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How much will probate actually cost?
Probate fees vary wildly by state. California's statutory schedule takes both the attorney and the executor. Texas allows independent administration that costs a fraction. This calculator uses real statutory schedules and industry averages to estimate what your probate will cost.
Estate details
Estimated cost
This is an estimate built from public statutory schedules and industry averages. Real costs depend on attorney hourly rates, the specific facts of the estate, and whether the case is contested. Treat this number as a planning starting point.
What this does not include
The honest list of what we left out
- .Federal estate tax. Only triggers above the federal exemption (currently $13.61M per person, sunsetting in 2026). Most estates do not owe this.
- .State estate tax. Twelve states and DC have one. Thresholds and rates vary widely. Not modeled here.
- .Capital gains tax. Step-up in basis usually wipes this out at death, but not always. Talk to a CPA.
- .Debts of the estate. Final medical bills, credit cards, mortgages.
- .Funeral and burial. Typically $7,000 to $15,000 in 2026 dollars.
- .Mediation or dispute resolution. If the estate is contested, costs can run into six figures.
How the math works
Where the numbers come from
Statutory states like California and Florida publish a fee schedule. We use those exact tiers. In CA and FL, both the attorney and the executor are entitled to the statutory amount, so we double it (this is the most common source of probate sticker shock).
Reasonable compensation states like Texas, Arizona, and most of the Midwest do not have a fixed schedule. Industry averages settle around 3 to 5 percent of the estate. We use 4 percent as a default with a complexity multiplier.
Court filing fees are state-published constants. They range from about $145 (Vermont) to $1,250 (New York Surrogate Court).
Admin costs include executor bond, real estate appraisals, publication of notice to creditors, and other necessary expenses. We scale them with estate size.
Contested cases typically multiply legal fees by 1.5x to 3x. We apply 1.8x as a midpoint when the contested checkbox is set.
Reduce the cost
How families lower probate cost (legally)
- Fund a revocable living trust. Assets in a properly funded trust skip probate entirely. The trust pays for itself fast in CA, FL, NY.
- Use beneficiary designations. Retirement accounts, life insurance, and TOD/POD bank accounts pass directly to the named beneficiary. They never enter the probate estate.
- Hold property as joint tenants with right of survivorship. Right of survivorship transfers ownership outside probate.
- In Texas, file for independent administration. Most Texas estates qualify. Costs are dramatically lower than dependent administration.
- Use a small estate affidavit. Most states have a streamlined process for estates under a threshold (often $50k to $200k). No full probate required.
- Negotiate flat-fee attorney engagement. Some attorneys will work flat-fee instead of statutory percentage. Always ask.
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Find a vetted estate attorneyPlan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.