Many California families assume that having a will is enough to simplify matters after death. Unfortunately, that is often not the case.

Whether your loved one dies testate (with a will) or intestate (without a will), assets titled solely in that individual’s name will generally still pass through the California probate process. Probate is the court-supervised legal proceeding used to validate a will, appoint a personal representative, pay creditors, and ultimately distribute assets to beneficiaries.

In California, probate is not only time-consuming—it can also be remarkably expensive.

For most estates, the probate process takes approximately twelve to sixteen months, and complex estates can remain tied up in court significantly longer. During this time, the court oversees virtually every major step in the administration process, including appointment of the executor, notice requirements, creditor claims, accountings, and final distributions.

What many families do not realize is that California law also mandates statutory compensation for both the personal representative (executor or administrator) and the probate attorney.

How California Probate Fees Work

Under California Probate Code § 10800, the personal representative of an estate is entitled to compensation based on the gross value of the probate estate—not the net value after debts or mortgages are deducted.

This distinction is critical.

For example, a home worth $1 million with an $800,000 mortgage is still treated as a $1 million probate asset for purposes of calculating fees.

The statutory fee schedule is as follows:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million
0.5% of the next $15 million
A court-determined “reasonable” fee for amounts exceeding $25 million
Because the probate attorney is generally entitled to the same statutory compensation, these fees are often effectively doubled.

Example: A $500,000 Probate Estate

For a probate estate valued at $500,000, the statutory executor fee would be calculated as:

Estate Portion Percentage Fee
First $100,000 4% $4,000
Second $100,000 3% $3,000
Remaining $300,000 2% $6,000
Total Executor Fee $13,000
In many cases, the probate attorney is also entitled to another $13,000.

That means a relatively modest $500,000 estate may incur:

• $13,000 in executor fees
• $13,000 in attorney fees
• court filing fees
• appraisal fees
• publication costs
• additional administrative expenses before beneficiaries receive distributions.

And again, these fees are based on the gross estate value, not what beneficiaries actually inherit.

Why Trust-Based Planning Changes the Equation

A properly created and funded revocable living trust is designed specifically to avoid probate. Instead of requiring court supervision, assets held in trust are managed privately by the successor trustee chosen by the creator of the trust. This distinction creates several major advantages:

• no lengthy probate court process
• faster access to assets
• greater privacy
• fewer procedural delays
• significantly lower administrative costs
• Most importantly, successor trustees are not compensated under California’s probate fee statute.

Instead, trustee compensation is governed either by the terms of the trust itself (California Probate Code § 15680), or a “reasonable” fee standard under California law

Under California Rules of Court 7.776, courts evaluating trustee compensation may consider:

• the size of the trust estate
• the time involved
• the complexity of administration
• the trustee’s level of responsibility
• whether work performed was ordinary or extraordinary
• In practice, successor trustee compensation is often roughly 1–2% of the estate value.

Example: A $500,000 Trust Estate

Using the same $500,000 estate:

Estate Value Estimated Trustee Fee Amount
$500,000 1% $5,000
$500,000 2% $10,000

Even at the higher end of that range, trust administration costs are often substantially lower than full probate administration.

The Real Benefit Is More Than Cost Savings. The financial difference matters—but for many families, the emotional and practical difference matters even more.

• Probate is public. Trust administration is private.
• Probate requires ongoing court oversight. Trust administration generally does not.
• Probate often delays access to assets for over a year. Trust administration can often proceed much faster.
• During periods of grief, families are already dealing with emotional stress, financial uncertainty, and major life transitions. A lengthy court proceeding only adds another layer of difficulty.

A Trust Must Be Properly Funded

Of course, simply signing a trust is not enough. For a trust to avoid probate, assets must be properly transferred into the trust during the creator’s lifetime. This process—known as “funding” the trust—is one of the most important parts of estate planning and one of the most commonly overlooked. Unfunded or partially funded trusts can still result in probate proceedings despite the existence of trust documents.

Estate Planning Is About More Than Documents

At Tyre Law Group PC we help California families create coordinated estate plans designed not only to exist on paper—but to function effectively when they are actually needed. That includes:

• revocable living trusts
• wills
• incapacity planning
• trust funding
• successor trustee planning
• probate avoidance strategies

Because the right estate plan can save your family not only thousands of dollars—but months of court involvement and unnecessary stress.