formal probate (incl. DE-310 primary-residence route)
- California Courts Self-Help — Probate
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.