What Does Probate Cost in San Francisco? A Probate Attorney's Guide to California's Statutory Fee Schedule
Probate costs in San Francisco, CA, can surprise families who assumed California's legal system would handle an estate simply and affordably. California sets probate attorney and executor fees by statute, meaning the fees are tied directly to the value of the estate. For anyone searching for help in San Francisco, CA, understanding how those fees are calculated is the first step toward protecting your family's inheritance. Call 415-982-7312 to speak with an experienced attorney who can walk you through what to expect for your specific estate.
How California Calculates Probate Fees
California statutory probate fees are set by law, not by the market. The governing statutes are California Probate Code Section 10800 for executor compensation and Section 10810 for attorney compensation, and the fee schedules are identical.
To calculate the fee, you apply each percentage to the corresponding slice of the estate, not the entire estate. The same schedule sets the probate attorney's fee, meaning the estate effectively pays the percentage twice. These fees come out of the estate before beneficiaries receive their inheritance.
The Statutory Fee Tiers Under California Probate Code §§ 10800 and 10810
California law establishes a tiered statutory fee schedule for ordinary probate services. The personal representative (executor or administrator) and the attorney for the personal representative may each receive compensation calculated using the following rates:
First $100,000: 4%
Next $100,000 ($100,001–$200,000): 3%
Next $800,000 ($200,001–$1,000,000): 2%
Next $9,000,000 ($1,000,001–$10,000,000): 1%
Next $15,000,000 ($10,000,001–$25,000,000): 0.5%
Amounts above $25,000,000: A reasonable amount determined by the court.
These percentages apply progressively to each portion of the estate rather than to the entire estate at a single rate. The statutory fee is calculated separately for the personal representative and the attorney, so combined ordinary statutory fees are generally twice the amount calculated under this schedule. The court may also authorize additional compensation for extraordinary services.
The calculation generally uses the value of estate assets accounted for under the statute, without deducting mortgages or other encumbrances. Consult a qualified California probate attorney to understand how these rules apply to a particular estate.
Why San Francisco Estates Face Higher Probate Costs
San Francisco's high property values can contribute to substantial probate fees. As of September 2026, Zillow reports a typical San Francisco home value of approximately $1.44 million, putting a property of that value into the higher tiers of California's statutory probate fee schedule.
California probate fees are generally calculated using the gross appraised value of qualifying estate property, without deducting mortgages or other encumbrances. For example, if a home is appraised at $1,000,000 and has a $600,000 mortgage, the mortgage generally does not reduce the property's value for statutory fee calculations.
This can be particularly important for families inheriting homes in neighborhoods such as the Sunset District, Richmond District, Noe Valley, and Mission Dolores. However, actual probate costs depend on the assets included in the estate and the applicable fee rules. Consulting an experienced probate attorney can help families understand potential expenses and explore appropriate estate planning options.
What Extraordinary Fees Can Add to the Total
The statutory schedule covers ordinary probate administration. Contested estates, tax issues, real property disputes, or complex business interests may generate additional court-approved extraordinary fees under Probate Code Sections 10801 and 10811, on top of the base statutory amount.
How a Living Trust May Help San Francisco Families Avoid These Costs
A properly funded living trust can sidestep the probate fee structure entirely. Because the trust owns your assets rather than you individually, your successor trustee distributes them according to your written instructions when you pass away, without any court involvement. That means no statutory fees, no public court record, and no months-long wait.
For San Francisco homeowners, this planning step may be especially valuable. The state's probate shortcut caps out at a primary residence valued at $750,000 or less. With median home values well above that threshold, most San Francisco families cannot rely on simplified transfer procedures, and a living trust is often the most practical alternative. A qualified probate attorney can evaluate whether a trust, a will, or a combination of tools makes the most sense for your specific situation.
One important caution: a trust that is created but not properly funded does not avoid probate. If a trust is more than five years old, there is a reasonable chance it holds assets that were never transferred into it. Keeping a trust current is just as important as creating one.
What Are Extraordinary Probate Fees in California?
Extraordinary fees are additional compensation that either the attorney or the personal representative may request from the court when work goes beyond routine administration. California Probate Code Sections 10801 and 10811 allow for these fees, but they require a court order justified by actual services performed, such as handling disputed creditor claims, managing real property during a lengthy administration, or resolving title issues on San Francisco real estate.
Does a Will Avoid California Probate?
No. A will must go through California probate court; a properly funded living trust does not. A will directs how assets are distributed but does not eliminate the court process or the statutory fees tied to it. For San Francisco residents with real estate in neighborhoods such as Pacific Heights, Cole Valley, or the Outer Sunset, relying on a will alone typically means the estate will be subject to the full statutory fee schedule.
Are California Statutory Probate Fees Negotiable?
Ordinary California probate fees under Probate Code 10800 and 10810 are set by statute, but attorneys can agree to accept less and executors can waive their fee entirely. The statutory amount is the legal default, and families should not assume fees will be reduced without a prior written agreement.
Take the Next Step With a Probate and Estate Planning Attorney
Catherine Yee, Attorney at Law, has been serving the Bay Area in estate planning and probate law since 1991. The firm's Financial District office, conveniently located near Chinatown and accessible by cable car and public transit, serves San Francisco families seeking clear, practical guidance. Ms. Yee offers consultations in English, Cantonese, Mandarin, and Toishan.
To discuss how California's probate fee structure applies to your estate and whether a living trust may help your family, contact the firm or explore the firm's estate planning services. Call 415-982-7312 to schedule a consultation with a probate attorney who understands the unique challenges facing San Francisco families.
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