How Much Does Probate Cost in California?

The Small Estate Affidavit is the cheapest route for personal property because it has no court filing fee. If the estate only needs to transfer very small-value California real property, the separate Probate Code section 13200 affidavit has a much smaller court filing fee than a full probate petition, but it generally requires waiting at least 6 months after death.

California does not legally require an attorney for probate. However, full probate is complex and most people hire an attorney. For small estate affidavits and spousal property petitions, many people handle them without an attorney.

California law sets statutory attorney fees: 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9 million. For a $500,000 estate, statutory fees would be $13,000 for the attorney plus $13,000 for the executor.

Yes, California courts offer fee waivers for those who cannot afford court fees. Use Form FW-001 (Request to Waive Court Fees) and provide documentation of your financial situation.

Yes, court filing fees are uniform across California per the Uniform Civil Fee Schedule. However, publication costs and local filing requirements may vary slightly by county.

California sets small-estate limits by the date of death, not the date you file (Judicial Council form DE-300, which must be attached to the affidavit or petition). For deaths between April 1, 2022 and March 31, 2025, the small estate affidavit limit is $184,500 and the small-value real-property affidavit limit is $61,500. The $750,000 primary-residence petition does not apply; instead, real property can use a Petition to Determine Succession to Real Property (form DE-310) when the combined real and personal property is $184,500 or less. Deaths before April 1, 2022 use lower limits still.