Probate cost calculator

What probate actually costs and why it’s so variable

Probate cost depends on three things: the value of the estate, the state you’re in, and how contested the process gets. Total probate expense typically runs 3–8% of gross estate value for uncontested cases, and can exceed 15% if there’s litigation. For a $500,000 estate in California, that’s roughly $26,000–$40,000 in statutory fees alone. For a $500,000 estate in Texas with independent administration, total costs might land under $5,000.

The “avoid probate at all costs” advice you see online is state-specific. Probate is truly expensive in a handful of states and trivially cheap in others. Knowing your state’s regime determines whether setting up a trust is worth the $2,000–$5,000 cost during life.

How attorney fees are calculated by state

Two main models, dramatically different outcomes:

Statutory percentage fee states (California, Florida, Iowa, Missouri, Montana, Wyoming, Arkansas): The attorney’s fee is set by statute as a sliding percentage of the estate’s gross value, regardless of how much work the case actually requires.

California’s statutory schedule is the most famous:

• 4% of the first $100,000 = $4,000
• 3% of the next $100,000 = $3,000
• 2% of the next $800,000 = $16,000
• 1% of the next $9 million
• 0.5% of the next $15 million

A $1 million California estate pays $23,000 in statutory attorney fees — and the executor gets the same fee on top ($23,000 more), for $46,000 in combined statutory commissions. Most California executors waive their fee to avoid taxable income, but the attorney fee is real money.

Reasonable fee states (most states including Texas, New York, Ohio, Illinois, Georgia): The attorney bills hourly ($200–$500/hour) or a flat fee, and the court reviews for reasonableness. A simple probate of a $500,000 estate might run 15–30 hours at $300/hour — $4,500–$9,000 total.

Court filing fees and required costs

• Filing fee: $150–$800 depending on state and estate size. Some states scale fees with estate value (California uses a sliding scale up to $1,200 for estates over $10 million).
• Publication / notice to creditors: $100–$400 for newspaper publication, required in most states to cut off creditor claims.
• Certified letters testamentary: $10–$50 each, and you’ll need 5–10 copies to deal with banks, brokerages, DMV, etc.
• Bond: If required, premiums run 0.5–1% of estate value per year. Often waived by the will.
• Appraisal: $300–$500 per real estate parcel, more for business interests or collectibles.
• Accounting / tax preparation: Final personal income tax return plus estate income tax (Form 1041) runs $500–$3,000.

The executor commission nobody explains

Executors (called personal representatives in most states) are entitled to a commission from the estate. In percentage-fee states, the executor gets the same statutory percentage as the attorney. In reasonable-fee states, it’s usually a different percentage schedule:

• New York: 5% on first $100K, 4% on next $200K, 3% on next $700K, 2.5% above $1M.
• Texas: 5% of gross receipts plus 5% of disbursements (capped at 5% of estate).
• New Jersey: 5% on first $200K, 3.5% above, with income commissions separately.
• Florida: 3% on first $1M, 2.5% above.

Family-member executors often waive this fee because the commission is taxable as ordinary income to them, while inheritance is not. Running the math at your marginal tax rate often says waiver is smarter.

With a will vs. without a will

Dying with a valid will (testate) is cheaper and faster than dying without one (intestate). With a will, the court generally follows the testator’s instructions, the executor is named, and beneficiaries are defined. Without a will, intestate succession rules determine who inherits — often in ways the deceased wouldn’t have chosen — and the court appoints an administrator, often requiring a surety bond (0.5–1% of estate per year). Intestate estates also tend to breed disputes between heirs, driving up attorney time.

Realistic cost multiplier: intestate probate costs 1.3–2x as much as testate probate at the same estate size.

Real estate in probate: the big complicator

Real property triggers extra probate costs at almost every step: appraisal ($400–$1,000), title work and deed preparation ($500–$1,500), possibly a real estate commission if the property is sold through probate (5–6% of sale price), and in many states property located in another state requires a separate “ancillary probate” in that state — meaning a second attorney, second filing fee, and second round of publication.

If the decedent owned a vacation home in another state, ancillary probate typically adds $3,000–$8,000 per additional state. This is the single biggest reason financial advisors push trusts for snowbirds who own property in both Florida and a northern state.

How to keep probate cost low

• Small estate affidavit: 37 states allow simplified procedure for estates below a threshold ($75K–$200K depending on state). Skips full probate entirely, costs $0–$200.
• Independent administration: Texas and many other states allow the executor to operate without court supervision when permitted by the will. Cuts attorney hours dramatically.
• Title assets properly: Joint tenancy with right of survivorship, transfer-on-death deeds, payable-on-death bank accounts, and named beneficiaries on retirement accounts and life insurance all bypass probate entirely.
• Living trust: $1,500–$4,000 upfront to create. Assets retitled into the trust skip probate at death. Math: if your state’s probate would cost $25,000, the trust saves you $20,000+ net.
• Executor waives commission: Saves the estate the percentage fee, avoids taxable income to a family executor.

Timeline: how long probate actually takes

Even a clean probate runs 6–18 months because of mandatory waiting periods. Creditors get 4–6 months to file claims after notice is published. Tax clearances can take another 3–6 months. Contested estates routinely stretch 2–5 years. During this time beneficiaries generally can’t access estate assets, which is why probate is as much a liquidity problem for heirs as it is a cost problem.

Related calculators

• Estate planning cost calculator — cost to set up a will, trust, and powers of attorney before probate ever matters.
• Will vs trust comparison — which tool actually fits your estate.
• Power of attorney cost — incapacity planning that runs alongside probate avoidance.
• Attorney fee calculator — hourly vs flat fee math for probate counsel.