Following the death of a loved one, you may be facing the complex process of probate. You may be wondering, “How much does probate cost in California?” Probate costs vary based on the value of the estate. California uses statutory fees based on the estate’s gross value.

There are also court filing fees and other potential fees, depending on whether any additional work is performed. If you hire a probate lawyer for legal guidance, you also need to consider attorney fees. Costs are paid by the estate before any distributions are made to beneficiaries.

Understanding California Probate Laws

California counties process probate cases in the Superior Court for the county where the deceased lived or owned property. Probate is a complex legal process to distribute assets and settle the estate after someone passes away. Probate court judges are also responsible for settling will disputes.

California probate law is inherently complex, covering asset distribution, guardianship, conservatorship, trusts, and state and federal tax implications. It also covers how wills, trusts, and other documents are created to contain the required information to assign responsibility to process a person’s estate after death.

Read over the Probate Code, and you’ll quickly understand how much the Probate Court is responsible for. It is surprising that nationwide, as of 2025, only 24% of Americans had taken the time to create a will, and 13% had created a trust.

In 2025, California probate courts processed over 42,000 estates. The number continues to rise every year as the population ages and fewer people create estate plans that avoid or reduce probate time. As a California resident, you may be able to help your family avoid the time and cost of probate by hiring a probate lawyer to help create an estate plan.

If you create a valid and legal estate plan with the help of a qualified probate lawyer, you save money on costs and reduce the workload of an already overwhelmed California probate court system. Additionally, your beneficiaries receive the full value of their inheritance rather than paying court fees and other costs.

Legally Avoiding Probate in California

There are legal alternatives to going through the costly probate process. It starts by estimating the value of your full estate. Your full estate includes your main residence, any other real estate property, bank accounts, retirement accounts, debts, and all other financial assets.

Estates where the main residence is valued under $750,000 are exempt from the full probate process and instead use Summary Succession. The same applies to estates where the personal property value is under $208,850. Summary Succession saves the estate money and returns more to the beneficiaries.

Another option is to accumulate assets in retirement accounts like IRAs, 401(k)s, or pensions that distribute assets to named beneficiaries. The same applies to life insurance policies, investment accounts, savings, CDs, and bank accounts. Bank accounts can be made into Pay on Death (POD) accounts. POD accounts with a named beneficiary automatically grant access upon presentation of a death certificate and a valid ID.

For those with estates with high assets, a wise option is to reach out to a probate attorney to create a revocable, or living trust. A living trust allows you to control your assets during your life. You appoint a trustee who then takes over management of the trust and distributes assets as directed in the trust. Living trusts are exempt from the probate process. They cost more to initially create, but may save you money when compared to the cost of a long probate process.

Hire a Probate Lawyer

A probate lawyer can create an estate plan that protects your assets and controls their distribution when you die. This legal professional can be an invaluable asset when choosing an estate planning option that fits you and your family’s needs.

Paul V.L. Campo Attorney at Law can discuss your wishes with you and provide you with legal estate planning options that are most suitable for your estate and help you reach your goals. He has been assisting families in California for over three decades, so you can feel confident he can handle all your estate plan questions, no matter how complex.

FAQs

Q: Who Pays Probate Attorney Fees in California?

A: In California, the estate pays for probate attorney fees. California law sets statutory fees based on the value of the estate. In some cases, the named personal representative pays the attorney upfront and then is reimbursed by the estate. During the probate process, if a personal representative or executor is found to be concealing property or acting in bad faith, they may be ordered to pay the fees with personal assets.

Q: Do I Need a Lawyer for Probate in California?

A: You are not legally required to have a lawyer for probate in California. However, a probate lawyer helps avoid legal disputes, represents your interests, files the required forms, and pays court fees. Essentially, a probate lawyer does the probate work for you so you can focus on your family.

Q: How Much Does an Estate Have to Be Worth to Go to Probate in California?

A: Estates of any value can go to probate in California. However, a person can opt to skip the full probate process when the personal property value is at or under $208,850, or the main residential home value is at or under $750,000. Beneficiaries can also request the court to ask for the person’s real property if the value is under $69,625.

Q: How Long Does the Average Probate Process Take to Complete in California?

A: The average time frame for the probate process can vary in California, depending on the complexity of the estate and the presence of a valid will. It can take longer for estates with multiple financial assets and no will. Without a valid will, the court must decide on how to distribute the funds. The schedule of the court can also affect how long probate takes.

Why Choose Us?

Paul V.L. Campo Attorney at Law offers his clients quality legal guidance backed by 30 years of experience in California. We can help you develop a comprehensive estate plan that protects your assets now and for your beneficiaries in the future. Our legal team can help ensure your estate plan meets all the legal requirements in California while protecting your estate. Contact us for a consultation today.