Summary: Probate costs 3 to 7 percent of the estate's value nationally, but the state decides the fee model. California's statutory 4/3/2/1 schedule makes a $500,000 estate cost about $27,500 in attorney, executor, and court fees. Florida presumes 3 percent reasonable. Texas, Arizona, and other hourly/flat-fee states often settle simple estates for $5,000 to $10,000. Timelines run 6 to 12 months in streamlined states and 9 to 18 months where procedures are heavier. The fee model matters more than the estate's size for simple estates.
Estate planners quote 3 to 7 percent of estate value as the all-in probate cost: attorney fees, executor compensation, court costs, appraisals, and accounting. On a $500,000 estate that is $15,000 to $35,000. The range is wide because the fee model, not the estate size, dominates simple cases, while disputes dominate complex ones.
Two estates of identical value in different states can differ by $20,000 in fees. That is not a rounding error; it is the fee-model gap, and it is the first thing to understand.
California sets attorney fees by statute (Probate Code 10810): 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent above $1 million. The executor may take an equal amount. On $500,000: $13,000 attorney + $13,000 executor + ~$1,500 court/admin = ~$27,500, before extraordinary fees.
Florida presumes 3 percent of the estate reasonable for the attorney in formal administration (Fla. Stat. 733.6171), with the personal representative separately compensated. Both states compute on gross value, including mortgaged property, which surprises executors every year.
Texas, Arizona, Illinois, Ohio and most others let the market set fees: hourly ($200-$500+/hr) for complex work, flat fees ($3,000-$10,000) for routine estates. A simple $500,000 Texas estate with independent administration often totals $5,000 to $10,000 all-in, a third of California's statutory cost.
The flat-fee market rewards shopping: get three quotes for a routine estate, confirm the scope (what counts as 'extraordinary'), and get it in writing. Hourly billing suits unpredictable estates; flat fees suit simple ones.
Three things the headline percentages miss. 1. Gross vs net: statutory percentages apply to gross estate value. A $600,000 house with a $550,000 mortgage generates fees on $600,000. 2. Extraordinary fees: will contests, property sales, tax returns, and creditor fights bill on top of the base fee everywhere. 3. Executor compensation: often equal to the attorney fee in statutory states, and 'reasonable' elsewhere, it is a second large line item, not a rounding error.
Always budget attorney + executor + court + extraordinary contingency. The all-in number is what matters.
Streamlined states (TX, AZ): 6 to 12 months for routine estates, driven by independent administration that minimizes court involvement. Heavier-procedure states (CA, NY, FL, PA): 9 to 18 months, with creditor claim periods (often 4 months), court calendaring, and inventory deadlines setting the floor.
Contested estates add a year or more anywhere. Court backlogs, the post-2020 hangover in many counties, add months that no fee model controls. Ask local counsel for the current docket reality, not the statutory ideal.
Use the calculator above with your state's fee model: statutory schedule, your percentage quote, hourly estimate, or flat-fee quote. Add executor compensation (equal to attorney in CA-style states; negotiated or 'reasonable' elsewhere), court costs ($500-$2,000), and a 20 percent contingency for the unexpected.
Then compare against avoidance: a living trust typically costs $1,500 to $4,000 to establish and removes the assets from probate entirely. When the probate estimate exceeds the trust cost by 5x, the planning decision makes itself.
California is typically the most expensive for mid-size estates: the 4/3/2/1 statutory schedule for both attorney and executor makes a $500,000 estate cost about $27,500 before extraordinary fees.
Hourly/flat-fee states with streamlined procedures, like Texas and Arizona, often settle simple estates for $5,000 to $10,000 total. But simplicity of the estate matters more than the state.
Gross, in statutory states: California and Florida compute percentages on the full value including mortgaged property, not equity. This is the most commonly misunderstood probate fact.
Roughly 6-12 months in streamlined states (TX, AZ) and 9-18 months in heavier-procedure states (CA, NY, FL, PA) for routine estates. Contested estates take longer everywhere.
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Data current as of October 2026. Sources: CA Probate Code 10810; Fla. Stat. 733.6171; state court procedure data. Legal information only, not legal advice.