How Much Does Probate Cost?

Probate costs typically range from 3% to 8% of the estate value. Major costs include attorney fees (which may be statutory or negotiable depending on the state), executor fees, court filing fees, publication costs, and potentially bond premiums. Some states like California have statutory fee schedules, while others allow reasonable compensation.

Simple estates typically take 6-9 months. Average estates take 9-18 months. Complex estates with disputes, business interests, or tax issues can take 2-3 years or longer. Timelines vary significantly by state and depend on factors like court backlogs, creditor claim periods, and whether the will is contested.

Yes, probate can often be avoided through proper estate planning. Common methods include creating a revocable living trust, using joint ownership with right of survivorship, naming beneficiaries on accounts and policies, and using payable-on-death or transfer-on-death designations. Many states also offer simplified procedures for small estates.

A small estate affidavit is a simplified probate alternative for estates below a certain value threshold. It allows heirs to collect assets without formal probate by signing a sworn statement. Thresholds vary by state, ranging from $25,000 to $200,000 or more. Most states require a waiting period after death before using this procedure.

Statutory fees are set by state law as a percentage of the estate value, providing predictability but no room for negotiation. Reasonable fees (used in most states) are based on time, complexity, and local standards, allowing negotiation but less predictability. States like California have statutory fees, while states like Texas use reasonable compensation.