Probate Fees by State 2026 Attorney Cost Calculator
Probate fees by state 2026 vary widely: California uses statutory tiered attorney fees (4/3/2/1/0.5%), Florida caps at 3%, Texas is mostly flat-rate, and New York uses a tiered schedule (SCPA §2307). This calculator estimates court filing fees, statutory attorney fees, and small-estate eligibility for a 2026 probate estate.
| State | — |
| Estate value | — |
| Small-estate threshold | — |
| Small-estate eligible | — |
| Court filing fees (est.) | — |
| Statutory attorney fee | — |
| Executor / personal rep fee | — |
| Total estimated probate cost | — |
| Effective % of estate | — |
Probate is the court-supervised process of validating a will and distributing assets. Costs vary dramatically by state — California's statutory fees on a $1M estate run roughly $23,000 for the attorney plus another $23,000 for the executor (Cal Prob Code §10810, §10800), while Texas often costs under $5,000 because attorney fees are negotiated, not statutory. The biggest cost drivers are: state law (statutory vs reasonable fee), estate value (tiered formulas), and whether assets qualify for small-estate summary administration.
How Statutory Attorney Fees Work
Only a handful of states set attorney fees by statute. California (Prob Code §10810): 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M, 0.5% of next $15M. Florida (Fla Stat §733.6171): presumed reasonable fee of 3% of first $1M, scaling down. New York (SCPA §2307): tiered executor commission of 5/4/3/2.5/2% used as benchmark for attorney work. Most other states (TX, IL, GA, NC, PA) use "reasonable fee" standards — typically billed hourly ($250–$500/hr) or as 1–3% of estate value.
Small Estate Thresholds Cut Costs
Every state offers a simplified probate path for small estates. 2026 thresholds: California $208,850 (Prob Code §13100, with $750K cap on real property), Florida $75,000 summary administration, Texas $75,000 small-estate affidavit, New York $50,000 voluntary administration, Illinois $100,000 small-estate affidavit. If the estate qualifies, you skip formal probate entirely — saving thousands in attorney fees and 6–18 months of court delay.
Court Filing Fees and Other Costs
Beyond attorney fees, expect: court filing fees ($200–$1,200 depending on state and estate size), appraisal costs for real estate and businesses ($500–$5,000), publication fees for creditor notices ($100–$500), executor bond if not waived in the will (0.5–1% of estate). California's filing fee alone is $435 for estates over $250K (Gov Code §70650). Hourly attorneys may also bill for accountings, tax returns, and contested matters separately.
How to Avoid or Reduce Probate Costs
(1) Revocable living trust — assets in trust skip probate entirely. Setup cost $1,500–$5,000 saves 1–4% of estate value at death. (2) TOD/POD beneficiary designations on bank accounts, brokerages, retirement plans. (3) Joint tenancy with right of survivorship on real estate and accounts. (4) Small estate affidavit if under threshold. (5) Negotiate flat fees in non-statutory states — many attorneys will offer flat fees of $3,000–$8,000 for routine estates. Always ask for a written fee agreement before retaining.
Last updated May 2026. Sources: state probate codes cited inline + IRS Pub 559.