One of the most common concerns for heirs is understanding what probate costs and who pays for what. Here's a breakdown of the typical fees and expenses associated with probate real estate sales in California.
Court Fees
The probate court charges filing fees based on the estate value. For a typical San Diego probate case, these range from $400 to $1,000 depending on complexity. There may also be fees for certified copies, publishing notices, and other administrative costs.
Probate Referee Fee
California requires a probate referee to appraise non-cash assets (including real estate) for the Inventory and Appraisal (DE-160). The referee's fee is typically 0.1% of the appraised value of the property. This is paid from estate funds.
Real Estate Commission
The real estate commission for a probate sale is negotiated with the listing agent and is typically similar to standard transactions — often around 5-6% total (split between listing and buyer's agent). This is paid at closing from the sale proceeds. At SoCal Probate Homes, our standard commission is 2.5%, with no upfront costs or hidden fees.
Carrying Costs
While the property is in probate, ongoing costs continue: mortgage payments, property taxes, HOA dues, insurance (often requiring vacant home coverage), utilities, and maintenance. These costs can add up significantly during a 6-12 month probate process and should be factored into the decision about pricing and timing.
Attorney Fees
Probate attorney fees in California are set by statute based on the gross value of the estate (not including the personal residence if passed to a spouse). For a $1 million estate, statutory fees are approximately $23,000. These fees are paid from estate assets and cover the legal work of administering the probate.
Can the Real Estate Agent Help Reduce Costs?
Yes. An experienced probate specialist can help minimize carrying costs by pricing the property appropriately from the start, coordinating efficiently with the probate attorney, and managing the sale timeline to avoid unnecessary delays. A faster sale means fewer months of mortgage payments, taxes, and insurance.