About the Probate Fee Calculator
Probate costs depend heavily on where the estate is administered. In California, the attorney and the personal representative (executor) are each entitled to a statutory fee set by Probate Code sections 10810 and 10800: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. The fee is based on the gross value of the estate, before mortgages or other debts are subtracted, which is why California probate is famously expensive.
In Ontario, the court does not set lawyers’ fees but the province charges estate administration tax (often called probate tax) when a certificate of appointment is issued: nothing on the first $50,000 and $15 for every $1,000 or part of $1,000 above that.
Use this calculator to estimate the cost of probate before deciding whether a living trust, joint ownership or beneficiary designations would be worth setting up, or to check an attorney’s fee quote. California fees above $25 million and fees for "extraordinary services" are set by the court, and court filing, publication and appraisal costs are extra — add those in the other-costs field.
With the default inputs, the estimated total probate cost is $26,000.00. Change any value above to recalculate instantly.
How to use the probate fee calculator
- 1Choose California or Ontario.
- 2Enter the gross value of the assets that will go through probate.
- 3In California, decide whether the executor will claim the statutory fee.
- 4Add known court, publication and appraisal costs.
- 5Review the total and the tier-by-tier breakdown.
Formula and method
California’s statutory compensation for ordinary services is a sliding scale applied to the value of the estate accounted for: the inventory and appraisal value, plus gains on sales and receipts, minus losses on sales, without deducting encumbrances. The same schedule applies separately to the attorney and to the personal representative, so an estate where both take fees pays roughly double. Extraordinary services (litigation, selling a business, tax disputes) can be billed on top with court approval.
Ontario’s estate administration tax has no tax on the first $50,000. Above that, the estate value is rounded up to the next $1,000 and taxed at $15 per $1,000, an effective 1.5% on the excess. Debts secured against real estate in the estate can be deducted from the value; other debts cannot.
- Value
- Gross value of the estate subject to probate
- ⌈ ⌉
- Round up to the next whole number
Worked examples
$500,000 California estate, attorney and executor both paid
4% of $100,000 ($4,000) + 3% of $100,000 ($3,000) + 2% of the remaining $300,000 ($6,000) = $13,000 for the attorney and the same for the executor, $26,000 in total — 5.2% of the estate.
$1.2 million California home, executor waives the fee
The attorney fee is $4,000 + $3,000 + $16,000 (2% of $800,000) + $2,000 (1% of the last $200,000) = $25,000. With the executor waiving their fee and $1,500 of court and publication costs, the total is $26,500.
Ontario estate worth $239,250
The value rounds up to $240,000. The first $50,000 is tax-free, and the remaining $190,000 is 190 units of $1,000 at $15 each = $2,850, matching the $240,000 worked example on the Ontario government’s estate administration tax page.
Frequently asked questions
How much are probate fees in California?+
Statutory attorney fees are 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. The executor is entitled to the same amount, so a $500,000 estate can pay $26,000 before court costs.
Are California probate fees based on the gross or net estate?+
Gross. Probate Code §10810 calculates fees on the appraised value without reference to encumbrances, so a $1 million house with an $800,000 mortgage still generates fees on $1 million.
How is Ontario estate administration tax calculated?+
There is no tax on the first $50,000 of the estate. Above that you pay $15 per $1,000 or part of $1,000, which works out to about 1.5% of the value over $50,000. The tax is paid when applying for a certificate of appointment of estate trustee.
How can I avoid probate fees?+
Assets in a revocable living trust, joint tenancy with right of survivorship, payable-on-death or transfer-on-death accounts, and retirement accounts or life insurance with named beneficiaries pass outside probate and are not counted in statutory fees or estate administration tax.
Can a probate attorney charge less than the statutory fee?+
Yes. The statutory schedule is the maximum for ordinary services, and you can negotiate a lower fee in writing. An attorney cannot charge more for ordinary services without court approval of extraordinary fees.
Results are general estimates and not legal advice. Laws vary by jurisdiction — consult a qualified attorney.