Probate Fee Calculator
Calculate probate fees by state — attorney percentage, court filing costs, executor commission. The hidden tax on inheritance that often hits 3-7% of estate value, draining $20K-$50K+ from average estates.
The Big Three Probate Costs
Probate has three main fee categories: (1) Court filing fees: $50-$1,200 depending on state. (2) Attorney fees: hourly ($200-$500/hr) or statutory percentage (CA/FL use sliding scales). (3) Executor commission: statutory in most states, 2-5% of estate value. Plus: appraisal, bond, accounting, publication costs. Total typically 3-7% of gross estate.
California Statutory Attorney Fee Schedule
California uses statutory sliding scale (Probate Code §10810): 4% on first $100K, 3% on next $100K, 2% on next $800K, 1% on next $9M, 0.5% on next $15M. Same scale for attorney AND executor — fees often DOUBLE the calculator estimate. $500K estate = $13K attorney + $13K executor = $26K in just two fees.
States Without Statutory Fee Caps
Most states use 'reasonable fee' standard — attorney hourly rates apply, no statutory %. Texas, New York, Pennsylvania, Massachusetts, Washington all use reasonable-fee rules. This usually means LOWER total fees than CA/FL statutory states. Always negotiate flat-fee where possible — hourly billing in probate is hazardous to estate value.
How to Reduce Probate Costs
Avoid probate entirely with living trust, joint tenancy, beneficiary designations on accounts. Small estate affidavit available in most states for estates under $50K-$200K (limit varies). California simplified procedure under $184,500 (2026, indexed). Always work with estate attorney 2-5 years BEFORE need — it's exponentially cheaper than after-death cleanup.
Sources: CA Probate Code §10810, FL Statutes 733.6171, state probate codes. Last updated: May 2026. Not legal advice.
Frequently Asked Questions
How much does probate cost?
Typically 3-7% of gross estate. California and Florida use statutory sliding scales producing higher fees. Other states use 'reasonable fee' standard \u2014 often lower. $500K estate commonly costs $15K-35K in probate.
Who pays probate fees?
The estate pays. Beneficiaries receive what remains after fees. Heirs do not pay out of pocket \u2014 fees come off the top before distribution. This is why $500K headlined inheritance often becomes $470K after fees.
Can I avoid probate?
Yes. Living revocable trust avoids probate for assets in trust. Joint tenancy with right of survivorship transfers at death automatically. Beneficiary designations on bank/retirement accounts skip probate. Small estate affidavits available for estates under state threshold.
California statutory fees are doubled?
Yes. California Probate Code \u00a710810 applies the same sliding scale to BOTH attorney and executor \u2014 effectively doubling the fee. $1M estate = $46K attorney + $46K executor + miscellaneous. Living trust avoids most of this.
Is this tool free?
Yes. 100% free, no sign-up. All math runs in your browser \u2014 your estate data never leaves your device. Not legal advice \u2014 consult estate attorney.