How Much Does Probate Cost in California and New York
If you own a home in California or New York and haven't set up a trust, your family could lose $46,000 or more to probate on a $1 million estate before receiving a single dollar. For couples and families planning together, understanding these costs now is the difference between a smooth transfer of assets and months of court proceedings that drain the estate. Probate is the court-supervised process for distributing a deceased person's property and settling debts, and both states have some of the highest costs in the country. This guide walks through the actual fee schedules, court costs, and executor commissions for 2024-2025 so you can plan ahead with the right professionals.
Key takeaways
- California sets statutory probate fees on the gross estate value: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9 million (Probate Code sections 10800 and 10810).
- Both the attorney and the executor each receive the full statutory fee separately, so a $1 million California estate generates roughly $46,000 in combined statutory fees ($23,000 each).
- New York has no percentage-based attorney fee. Attorneys charge reasonable compensation under SCPA 2110, typically 2% to 4% of estate value, plus statutory executor commissions under SCPA 2307 (5% on the first $100,000).
- California fees are based on gross value, so a $500,000 home with a $400,000 mortgage still counts as $500,000 for fee purposes.
- Simplified procedures apply to California estates under $208,850 (deaths on or after April 1, 2025) and New York estates under $50,000, avoiding full probate.
- A living trust, beneficiary designations, and jointly held property can keep assets out of probate entirely, and estate planning works best as a decision couples make together.
What Probate Actually Costs in California and New York
A $1 million estate in California typically generates about $46,000 in statutory fees alone, split evenly between the attorney and the executor. In New York, a typical estate worth $500,000 to $1.5 million runs between $15,000 and $60,000 in total probate costs before beneficiaries receive anything.
The two states get there very differently. California uses a fixed statutory percentage schedule set by law, calculated on the gross value of the estate. New York uses a reasonable compensation standard for attorneys (no set percentage) combined with statutory executor commissions and court filing fees scaled to estate size.
That structural difference matters when you're deciding how to plan. If you and your partner own property in either state, the numbers below help you see what your family would actually pay, and why so many couples choose to structure assets so they never enter probate at all. Working with an experienced estate attorney early gives you the clarity to make those decisions together.
How California Statutory Probate Fees Work
California is one of a handful of states that calculates probate fees as a percentage of the gross estate value rather than leaving it to the court's discretion. California Probate Code section 10810 sets the attorney's ordinary compensation, and Probate Code section 10800 sets the executor's (called the personal representative's) compensation using the same tiered schedule.
| Gross Estate Value | Statutory Rate | Fee on This Tier |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | $16,000 |
| Next $9,000,000 | 1% | up to $90,000 |
| Next $15,000,000 | 0.5% | up to $75,000 |
| Over $25,000,000 | Reasonable amount set by the court | Varies |
Here's the part that surprises most families: both the attorney and the executor each receive the full statutory fee. So whatever you calculate from the schedule, double it to get the combined total. On a $1 million estate, the attorney's fee is $23,000 and the executor's fee is $23,000, for $46,000 in ordinary statutory fees.
The fee base is gross value, not net. That means debts don't reduce it. A $500,000 home carrying a $400,000 mortgage still counts as $500,000 for fee purposes, even though the actual equity is only $100,000. This is a big reason California probate feels expensive relative to what the family actually inherits.
How New York Probate Fees Work
New York takes a different approach entirely. There's no percentage-of-estate attorney fee. Instead, SCPA section 2110 allows attorneys reasonable compensation, which in practice usually runs 2% to 4% of the estate's value. For a $500,000 estate, attorney fees generally land between $10,000 and $20,000.
The Surrogate's Court (New York's probate court) charges a filing fee scaled to the gross value of the probate estate under SCPA section 2402.
| Probate Estate Value | Surrogate's Court Filing Fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 to $19,999 | $75 |
| $20,000 to $49,999 | $215 |
| $50,000 to $99,999 | $280 |
| $100,000 to $249,999 | $625 |
| $250,000 to $499,999 | $625 |
| $500,000 and over | $1,250 |
Executor commissions are set by statute under SCPA section 2307: 5% on the first $100,000, 4% on the next $200,000, and 3% on the next $700,000, with lower rates on amounts above that. Unlike California, the attorney and executor don't both collect the same percentage.
Where you file matters too. Attorneys in the New York City area typically bill hourly, while some upstate firms use percentage fees in the 3% to 7% range. Ask any attorney how they bill before you engage them.
California vs New York Probate Cost Comparison
| Factor | California | New York |
|---|---|---|
| Fee model | Statutory percentage on gross value | Reasonable compensation + statutory commissions |
| Attorney fees | Statutory (4%/3%/2%/1% schedule) | Reasonable, typically 2%-4% |
| Executor commissions | Same statutory schedule as attorney | SCPA 2307: 5%/4%/3% tiers |
| Court filing fee | About $435 | $45-$1,250 (SCPA 2402) |
| Typical timeline | 9-18 months | 8-18 months |
Estimated total probate costs by estate size:
| Estate Size | California (approx.) | New York (approx.) |
|---|---|---|
| $250,000 | $15,000-$20,000 | $8,000-$15,000 |
| $500,000 | $28,000-$35,000 | $15,000-$25,000 |
| $1,000,000 | $46,000-$55,000 | $30,000-$45,000 |
| $2,000,000 | $66,000+ | $50,000-$70,000 |
Simplified procedures can avoid full probate for smaller estates. In California, a small estate affidavit is available for estates under $208,850 for deaths on or after April 1, 2025 ($184,500 for earlier deaths), with no court filing fee. In New York, estates under $50,000 may qualify for a voluntary administration proceeding that saves months of time and thousands in fees.
Additional Probate Costs Beyond Attorney and Court Fees
The statutory and court fees are only the starting point. In California, a probate referee (a court-appointed appraiser) values non-cash assets and charges 0.1% of the appraised value. You'll also pay newspaper publication fees for the required legal notice, plus a bond premium if the court requires the executor to post a surety bond.
In New York, expect appraisal costs for real estate and business interests, ongoing property maintenance and insurance while the estate is open, and potential litigation costs if there's a will contest, a creditor dispute, or a tax audit. Contested matters can multiply total costs quickly.
Both states also allow extraordinary fees for work that goes beyond routine administration, such as selling real property, handling tax litigation, or managing a business. In California, these are billed hourly on top of the statutory fees (Probate Code sections 10801 and 10811). Budget for them if your estate has complexity.
How Couples and Families Can Plan Around Probate Costs
Most of these costs are avoidable with planning done ahead of time. A revocable living trust holds your assets so they pass to your beneficiaries without going through probate at all. Beneficiary designations on retirement accounts and life insurance, along with jointly held property with rights of survivorship, also pass outside probate. These tools let a $1 million estate transfer to your family without the $46,000 California statutory hit.
The strongest plans are the ones couples build together. When you and your partner map out how your assets should transfer, name guardians, and align on tax strategy, you create clarity for the whole family and remove the guesswork later. It's a partnership decision, not a solo task.
Neptune pairs couples and families with experienced attorneys (20+ years), CFPs, and CPAs, and manages the full process from start to finish. Instead of coordinating separate professionals yourself, you get one team that handles trusts, beneficiary planning, and tax questions together. Neptune's guided education helps you understand the tradeoffs, like how a trust compares to a will for your specific situation, before you make any decision. Couples who plan together, grow together.
Frequently asked questions
Are probate fees calculated on the gross or net value of the estate?
In California, statutory probate fees are calculated on the gross value of the estate, meaning debts and mortgages don't reduce the fee base. A $500,000 home with a $400,000 mortgage still generates fees on the full $500,000. New York court filing fees and executor commissions are also based on gross probate estate value.
Do both the attorney and executor receive separate fees in California?
Yes. Under Probate Code sections 10800 and 10810, both the attorney and the executor (personal representative) each receive the full statutory fee separately. On a $1 million estate that's $23,000 each, for a combined $46,000 in ordinary statutory fees.
Does New York charge a percentage-based probate attorney fee like California?
No. New York uses a reasonable compensation standard under SCPA section 2110 rather than a fixed percentage. Attorney fees typically run 2% to 4% of estate value, with New York City attorneys usually billing hourly and some upstate firms using percentages of 3% to 7%.
How long does probate take in California and New York?
California probate generally takes 9 to 18 months for a full proceeding. New York probate typically runs 8 to 18 months. Contested matters, tax audits, or complex assets can extend either timeline considerably.
Can a living trust help my family avoid probate costs entirely?
In most cases, yes. Assets held in a properly funded revocable living trust pass to beneficiaries without going through probate, avoiding statutory attorney fees, executor commissions, and court costs. This is why many families in high-cost states like California and New York choose to set up a trust with an experienced attorney.
What estate size qualifies for simplified probate in California and New York?
California allows a small estate affidavit for estates under $208,850 for deaths on or after April 1, 2025 ($184,500 for earlier deaths), with no court filing fee. New York offers a voluntary administration proceeding for estates under $50,000, which saves both time and fees.
Are executor commissions taxable income?
Yes. Executor commissions are generally treated as taxable income to the person receiving them, whether in California or New York. Some family members who serve as executor choose to waive the commission, especially when they're also a beneficiary, since an inheritance is generally not taxed as income. Confirm the specifics with a CPA.
Who pays probate costs, the estate or the beneficiaries?
Probate costs are paid from the estate itself before assets are distributed. This means beneficiaries receive whatever remains after attorney fees, executor commissions, court fees, and other expenses are deducted. Reducing probate through planning increases what your family ultimately inherits.
Written by
Ronke Oyekunle
Co-Founder & COO, Neptune
Reviewed by
Michael Cotugno, Esq.
Managing Partner, Neptune Legal · 30+ years practicing family law
Michael has been practicing family law for more than 30 years and as Managing Partner of Neptune Legal, he is widely recognized for his expertise in premarital agreements and estate plans. After spending the first two decades of his career handling family law litigation, he saw firsthand the emotional and financial costs couples often face when issues are not clearly addressed early on. This experience led him to focus his practice on helping clients proactively create thoughtful, well-structured agreements.