What California Probate Costs and How Long It Takes

California probate fees for the attorney and the executor are set by statute, not negotiated. They are calculated as a percentage of the gross value of the estate — gross, meaning before subtracting the mortgage. A house worth $700,000 with $500,000 still owing is counted at $700,000, which surprises most families.

How the statutory fee works

California Probate Code sets a sliding scale of ordinary compensation based on the estate’s gross value. The attorney is entitled to that amount, and the executor is entitled to the same amount again if they choose to take it. On top of that, the court can approve extraordinary fees for work outside the ordinary course — selling real property, litigating a contested claim, running a business the deceased owned, or handling complex tax issues.

Because the scale is fixed by statute, the headline attorney fee is the same wherever you go in California for an estate of the same size. What differs is competence, responsiveness, and whether the case gets moved along or sits.

The other costs

• Court filing fees — charged at the petition stage and again at final distribution
• Publication in a newspaper of general circulation
• The probate referee’s fee for appraising non-cash assets
• A probate bond, unless the will waives it or all beneficiaries agree
• Certified copies of Letters

How long it takes

A straightforward, uncontested California probate typically runs several months to over a year. The floor is set by the statutory creditor claim period, which has to run before the estate can close, and by the local court’s hearing calendar. Anything contested, anything involving a property sale, and anything with unclear heirs takes considerably longer.

How to avoid it next time

Probate is avoidable with planning. A properly funded revocable living trust keeps assets out of probate entirely. So do beneficiary designations on accounts and, for real property, a correctly prepared transfer-on-death deed. The mistake people make is creating a trust and never transferring the house into it — an unfunded trust does not avoid probate.

Speak to the Ontario office

Hedtke Law Group has an office in Ontario serving Ontario, Montclair and Ontario Ranch.

Hedtke Law Group — Ontario
337 N Vineyard Ave, Suite 400, Ontario, CA 91764
Phone: (909) 457-0163
Website: bankruptcyattorneyinontario.com

Closer to Fontana? Our Fontana probate attorney office serves Fontana, Rialto, Colton, Bloomington and Jurupa Valley, and our wills and trusts team can set up a living trust so your family avoids probate altogether.