Probate Cost Estimator – Court Fees & Executor

What Probate Really Costs (2026)

Probate is the court-supervised process of settling someone’s estate: proving the will, paying debts, and distributing what’s left. It’s rarely cheap. Between court fees, attorney fees, executor compensation, appraisals, and notices, a typical estate spends 3% to 7% of its gross value on the process, and in statutory-fee states, a large but simple estate can pay eye-watering amounts for routine paperwork.

Every dollar comes out of the estate before your heirs see anything, which is exactly why probate avoidance is a planning industry of its own. Use the estimator to see your number, then read on for how each fee is set and the legitimate ways around the whole process.

Estimate Your Probate Cost

California, New York, and Florida figures follow each state’s actual fee statutes; Texas and “another state” use typical ranges because those fees are hourly or “reasonable” rather than percentage-based. Contested estates, businesses, and out-of-state property push any estimate higher.

Where the Money Goes, and Who Pays

Probate fees are also separate from death taxes; whether your state levies one of those is its own table: see estate tax by state (2026).

Here’s the full anatomy of a probate bill. Everything is paid by the estate, which means it directly reduces the inheritance.

The two line items worth studying are attorney fees and executor compensation, because in several big states they’re set by statute as a percentage of the estate, regardless of how much work the case actually took.

California: The Textbook Statutory-Fee State

California sets identical statutory fees for the attorney (Prob. Code §10810) and the executor (§10800), each calculated on the gross estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. Add the court-appointed probate referee, who appraises non-cash assets for 0.1% of their value (§8961), plus opening and closing petition fees.

The gross-value rule is the trap: a $900,000 house with an $800,000 mortgage counts as $900,000 for fee purposes, even though the estate’s real equity is $100,000. Paper-rich, cash-poor estates get hit hardest, which is why California homeowners so often move the house into a revocable living trust.

New York and Florida: The Other Schedule States

New York sets the executor’s commission by statute (SCPA §2307): 5% of the first $100,000 received and paid out, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, and 2% above $5 million. The court filing fee scales with estate size under SCPA §2402, from $45 for estates under $10,000 to $1,250 at $500,000 and up. Attorney fees are “reasonable” rather than statutory, commonly landing around 2–4% on ordinary estates.

Florida runs on presumptive schedules you can negotiate away from. The personal representative’s presumed fee (§733.617) is 3% of the first $1 million, then 2.5% to $5 million. The attorney’s presumed fee for ordinary services (§733.6171) is $1,500 for estates up to $40,000, $2,250 to $70,000, $3,000 to $100,000, then 3% of the value above $100,000 up to $1 million, stepping down above that. “Presumed reasonable” means exactly what it sounds like: It’s the default, and nothing stops you from hiring a flat-fee or hourly attorney for less.

Texas takes the opposite approach: no statutory attorney percentage at all, and most wills opt into “independent administration,” which keeps the court (and the cost) largely out of the process. The executor’s commission is capped at 5% of amounts actually received and paid out, excluding bank cash and life insurance (Estates Code §352.002), and family executors routinely waive it. A straightforward independent administration commonly lands around 2–4% all in.

Executor Fees, and Why Family Executors Often Waive Them

Here’s the tax wrinkle that drives the waiver decision: Executor compensation is taxable income, while an inheritance generally isn’t. A child who is both executor and heir usually comes out ahead waiving the fee and taking the money as inheritance instead. If you’re writing a will, discuss this with your chosen executor in advance.

Small Estates: Check the Shortcut First

Before budgeting for any of the numbers above, check whether the estate qualifies for your state’s small-estate procedure, an affidavit or summary process that skips most of the cost and months of the timeline. The thresholds moved a lot recently: California now covers personal property up to $208,850 (deaths on or after April 1, 2025) plus a separate court petition for a primary residence up to $750,000; Illinois raised its small-estate affidavit cap to $150,000 in 2025; Arizona now allows $200,000 in personal property and $300,000 in real-estate equity. Our small estate affidavit guide has the verified state-by-state rules and a free affidavit template. If the estate fits under your state’s cap, that guide, not this estimator, is your path.

How to Avoid Probate Entirely

Most probate cost is avoidable with planning, because every tool below moves assets outside the probate estate so the court never touches them.

• Revocable living trust. Assets titled in a funded trust pass directly to beneficiaries. The most complete option for homeowners, especially in statutory-fee states; see our living trust template and the trust-vs-will cost breakdown.
• Beneficiary designations. Retirement accounts, life insurance, and payable-on-death bank accounts skip probate automatically, as long as the named beneficiaries are current.
• Transfer-on-death deeds. About half the states let you record a deed that passes your home directly to a beneficiary; our TOD deed guide covers which states and how.
• Joint ownership with right of survivorship. Property passes to the surviving owner outside probate.

The comparison is stark: A living trust that costs a few hundred dollars to set up can spare a California family a $26,000 statutory-fee bill on a $500,000 estate. A will alone does not avoid probate; it only tells the court what to do once you’re there. It still cuts cost, though: It names the executor, can waive the bond, and prevents the disputes that make intestate estates expensive. If you don’t have one, start with our last will and testament template.

Why Some Probates Cost Far More Than Others

• Will contests. Litigation can add tens of thousands and years. Extraordinary services get billed on top of any statutory fee.
• Hard-to-value assets. Closely held businesses and unusual assets need costly appraisals.
• Out-of-state real estate. Property in another state triggers a second, “ancillary” probate there, with its own court and attorney costs.
• Statutory-fee states with big gross values. The mortgage doesn’t reduce the fee base.
• Disorganized records. Hunting for accounts and heirs is billed by the hour.

The common thread is complexity and conflict, not size alone. Clean records, a valid will, current beneficiary designations, and assets held outside probate are the antidotes.

Common Probate Cost Mistakes

• Assuming a will avoids probate. It doesn’t; it only directs the process.
• Skipping the small-estate check. Many estates qualify for the cheap shortcut and never use it.
• Leaving accounts without beneficiaries. Any asset with no named beneficiary gets dragged into probate unnecessarily.
• Never funding the trust. A living trust only avoids probate for assets actually retitled into it. An unfunded trust is an expensive binder.
• Ignoring the gross-value rule. In statutory-fee states, heavily mortgaged property generates fees far out of proportion to its equity.

Frequently Asked Questions

How much does probate cost on average?

Most estates spend roughly 3% to 7% of gross value on probate. On a $500,000 estate that’s $15,000–$35,000, with statutory-fee states like California at the high end ($26,000 in combined statutory fees alone).

How long does probate take?

A typical uncontested probate runs 6 to 18 months. Contested or complex estates can take years; small-estate shortcuts can finish in weeks.

Who pays probate costs?

The estate pays everything before distributions, so probate costs come directly out of the inheritance.

Can I avoid probate entirely?

Often, yes: A funded living trust, current beneficiary designations, transfer-on-death deeds, and joint ownership all pass assets outside probate. Small estates may qualify for a simplified affidavit process even without planning.

Does a will avoid probate or lower its cost?

A will doesn’t avoid probate, but it lowers cost and friction: It names your executor, can waive the bond, and reduces disputes compared with dying intestate (without a will).

Are executor fees taxable?

Yes, executor compensation is taxable income. That’s why a family member who is also a beneficiary often waives the fee; an inheritance generally isn’t taxed as income.

What’s the difference between formal and independent administration?

Formal (supervised) probate has the court approve nearly every step, which adds time and cost. Independent or informal administration, standard in Texas and available in many states, lets the executor act without constant court approval and meaningfully cuts the bill.

Do all assets go through probate?

No. Life insurance and retirement accounts with named beneficiaries, POD/TOD accounts, trust assets, and jointly owned property with survivorship rights all bypass probate. Only assets titled solely in the decedent’s name with no beneficiary go through the process.

The Bottom Line

Probate cost is predictable enough to plan around. Court fees are minor; the money is in attorney fees and executor compensation, and in California, New York, and Florida those follow published statutory schedules you can compute to the dollar, on the gross estate, mortgage included. Run the estimator, check the small-estate shortcut first, and weigh the result against the modest one-time cost of a living trust and clean beneficiary designations. For most homeowners, a few hundred dollars of planning buys their family out of a five-figure bill and a year in probate court.

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.