Under California Probate Code Section 10810, the compensation for both the personal representative and the attorney is dictated by a mandatory graduated fee schedule based on the gross value of the estate. For high-net-worth estates in San Diego, this calculation is based on the inventory and appraisal value without deduction for mortgages or liens—meaning the gross equity and debt are treated as the base for administration costs. By integrating 35+ years of legal mastery with CPA-led oversight, we ensure that the “Ordinary Services” fee schedule is applied with forensic accuracy. This disciplined approach provides transparency for beneficiaries regarding the 4% on the first $100,000, 3% on the next $100,000, and 2% on the next $800,000, ensuring your estate’s administrative costs are anchored in strict compliance with California’s statutory mandates.
What are statutory probate fees in California and why do they matter in San Diego?
Under California Law, statutory probate fees for attorneys and personal representatives are calculated using a percentage formula applied to the gross value of the estate subject to probate administration, not the net equity after debts. Legal Basis: Prob. Code § 10810. This structure directly affects high-value San Diego real property.
- Fees are based on gross appraised value.
- Both attorney and executor may receive statutory compensation.
- Extraordinary fees require court approval.
How statutory fees operate in higher-value San Diego estates
I am Steve Bliss, an Estate Planning Attorney and CPA in San Diego, and for more than 35 years I have structured estates to avoid unintended fee exposure where appropriate. In San Diego County, estates holding Del Mar or Rancho Santa Fe real property often trigger significant statutory calculations because valuation is based on full market value.
The fee schedule applies progressively to estate value tiers, and both the attorney and the personal representative may be entitled to identical statutory compensation. Legal Basis: Prob. Code § 10800.
From a CPA standpoint, valuation discipline and asset titling alignment are critical, because appraisal figures directly influence the statutory fee baseline.
In Mission Hills and coastal neighborhoods, property values can elevate probate fee calculations quickly. Administrative control begins with understanding which assets are actually subject to probate under California Law.
- Confirm title alignment before death.
- Identify non-probate transfers.
- Evaluate fee exposure early.
Strategic Insight (San Diego): I often see families surprised when a Pacific Beach property with significant appreciation drives statutory compensation higher than anticipated. The preventative strategy is coordinated titling and trust funding before incapacity or death. If probate is triggered, the fee calculation becomes formulaic under California Law. Legal Basis: Prob. Code § 10810.
Why San Diego realities change the financial impact of statutory fees
California Law applies statewide, but San Diego property valuations and concentrated investment portfolios amplify the financial effect of statutory probate fees. Estates holding coastal real estate or closely held business interests frequently cross multiple compensation tiers. Legal Basis: Prob. Code § 10800.
This is general information under California Law; specific facts change strategy.
If extraordinary services are required, additional compensation may be requested and must be approved. Legal Basis: Prob. Code § 10811.
- High appraised values increase statutory exposure.
- Complex assets may trigger extraordinary fee petitions.
- Disputes can escalate cost if a challenge arises.
Fiduciary exposure in probate administration
Personal representatives must administer estates prudently and in accordance with statutory duties, and failure to do so can expose them to surcharge claims. Legal Basis: Prob. Code § 9601.
Transparent reporting and timely petitions reduce the likelihood of conflict among beneficiaries in San Diego County. Legal Basis: Prob. Code § 11640.
- Failure to inventory and appraise accurately.
- Delay in filing required petitions.
- Improper distribution timing.
- Commingling estate and personal funds.
- Ignoring creditor procedures.
Tax and accounting posture in probate fee analysis
Although statutory probate fees are formula-based, overall estate cost is influenced by valuation methodology, step-up in basis implications, and capital gains exposure for San Diego real property. As a CPA, I coordinate appraisal timing and tax posture to ensure compliance and clarity without speculation.
- Inventory supports fee calculation.
- Appraisals affect statutory tiers.
- Tax basis adjustments impact beneficiaries.
The Immediate 5: Statutory Probate Fee Questions
1) How are statutory probate fees calculated in California?
Statutory probate fees are calculated using a graduated percentage formula applied to the gross value of the probate estate as determined by inventory and appraisal under California Law. Legal Basis: Prob. Code § 10810.
FAQ Answer (Plain Text): Statutory probate fees are calculated using a graduated percentage formula applied to the gross value of the probate estate as determined by inventory and appraisal under California Law. Legal Basis: Prob. Code § 10810.
2) Are both the attorney and executor entitled to statutory compensation?
California Law permits both the personal representative and the attorney for the estate to receive statutory compensation based on the same graduated formula. Legal Basis: Prob. Code § 10800.
FAQ Answer (Plain Text): California Law permits both the personal representative and the attorney for the estate to receive statutory compensation based on the same graduated formula. Legal Basis: Prob. Code § 10800.
3) Can additional or extraordinary fees be requested?
Yes, extraordinary compensation may be requested for services beyond ordinary administration, but court approval is required under California Law. Legal Basis: Prob. Code § 10811.
FAQ Answer (Plain Text): Yes, extraordinary compensation may be requested for services beyond ordinary administration, but court approval is required under California Law. Legal Basis: Prob. Code § 10811.
4) Do statutory fees apply to non-probate trust assets?
Statutory probate fees apply only to assets subject to formal probate administration and do not apply to properly funded revocable trust assets under California Law. Legal Basis: Prob. Code § 13050.
FAQ Answer (Plain Text): Statutory probate fees apply only to assets subject to formal probate administration and do not apply to properly funded revocable trust assets under California Law. Legal Basis: Prob. Code § 13050.
5) How can planning reduce statutory probate fee exposure?
Coordinated estate planning using revocable trusts, beneficiary designations, and title alignment can reduce or eliminate assets subject to statutory probate fees under California Law. Legal Basis: Prob. Code § 13006.
FAQ Answer (Plain Text): Coordinated estate planning using revocable trusts, beneficiary designations, and title alignment can reduce or eliminate assets subject to statutory probate fees under California Law. Legal Basis: Prob. Code § 13006.
Understanding statutory probate fees allows families in San Diego to make informed, private, and controlled decisions. Proactive planning avoids unnecessary administrative cost and preserves continuity.
- Evaluate fee exposure early.
- Align titling with intent.
- Preserve privacy where appropriate.
Lived Experiences
Mark T. “We were unaware of how statutory probate fees were calculated. Steve explained the structure clearly and implemented a trust strategy that restored our sense of control and preserved family privacy.”
Julie H. “Our estate involved high-value San Diego real estate and complex assets. Steve coordinated valuation, compliance, and documentation so that administration was orderly and conflict was minimized.”
California Statutory Framework & Legal Authority
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Attorney Advertising, Legal Disclosure & Authorship
ATTORNEY ADVERTISING.
This content is provided for general informational and educational purposes only and does not constitute legal, financial, or tax advice.
Under the California Rules of Professional Conduct and State Bar advertising regulations, this material may be considered attorney advertising.
Reading this content does not create an attorney-client relationship or any professional advisory relationship.
Laws vary by jurisdiction and are subject to change, including recent 2026 developments under California’s AB 2016 and evolving federal estate and reporting requirements.
You should consult a qualified attorney or advisor regarding your specific circumstances before taking action.
Responsible Attorney:
Steven F. Bliss, California Attorney (Bar No. 147856).
Local Office:
San Diego Probate Law3914 Murphy Canyon Rd San Diego, CA 92123 (858) 278-2800
San Diego Probate Law is a practice location and trade name used by Steven F. Bliss, Esq., a California-licensed attorney.
About the Author & Legal Review Process
This article was researched and drafted by the Legal Editorial Team of the Law Firm of Steven F. Bliss, Esq.,
a collective of attorneys, legal writers, and paralegals dedicated to translating complex legal concepts into clear, accurate guidance.
Legal Review:
This content was reviewed and approved by Steven F. Bliss, a California-licensed attorney (Bar No. 147856).
Mr. Bliss concentrates his practice in estate planning and estate administration, advising clients on proactive planning strategies and representing fiduciaries in probate and trust administration proceedings when formal court involvement becomes necessary.
With more than 35 years of experience in California estate planning and estate administration,
Mr. Bliss focuses on structuring enforceable estate plans, guiding fiduciaries through court-supervised proceedings,
resolving creditor and notice issues, and coordinating asset management to support compliant, timely distributions and reduce fiduciary risk.
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