How Much Does Probate Cost?

Probate costs typically run 4-8% of the estate value, depending on the state. 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.

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. Use our Do I Need a Trust? tool to see if a trust makes sense for your situation, or start with SimplyTrust — a revocable trust online in roughly 15 minutes.

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 $15,000 to $400,000. Most states require a waiting period after death before using this procedure. Our Probate Self-Filing Guide shows whether an estate qualifies.

Probate lawyer fees vary by state and by fee structure. Some states (like California and Florida) set statutory fees as a percentage of the estate value, following a fee schedule in state law — predictable but not negotiable. Most other states use "reasonable" fees based on time, complexity, and local standards, which can be negotiated but are less predictable. Combined with executor fees and court costs, total probate typically runs 4-8% of the estate value. This probate attorney fee calculator estimates the state-specific breakdown. Select a state to see its attorney fee.