You Don't Need a Large Estate to End Up in Probate

In California, probate is not triggered by wealth. It is triggered by ownership.

Certain assets can trigger a probate estate depending on how they are titled and how beneficiaries are designated.

What typically triggers probate?

Real Estate

Titled to you alone

Bank Accounts

Without POD / beneficiary

Retirement Accounts

Without named beneficiary

Personal Property

Vehicles, valuables, etc.

What Counts as an Estate?

Here is a representative example. It is calculated using California's Probate Code thresholds, in 2024.

A Representative ExampleBest-Case Estimate

California home value$900,000

Net accounts after bills$75,000

Bank accounts and savings$40,000

Personal property$25,000

Total Estate Value$1,040,000

California thresholds: full probate applies above $184,500. Note that statutory fees are based on the gross value, not net after mortgage.

A home, a few accounts, and a family car can be enough to put your estate into court.

What Probate Costs By Law

A large portion of probate fees follow a statutory schedule.

These fees are set by California law, not by your attorney.

Statutory attorney fees

Calculated on gross estate value

Statutory executor fees

Same bracket schedule as attorney

Court filing fees

Hundreds to thousands of dollars

Probate referee appraisal

Required for most assets

Publication and administration costs

For certain cases and situations

Statutory fee schedule: California Probate Code §10800. Fees apply to both attorney and executor separately.

A Realistic Probate Cost Illustration

For an estate valued at about $1,000,000, here is what fees could look like.

Statutory Attorney Fee

~$23,000

Based on gross estate

Statutory Executor Fee

~$23,000

Same bracket schedule

Court and Admin Costs

$2,000–$4,000

Court fees, appraisals, etc.

Estimated Total Probate Cost

$38,000 – $45,000

~3.8%–4.5% of gross estate
on top of the mortgage

Note: Fees are calculated on the gross value of the home, not the net equity. If there is a mortgage, the full home value is still used for fee calculations.

What Probate Really Means for Families

Beyond the financial costs, probate creates real practical burdens for grieving families.

No immediate access

Family members cannot access accounts, sell property, or pay bills from the estate while it is in probate.

Court involvement required

Every significant decision requires court approval. Simple tasks become complicated legal processes.

Public record

Your assets, debts, and family details become part of a public court file anyone can access.

Months of delay

The average California probate takes 16 to 24 months. More complex estates can take years.

More cost over time

Delays mean ongoing costs — from carrying costs on real estate to professional fees that continue to accrue.

Prevention: A Living Trust

A living trust is designed to keep families out of probate court and give instructions that work immediately when needed.

Without a Probate Plan

Court involvement, public record
Months or years of delay
High statutory fees
Family conflict over decisions
No immediate access to assets

With a Trust Planning Path

Assets transfer without court
Family has immediate access
Private, confidential process
Clear instructions for every asset
Fractions of the cost

A trust does not eliminate all costs. It prevents unnecessary court involvement and reduces avoidable burdens. You can also use our to estimate what probate could cost your specific estate.

Estate planning is not about how much you own. It is about protecting what you have built.

No pressure, no commitment. Just a conversation about what makes sense for your family.