Probate fees for an uncontested probate are statutory in nature and set by the California Probate Code. (Cal. Probate Code § § 10810, 10811.) Fees are based on the total market value of the assets subject to probate. Probate fees are usually paid out of the late loved one’s estate. Most probates cost between 5% and 8% of the total estate value, depending on the size of the estate. Please call our warm Client Services Director for more information on probate costs.