Summary: Probate, the court process of settling a deceased person's estate, typically costs 3 to 7 percent of the estate's value and takes 6 to 18 months. The costs are attorney fees (statutory percentage, hourly, or flat fee depending on the state), court filing and publication fees, appraisal and accounting costs, and the executor's compensation. California sets attorney fees by statute: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, and 1 percent above $1 million, and the executor can take an equal amount. Most estates can reduce or avoid probate entirely with living trusts, beneficiary designations, and joint ownership.
Where probate money goes
Probate costs fall into four buckets. Attorney fees are the largest: in statutory-fee states like California the fee is a percentage of the estate's gross value (4/3/2/1 percent brackets), while elsewhere attorneys bill hourly ($200 to $500+) or flat fees ($3,000 to $10,000 for routine estates). Executor compensation is separate: also statutory in some states (California allows the executor the same 4/3/2/1 schedule as the attorney), reasonable-compensation elsewhere.
Court and administrative costs are the smallest bucket but the most visible: filing fees ($200 to $500+), publication of notice to creditors, certified copies, and appraisal fees. Extraordinary fees apply when the case needs more than routine work: will contests, creditor disputes, property sales, and tax filings each add hourly billing on top of the base fee.
The percentage-of-estate framing matters because statutory fees apply to gross value, not equity. A $600,000 house with a $550,000 mortgage generates the fee on $600,000. This is the single most surprising fact for executors, and the strongest argument for avoiding probate on highly leveraged property.
Complexity, not size alone, drives cost. A $2 million estate with one bank account and named beneficiaries everywhere may barely touch probate. A $400,000 estate with a contested will, three feuding heirs, and a business can burn $50,000 in fees. Disputes are the multiplier; simplicity is the discount.
Worked example
California statutory, $500,000 estate: 4% of first $100,000 = $4,000; 3% of next $100,000 = $3,000; 2% of remaining $300,000 = $6,000. Attorney fee: $13,000. Executor can take an equal $13,000. Plus court/admin ~$1,500. Total: $27,500, or 5.5 percent of the estate, before any extraordinary fees.
Flat-fee state, $300,000 simple estate: attorney flat fee $5,000 + court/admin $1,200 = $6,200, or about 2.1 percent. Routine, undisputed estates in non-statutory states are dramatically cheaper.
Contested $800,000 estate: base fees ~$25,000 plus will-contest litigation at $350/hour for 120 hours ($42,000) = $67,000+, over 8 percent. This is why estate planners preach harmony and trusts.
Probate cost and timeline by state, 2026
Representative figures; fee models and timelines vary by county and complexity. <a href="probatecost.csv" download>Download this table as CSV</a>.
| State | Fee model | Typical cost ($500k estate) | Timeline |
|---|---|---|---|
| California | Statutory 4/3/2/1% | ~$27,500 | 9-18 months |
| New York | Reasonable comp. (often 3-5%) | $15,000-$25,000 | 9-18 months |
| Texas | Hourly or flat | $5,000-$10,000 | 6-12 months |
| Florida | Statutory 3% presumed reasonable | $15,000-$20,000 | 9-18 months |
| Illinois | Hourly or percentage | $10,000-$20,000 | 9-18 months |
| Ohio | Local statutory-ish schedules | $12,000-$20,000 | 9-15 months |
| Pennsylvania | Percentage (Johnson guidelines) | $15,000-$25,000 | 9-18 months |
| Arizona | Hourly or flat | $5,000-$10,000 | 6-12 months |
Probate cost guides
- Average Probate Cost by State in 2026: fee models, typical totals, and timelines
- 5 Tools to Avoid Probate Entirely: trusts, designations, and ownership tricks
- How Long Does Probate Take by State?: timelines, bottlenecks, and how to speed it up
- Probate Attorney Fees: Flat vs Hourly vs Percentage: the three models compared with real numbers
- Dying Without a Will: What Happens (Intestacy): who inherits, who decides, and what it costs
Related tools
- Bankruptcy Cost Calculator: What bankruptcy filing really costs
- Divorce Cost Calculator: Estimate total divorce cost
- Alimony Calculator: Estimate spousal support by state formula
- Traffic Ticket Calculator: The true cost of a ticket: fine plus insurance
Frequently asked questions
How much does probate cost on average?
Typically 3 to 7 percent of the estate's value, including attorney fees, executor compensation, and court costs. On a $500,000 estate, that is $15,000 to $35,000.
How are probate attorney fees calculated?
Three models: statutory percentage (California's 4/3/2/1 schedule, Florida's 3%), hourly billing ($200-$500+/hr), or flat fees ($3,000-$10,000 for routine estates).
How long does probate take?
Typically 6 to 18 months: 6-12 for simple estates in streamlined states, 9-18 for complex or contested estates. Creditor claim periods and court backlogs set the floor.
Can probate be avoided?
Mostly yes: living trusts, beneficiary designations (retirement accounts, life insurance, TOD/POD accounts), and joint ownership with survivorship all pass outside probate.
Data current as of October 2026. Sources: CA Probate Code 10810; FL Stat. 733.6171; state court procedure data. This tool gives planning estimates only and is not legal advice. Consult a licensed probate attorney in your state.