Probate Fee by State 2027 Calculator
Calculate probate fees by state 2027 — California highest (4% first $100k descending), Florida (~3%), Texas low (~1.5%). See estate cost + how to avoid probate.
Probate Process
Court-supervised distribution after death. Validates will. Pays debts. Distributes remainder. Takes 6-18 months. Costs 2-4% of estate. Public record.
California's Statutory Fee
Set by state law: 4% on first $100k, 3% on next $100k, 2% on $200k-$1M, 1% on $1M-$10M, 0.5% above. Attorney AND executor each get this fee — doubled.
Living Trust Avoidance
Assets in revocable living trust avoid probate. Transfers privately to beneficiaries. Setup cost $1,500-3,000. Pays for itself if estate > $100k in probate states.
Other Probate-Avoidance
TOD/POD (Transfer on Death / Payable on Death) on bank/brokerage accounts. Beneficiary designations on retirement/insurance. Joint tenancy with right of survivorship.
Source: ABA Probate Section state surveys, americanbar.org probate costs. Last updated: May 2026.
Frequently Asked Questions
Probate without a will?
Yes. State intestacy laws decide distribution. Usually fine if assets simple + family agree. Costs same as with will.
Small estate exemption?
Most states have simplified procedure for estates under $25k-$150k. Avoids full probate. Use affidavit. Check your state's threshold.
How much will I really save with trust?
In CA: $5-30k on typical estate. In TX: less compelling (probate cheap). In NY/FL: significant. ROI depends on your state.