Summary: Probate attorneys charge three ways: <strong>statutory percentage</strong> (California's 4/3/2/1 schedule, Florida's 3%), <strong>hourly</strong> ($200-$500+/hr), and <strong>flat fee</strong> ($3,000-$10,000 for routine estates). Percentage is predictable but expensive on large simple estates; hourly is fair for unpredictable work but unbounded; flat fee is cheapest for routine estates but excludes extras. 'Extraordinary' services, contests, sales, tax work, bill separately under every model. For a routine estate, get three flat-fee quotes; for a messy one, hourly with a budget cap.
In California, the attorney's ordinary fee is set by statute: 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 (Probate Code 10810). Florida presumes 3 percent reasonable. The virtue is predictability: the fee is arithmetic. The vice is that it prices value, not work: a $1 million estate with one bank account pays $23,000 for what might be 20 hours of work.
Percentage states allow negotiation below the schedule in practice, though few executors know to ask. It never hurts to request a discount for a genuinely simple estate.
$200 to $500+ per hour depending on market and seniority, billed in tenths like litigation. Hourly is the honest model for unpredictable estates: contests brewing, creditor fights, business interests, tax complications. You pay for work actually done, no more.
The risk is the open meter: without a budget or phase caps, a contested matter can run to $50,000-plus. Always get an engagement letter with rates, billing increments, and a commitment to warn before crossing budget thresholds. Monthly statements are non-negotiable.
$3,000 to $10,000 for routine, undisputed estates in hourly/flat-fee states: petition through distribution, defined scope. Flat fee is the cheapest model for simple estates and the easiest to shop: three quotes, comparable scopes, pick the professional you trust.
Read the scope exclusions carefully. Every flat fee excludes extraordinary services: will contests, creditor litigation, property sales, tax returns, ancillary administrations. Those bill hourly on top. The flat fee covers the routine probate, not the surprises.
Under every fee model, non-routine work bills extra, usually hourly with court approval. Common extraordinary items: will contests ($20,000-$60,000+), real property sales (often a percentage of sale price or hourly), tax returns (federal estate and fiduciary income tax), creditor disputes, and business continuation.
Ask upfront: 'What in this estate looks extraordinary to you?' The answer reveals both the attorney's diligence and the likely true cost. Budget a 20 percent contingency over the base quote for the ordinary surprises.
Simple estate, no disputes expected: flat fee, shopped among three attorneys. Mid-size estate in a percentage state: ask for a discount off schedule or an hourly alternative for the routine portion. Complex or contested estate: hourly with budget phases and monthly reporting. Tiny estate: small-estate affidavit, possibly no attorney at all.
The executor's compensation follows parallel logic and is a separate negotiation: statutory-equal in California, 'reasonable' elsewhere. Price both together.
Walk away from: vague scopes ('handle the probate' with no exclusions listed), percentage quotes in non-percentage states without justification, no engagement letter, upfront payment of the entire fee before any work, and reluctance to give monthly statements. Good probate attorneys quote precisely because the work is routine; vagueness is a pricing strategy, not a necessity.
The best question you can ask: 'What did your last three estates like mine cost, all-in?' Honest attorneys answer with numbers.
Three models: statutory percentage (CA 4/3/2/1, FL 3%), hourly ($200-$500+/hr), or flat fee ($3,000-$10,000 for routine estates). Extraordinary services bill extra under every model.
Non-routine work billed on top of the base fee: will contests, creditor litigation, property sales, tax returns, business matters. They typically bill hourly with court approval.
Yes. Even in statutory states, attorneys can accept less than the schedule for simple estates. In hourly/flat-fee states, shopping three quotes is standard and effective.
Often no. Small-estate affidavit procedures ($25,000-$184,500 thresholds by state) are designed for non-lawyers, and many courts provide self-help packets.
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Data current as of October 2026. Sources: CA Probate Code 10810-10814; Fla. Stat. 733.6171; attorney fee survey data. Legal information only, not legal advice.