Probate Court Fees and Costs: What to Budget (2026)

Probate costs vary by estate size and state, but typically include court fees, professional services, and administrative expenses.

Non-Attorney Costs (Standard in Every Probate)

Expense	Typical Cost
Probate court filing fees	$250 - $600
Inventory filing	$50 - $150
Death certificates (10-15)	$200 - $450
Publication of creditor notice (newspaper)	$200 - $400
Appraisals (if real property)	$500 - $5,000
Accounting/bookkeeping	$500 - $2,000
Surety bonds (if required)	$300 - $1,000
Miscellaneous (postage, copies, etc.)	$100 - $300

Subtotal: $2,100 to $9,900 without attorney

Attorney Fees (Largest Cost)

Attorney fees are the biggest variable. Models differ by state:

Statutory Fees (Based on Estate Value)

California sets attorney fees for ordinary services by statute as a percentage of estate value (4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, then lower). Florida lists presumptively reasonable fees that are negotiable. Texas, New York, and Illinois have no attorney fee schedule.

Flat Fees

Many attorneys offer flat fees for uncontested probate ($3,000 to $10,000 depending on complexity).

Hourly Rates

Some charge hourly ($250 to $500+ per hour), less common for routine probate.

Illustrative Example: $200,000 Estate with Attorney

Item	Cost
Court filing and admin	$1,500 - $2,500
Death certificates and notices	$400 - $600
Appraisals (if needed)	$500 - $1,500
Attorney fees (flat or statutory)	$6,000 - $10,000
CPA/tax services	$1,000 - $2,000
Total	$9,400 - $16,600

This represents about 5% to 8% of estate value. All ranges in this guide are typical figures and vary by county.

How to Reduce Costs

1. Use a Streamlined Process If Eligible

If your estate qualifies for a small estate affidavit or summary administration, costs are often much lower (often a few hundred dollars plus any court filing fee, which varies by state and county).

2. Negotiate Flat Fee, Not Hourly

Flat fees are more predictable and often lower than hourly billing.

3. Handle Some Tasks Yourself

Collecting documents, notifying institutions, and keeping records yourself saves attorney time.

4. Stay Organized

Well-organized records reduce attorney time and fees.

5. Get Multiple Quotes

Interview 2-3 attorneys; fees vary significantly.

Executor Compensation

As executor, you may be entitled to compensation from the estate. It is set differently by state: a statutory schedule in California and New York, presumed reasonable percentages in Florida, up to 5% of cash received and paid out in Texas, and reasonable compensation in Illinois. Many family executors waive this, while professional executors expect it.

Tax Treatment

Administration expenses are deductible on Form 706 or Form 1041, but not both, and a waiver under IRC 642(g) is required to take them on the income tax return. Consult a CPA for tax treatment.

Why Costs Are High

• Court supervision and formal proceedings
• Legal expertise required
• Time-consuming process (6 to 12+ months)
• Multiple notifications and filings required
• Accounting and tax requirements

Alternatives That Cost Less

• Small estate affidavits: often a few hundred dollars plus any court fee (if eligible)
• Revocable living trust: Costs money upfront to create, but avoids probate fees after death
• ExecutorBench: $199 guided or $499 complete plan (for estates where you can self-help)

Use ExecutorBench's probate cost estimator to get an estimate for your state.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. Costs vary significantly by state, county, and complexity. Consult an attorney in your state for a specific estimate.