Probate Cost Calculator: What Probate Costs in Your State

Figures verified November 9, 2026 against California: Cal. Prob. Code § 10810 · Update log

Short answer

Probate costs come mostly from two fees: the executor's and the attorney's, plus smaller court, newspaper and appraisal costs. All of them are paid from the estate before the heirs get their shares.

Only five states set the attorney's ordinary fee as a percentage by law: California, Florida, Iowa, Missouri and Wyoming. In California a $500,000 estate means $13,000 to the attorney and $13,000 to the executor. Everywhere else the attorney bills hourly or a flat fee, and 23 states set the executor's fee by a schedule.

Free tool

Probate cost calculator

Pick the state where the person lived and enter what goes through probate. The executor's fee is worked out from that state's statute, and the attorney's fee too in the five states that set one by percentage. Amounts like 450k or 1.2m work.

State

Value of the probate estate

Only what goes through probate. Leave out life insurance, retirement accounts, joint accounts, trust assets and anything with a named beneficiary.

Executor fee

The executor will take a fee

Attorney fee

Flat fee or estimate from the attorney. Leave empty if you'll handle probate without one.

Court, publication and other costs (optional)

Filing fees, the newspaper notice, certified copies, appraisals, bond premium.

What probate costs are made of

Executor's fee. Set by a statutory schedule in 23 states and left to the court as "reasonable compensation" in the rest. It is taxable income to the executor. See executor fees by state.
Attorney's fee. A statutory percentage in five states (below); hourly or a flat fee everywhere else. An executor doesn't always need a lawyer, but most courts expect one for anything contested.
Court filing fees. Charged when you open the case and sometimes again for later petitions. Some states scale them to the estate's value. Your county probate court publishes its fee schedule.
Notice to creditors. A newspaper charges to publish it, often once a week for two to four weeks.
Bond. If the will doesn't waive it, or there is no will, the court may require a bond, and the executor pays a yearly premium from the estate.
Appraisals and certified copies. Real estate, a business or valuable personal property usually needs a date-of-death appraisal.
Tax returns. A preparer for the final 1040, the estate's Form 1041 and any estate or inheritance tax return.

States that set probate attorney fees by law

State	Type	Ordinary attorney fee
California	Statutory fee	Same schedule as the executor: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9M, 0.5% of the next $15M; above $25M the court decides.Charged on: The value of the estate accounted for: the inventory value plus gains on sales and receipts, less losses on sales, without subtracting mortgages or other debts.Cal. Prob. Code § 10810
Florida	Presumed reasonable	Presumed reasonable: $1,500 up to $40,000; $2,250 up to $70,000; $3,000 up to $100,000; then 3% of the next $900,000, 2.5% to $3M, 2% to $5M, 1.5% to $10M and 1% above.Charged on: The inventory value of the probate estate plus income earned during administration.Fla. Stat. § 733.6171(3)
Iowa	Maximum allowed	A reasonable fee set by the court, no more than the executor's schedule: 6% of the first $1,000, 4% of the next $4,000, 2% above $5,000.Charged on: The gross value of the property in the estate, as for the executor's fee.Iowa Code § 633.198
Missouri	Minimum allowed	At least the executor's schedule: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, 2% above $1M. The court can allow more.Charged on: The personal property administered and the proceeds of real estate sold under court order.RSMo § 473.153(3)
Wyoming	Statutory fee	10% of the first $1,000, 5% up to $5,000, 3% up to $20,000 and 2% above, unless the attorney waives part of it or agrees to less.Charged on: The probate estate accounted for.Wyo. Stat. § 2-7-804

In every one of these states the court can allow more for extraordinary services, such as selling real estate, litigation or tax disputes. Arkansas sets a percentage schedule for the estate attorney in Ark. Code § 28-48-108(d), and the court can raise or lower it. Ask the attorney for the figure under the current statute. Montana repealed its cap on estate attorney fees (MCA 72-3-633) in 2019. Fees are now agreed with the attorney and reviewable by the court.

Example: a $500,000 estate

Ordinary fees for a $500,000 probate estate in the five statutory states, before court costs and any extraordinary fees.

State	Executor	Attorney	Total
California	$13,000	$13,000	$26,000
Florida	$15,000	$15,000	$30,000
Iowa	$10,120	$10,120	$20,240
Missouri	$14,050	$14,050	$28,100
Wyoming	$10,350	$10,350	$20,700

Iowa's figures are the most the statute allows; Missouri's are the least. Florida's executor figure leaves out income earned during administration, which also counts.

How to lower probate costs

Skip probate where the law allows. Small estate affidavits and summary procedures cost a fraction of full probate. See when probate is required.
Ask for a flat fee. Outside the five statutory states, attorneys can quote a flat fee for an uncontested estate. Get two or three quotes.
Waive the executor's fee if the executor is also an heir; it is taxable income, the inheritance usually isn't.
Use the will's bond waiver, or ask the heirs to consent to waiving bond where the court allows it.
Keep it short. Fees and bond premiums grow with time; see how long probate takes and how to speed it up.
Do the paperwork yourself. Gathering statements, the inventory and the estate account takes time but not a law degree. Our executor checklist lists every step.

Do it yourself, correctly

The Executor's Final Tax Returns Kit

An estate pays 37% on income above $16,000. Paid out to the heirs on time, the same income is taxed at their rates, often 12%. The kit shows how, and is $49.

Buy for $49Instant download: 46-page PDF workbook and calculator spreadsheet. 30-day refund, no questions asked.

Every federal tax filing after a death, in the order you do them: the estate's EIN, Form 56, the final Form 1040, the estate's Form 1041, the K-1s and a clean close.

46-page workbook
Form 1041, line by line
Both returns worked

Which returns this estate owes, from five yes-or-no questions
The final 1040 and Form 1041 explained line by line, with one family's returns fully worked
How to split each 1099 at the date of death so the IRS match does not trigger a letter
A spreadsheet for deadlines, the Form 1041 estimate and each heir's K-1, plus five letters to copy

Buy for $49

Optional: get help filing

Get a flat-fee quote for the estate's tax returns

The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.

State where the person lived

Rough value of the estate

Add details (optional, helps the CPA price it)

What do you need help with?

You are

Month of death

First name

Anything else?

We pass your request to an independent CPA or Enrolled Agent who prepares these returns. We may be paid a referral fee by the professional; it never changes the price you are quoted. This is not legal or tax advice.

Frequently asked questions

How much does probate cost?

It depends on the state and the estate. In California, where both fees are set by statute, a $500,000 estate means $13,000 to the attorney and $13,000 to the executor before court costs. In most states the attorney bills hourly or a flat fee and the executor's fee is whatever the court finds reasonable, so a simple estate handled by a family executor can cost far less.

Who pays probate fees?

The estate. Court costs, the executor's fee and the attorney's fee are paid from the estate's money before the heirs receive their shares, so they reduce what the heirs inherit. The heirs don't pay them out of pocket.

How much does a probate attorney charge?

In California, Florida, Iowa, Missouri and Wyoming a statute sets the ordinary fee as a percentage of the estate (in Florida it is a presumed-reasonable fee, in Iowa a cap, in Missouri a minimum). Everywhere else, probate attorneys charge by the hour or quote a flat fee, which you can negotiate. Florida's statute requires the attorney to tell the executor in writing that the fee is negotiable.

Can the executor waive their fee?

Yes. Executor fees are taxable income to the executor, while an inheritance generally isn't, so a family member who is also an heir often waives the fee. Waiving it before doing the work avoids questions about whether it was earned.

Are probate fees tax deductible?

Not on your personal return. Administration expenses such as attorney, executor and court fees can be deducted by the estate, either on the estate's income tax return (Form 1041) or, if one is filed, on the estate tax return (Form 706), but not on both.

Is the fee based on the gross or the net estate?

In the statutory states it is based on the gross value of what goes through probate, without subtracting the mortgage or other debts. In California, for example, a house worth $800,000 with a $500,000 mortgage counts as $800,000. Assets outside probate, such as life insurance and retirement accounts with a beneficiary, don't count.

Sources

This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.