What probate costs in California, and how long it runs in Sacramento
If your parent's house was in their name alone, with no trust and no joint tenant, it goes through probate unless it fits one of the shortcuts for smaller estates. California sets the executor's and the attorney's ordinary fees by statute, as a percentage of the estate. The part that surprises people is that the percentage is figured on the gross value, mortgage and all.
The fee schedule the statute sets
The executor's pay for ordinary work is in Probate Code section 10800, and the attorney's is in Probate Code section 10810. The two use the same ladder:
- 4 percent of the first $100,000
- 3 percent of the next $100,000
- 2 percent of the next $800,000
- 1 percent of the next $9 million
- half a percent of the next $15 million, and above $25 million whatever the court decides is reasonable
The executor gets that amount and the attorney gets that amount. Two fees, one formula.
The base is what the statute calls the estate accounted for: the appraised value of everything in the inventory, plus any gain over appraisal when something is sold, plus receipts, minus any loss on a sale. Then comes the clause that matters for a house. All of that is counted "without reference to encumbrances or other obligations on estate property." A mortgage doesn't shrink the base. Neither does a reverse mortgage or a lien.
On top of the ordinary fee, sections 10801 and 10811 let the court approve extra pay for extraordinary services, in whatever amount the judge finds "just and reasonable." Those amounts aren't on any chart. A judge decides them case by case, so ask the attorney early what they expect to bill as extraordinary.
Worked example. Ordinary fees only, with both the executor and the attorney taking the full statutory amount. Extraordinary fees, the court filing fee and the referee's commission are left out.
| Estate value accounted for | Both fees combined |
|---|---|
| $250,000 | $16,000 |
| $400,000 | $22,000 |
| $500,000 | $26,000 |
| $650,000 | $32,000 |
| $800,000 | $38,000 |
| $1,000,000 | $46,000 |
| $1,500,000 | $56,000 |
Source: Probate Code section 10800 and section 10810, arithmetic checked twice.
The $650,000 line breaks down like this. I ran it by hand, then a second way, and got the same answer both times.
| Slice of the estate | Rate | Executor | Attorney |
|---|---|---|---|
| First $100,000 | 4% | $4,000 | $4,000 |
| Next $100,000 | 3% | $3,000 | $3,000 |
| Next $450,000 (part of the $800,000 band) | 2% | $9,000 | $9,000 |
| Total on $650,000 | $16,000 | $16,000 |
That's $32,000 combined, or about 4.9 percent of the base. Now say the same house carries a $300,000 mortgage. The fees don't change. The base is still $650,000, because the statute ignores the debt. On a house with a big balance owed, the fees take a bigger share of what's actually left.
The percentage drops as the estate grows. On $250,000 the two fees come to 6.4 percent of the base. On $1.5 million they come to about 3.7 percent.
The other costs on a probate file
The statutory fees are the big line. A few smaller ones ride along with them.
The court filing fee for a first petition for letters is $435 under the statewide civil fee schedule effective January 1, 2026. The schedule notes that this fee is different only in Riverside, San Bernardino and San Francisco counties, so in Sacramento it's $435.
The probate referee gets paid too. Referees are appointed by the State Controller, and the court assigns one to appraise everything except the cash-type items the executor values directly. Their commission under Probate Code sections 8961 and 8963 is one-tenth of one percent of what they appraise, never less than $75 and capped at $10,000 unless the court allows more, plus expenses. On a $650,000 house that's $650.
The notice of the hearing has to be published three times in a newspaper, with the first run at least 15 days before the hearing (Probate Code 8121). The Sacramento court keeps a list of newspapers authorized for probate notices. Prices vary by paper, so ask before you pick one.
When the house can skip full probate
The rules got friendlier for a lot of Sacramento families in 2025. For deaths on or after April 1, 2025, the Judicial Council's list of adjusted small estate amounts sets these limits:
| Procedure | Statute and form | Gross value limit | Earliest start | Goes to court? |
|---|---|---|---|---|
| Small estate affidavit for personal property | Probate Code 13100 | $208,850 | 40 days after death | No |
| Petition to determine succession to primary residence | Probate Code 13151, form DE-310 | $750,000, main home only | 40 days after death | Yes, a petition and hearing ($435 fee) |
| Affidavit re real property of small value | Probate Code 13200, form DE-305 | $69,625 for all California real estate | 6 months after death | Filed with the court, with a referee's appraisal attached |
The big change is the middle row. Assembly Bill 2016 raised the cap on the primary residence petition under section 13151 to $750,000 and limited it to the decedent's main home in California. For deaths between April 1, 2022 and March 31, 2025, the same petition topped out at $184,500. The person filing also has to send notice to each heir and beneficiary within five business days of filing.
A few things trip people up here. "Gross" means the mortgage isn't subtracted. And under Probate Code 13050, property held in joint tenancy or in a revocable living trust doesn't count toward these limits at all, because it passes outside probate anyway. Registered cars and boats don't count either.
The small estate affidavit limit has gone up in steps, and which number applies depends on the date of death, not the date you file.
Probate Code 13100. Since 2019 the limit is adjusted every three years for inflation. The next adjustment is set for April 1, 2028.
| Date of death | Gross value limit |
|---|---|
| 1997 to 2011 | $100,000 |
| 2012 to 2019 | $150,000 |
| 2020 to March 2022 | $166,250 |
| April 2022 to March 2025 | $184,500 |
| April 2025 onward | $208,850 |
Source: Sacramento County Public Law Library and the Judicial Council list.
The California Courts self-help page on simple transfers walks through each procedure and links the forms. If the numbers are close, say a house appraised right around $750,000, talk to a probate attorney before you pick a path. Guessing wrong costs you a filing fee and months.
How a Sacramento probate case runs
Probate in Sacramento County goes through the probate division of the Superior Court. The court's probate page links e-filing, the case calendar and probate notes, and the family law and probate self-help center. This is the usual order, with the clock the statute puts on each step.
| Step | What happens | Clock | Where it comes from |
|---|---|---|---|
| 1 | Whoever has the original will delivers it to the court clerk | Within 30 days of learning of the death | Probate Code 8200 |
| 2 | Petition for letters filed | $435 filing fee | Fee schedule |
| 3 | Hearing set | 15 to 30 days after filing (30 to 45 if you ask) | Probate Code 8003 |
| 4 | Notice published three times | First run at least 15 days before the hearing | Probate Code 8121 |
| 5 | Letters issued | The executor can act, and the next clocks start | Court order |
| 6 | Creditor claim period | Later of 4 months after letters or 60 days after notice is mailed to a creditor | Probate Code 9100 |
| 7 | Inventory and appraisal filed, with the referee's values | Within 4 months after letters | Probate Code 8800 |
| 8 | Partial fee allowance can be requested | Any time after 4 months from letters | Probate Code 10830 |
| 9 | Petition for final distribution, or a status report | Within 1 year after letters (18 months if a federal estate tax return is required) | Probate Code 12200 |
Two Sacramento details. First, the inventory step is tied to the property tax paperwork. When the inventory is filed, section 8800 also requires a certification that the change in ownership statement went to the Assessor. Second, the referee isn't picked from a hat. The court's probate referee assignment page lists five referees, and each one takes cases whose numbers end in two particular digits.
Stack the four-month creditor window on top of a hearing that can be up to a month out, and you can see why nobody wraps up a probate estate in a few weeks. The statute expects a final petition or a status report within a year of letters. I'd plan on the year and count anything shorter as luck.
Where selling the house fits
Selling a house out of a probate estate comes with its own notice and court rules, and the attorney should walk you through them before you sign a listing or a purchase contract. That one goes on the ask-the-attorney list.
When my uncle's house was up for sale, the best thing I did was collect more than one number. You can ask an agent for a list-price opinion, get a cash figure from a buyer such as we-buy-houses-sacramento.com, and set them side by side after taking out the costs on this page. If the house is out my way, there are cash buyers in Rancho Cordova who will look at a place in whatever shape the last owner left it, and that's worth knowing when the kitchen is from 1974.
Write the case number on your clipboard the day you file. The last digit tells you which referee will be appraising the house, and that's the person you'll be sending the inventory to inside four months.