Article
September 16, 2025
5 minutes

The Hidden Costs of Probate in California: Time, Money, and Privacy

Christopher Ironroad

President & Founding Attorney

When a loved one passes away, families in California often find themselves not only grieving, but also navigating the court system through a process called probate. On paper, probate may sound straightforward: the court validates a will, ensures debts are paid, and distributes assets. In practice, however, probate often carries hidden costs that go far beyond the statutory fees printed in the Probate Code. These costs show up in lost time, reduced inheritance, and an unexpected loss of privacy.

The most visible cost of probate is financial. California’s statutory fee schedule sets compensation for both the attorney and the personal representative as a percentage of the gross value of the estate — not the net. That means if your parent owned a $1.2 million home in Orange County with a mortgage, the fees are calculated on the full $1.2 million, not just the equity. Even a modest estate can quickly result in tens of thousands of dollars in required fees, all before accounting for court costs, appraisals, and ongoing administration expenses.

To put this in perspective, under California Probate Code §10810, the statutory fees are:

  • 4% of the first $100,000 of the estate
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9 million

For an estate valued at $1.2 million, the statutory attorney’s fee would be approximately $23,000 — and the personal representative (often a family member serving as executor) is entitled to an equal fee. That means nearly $46,000 in combined statutory fees before considering additional costs such as court filing fees, appraisals, or extraordinary services. In many cases, those fees are paid from estate assets, reducing what heirs ultimately receive.

Equally significant is the cost of time. Probate in California is rarely swift. Even in uncontested cases, the process typically takes nine months to more than a year, and longer if disputes arise or if the estate includes real property that must be sold. During this time, heirs often wait in limbo — unable to fully access their inheritance, uncertain about timelines, and burdened by the emotional weight of an unresolved estate. For families counting on those funds to cover mortgages, tuition, or caregiving expenses, the delay can feel particularly heavy.

Perhaps the most overlooked cost is the loss of privacy. Probate is a public court process, which means the details of your estate — including an inventory of assets, creditor claims, and distributions to heirs — become part of the public record. In communities across Southern California where privacy and discretion are highly valued, this exposure can be uncomfortable. It also opens the door for opportunists, from solicitors to distant relatives, to involve themselves in matters that families would prefer to keep private.

We see the strain these hidden costs place on families. Financial fees can shrink the legacy parents hoped to leave behind. Court delays extend grief into frustration. Public filings make private matters vulnerable. The good news is that with careful planning, probate can often be avoided. Tools such as living trusts, properly structured beneficiary designations, and coordinated estate plans allow assets to pass outside of court, preserving both efficiency and discretion.

Probate is not just a legal process; it is a lived experience for the families left behind. The true cost is measured not only in dollars, but in time lost, privacy compromised, and emotional toll. By planning ahead, you can spare your loved ones those burdens and give them the gift of clarity and peace.

At Golden Grove Law PC, we help California families create estate plans that minimize these hidden costs. With thoughtful design, your legacy can pass to the next generation gracefully — without unnecessary delays, expenses, or exposure.

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