Probate Fees and Costs: What Estates Pay and How to Lower It

Probate has no single national price, because each state sets its own court fees and rules for paying lawyers and executors. In states with a fee formula, such as California, the statutory attorney fee on a $1 million estate is $23,000. In states without one, the cost depends on the lawyer's rate and how much work the estate needs. Court filing fees are usually the smallest part of the bill.

What makes up the cost of probate?

Probate is the court process that confirms a will (or appoints an administrator when there is none) and oversees paying debts and distributing what is left. The estate pays for it, not the beneficiaries directly. The main items are:

• Court filing fees. Paid when the case is opened. They vary by state and often by the size of the estate.
• Attorney fees. Charged hourly, as a flat fee, or by statutory formula depending on the state.
• Executor or administrator pay. The person in charge of the estate may be paid reasonable compensation, set by statute in some states.
• Other costs. Appraisals for real estate and valuables, accountant fees for tax returns, a bond premium if the court requires one, newspaper notice to creditors, and certified copies of court documents and death certificates.

For a plain-language overview of the process itself, see our probate guide for the US and what probate is.

How much do court fees cost?

Court fees depend on where the case is filed. New York's Surrogate's Court, for example, charges a probate filing fee that rises with the gross estate:

Source: New York Surrogate's Court Procedure Act section 2402. Other states have their own schedules, so ask the probate court clerk for the current figure.

How do attorney and executor fees work by state?

This is where costs differ most. Three examples show the range.

California sets the same percentage scale for the attorney and for the personal representative. Each is entitled to 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million, and a court-set amount above $25 million. The base is the appraised value of the estate's property in the inventory, without subtracting mortgages or other debts.

Florida presumes a "reasonable" attorney fee for ordinary services: $1,500 on the first $40,000, then $750 more for each of the next two $30,000 bands (so $3,000 at $100,000), then 3% of the amount between $100,000 and $1 million, 2.5% from $1 million to $3 million, and lower rates above that.

New York has no attorney percentage in the statute, but it does set executor commissions: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million and 2% above $5 million. The statute applies half of each rate to money the executor receives and half to money paid out.

Here is what the California and Florida formulas produce for the attorney's ordinary fee:

In California, a $1 million house with an $800,000 mortgage is still a $1 million estate for the fee formula. If the same person serves as executor, the executor's statutory share is another $23,000, though family executors can choose not to take it.

Do executors get paid, and is it taxable?

Executors can usually receive reasonable compensation, and some wills set the amount. The IRS says personal representatives must include fees paid to them from an estate in their gross income (Publication 559). Many family members serve without a fee. Whether to take one is a tax question worth a short conversation with an accountant. Our guide to what an executor does covers the rest of the job.

What other costs can an estate face?

• Taxes. An estate with more than $600 in gross income must file a federal income tax return (Form 1041). The federal estate tax only applies to estates above $15 million for deaths in 2026, so most families will never owe it. Some states also have their own estate or inheritance tax. Our estate tax guide explains the difference.
• Debts. The FTC explains that a person's debts are owed by and paid from their estate, not by relatives, unless a relative co-signed or another exception applies. Paying them is part of administration, and they come before beneficiaries. See debt when someone dies.
• Holding costs. Insurance, taxes, utilities and upkeep on a house keep running while the court process takes its time. Our guide on how long probate takes shows what affects the timeline.

How can you reduce probate costs?

1. Check for a small-estate procedure. Many states let families skip full probate with an affidavit if the estate is under a limit. New York allows voluntary administration for estates with $50,000 or less in personal property. California's affidavit limit is adjusted every three years, and the amount that applies is the one in effect on the date of death. See our guide to small estate probate.
2. Identify assets that never enter probate. Property held in joint tenancy with survivorship, accounts with a named beneficiary, and assets in a living trust generally pass outside probate. Read about joint ownership, payable-on-death accounts and bypassing probate.
3. Ask about flat fees or limited-scope help. Many estate attorneys will prepare the court filings for a set price and leave routine tasks to the family. Ask for a written fee agreement and an estimate.
4. Keep good records. A tidy inventory and receipts cut the hours a lawyer or accountant has to bill. Our estate inventory checklist is a place to start.
5. File on time. Late tax returns can add penalties and interest to the estate.

If you're planning ahead rather than settling an estate, a trust is one way to keep assets out of probate. It has setup costs of its own, so compare it with a will. Our guide to living trust vs will walks through the trade-offs.

What to do next

1. Ask the court clerk or your state's court website for the current filing fees and any small-estate forms.
2. Make a list of everything the person owned and mark which items have a joint owner or beneficiary.
3. Request fee quotes from two or three probate attorneys, and ask what the quote covers.