Probate Cost Calculator by State

Find out what probate could cost in your state. Pick a state and enter the estate value to see the court fee, executor fee and attorney fee, and whether the estate may qualify for a simpler small estate process. Covers 49 states and Washington, D.C.

What does probate cost?

Probate costs usually come from three places: the court filing fee, the executor's fee and the attorney's fee. A few states set the executor and attorney fees by law. California, for example, allows 4% of the first $100,000 of the estate, 3% of the next $100,000 and 2% of the next $800,000, for the executor and again for the attorney. Most states only say fees must be "reasonable," and many lawyers bill by the hour. Newspaper notices, appraisals and bonds add more.

Probate also takes time. Creditors get a set window to file claims, often 3 to 6 months after notice, so most estates take many months to close.

How this calculator works

Set by law: where a state sets executor or attorney fees by statute, the calculator uses that schedule.
Legal maximum: where a state only sets a cap, it shows half the cap up to the full cap.
Estimate: where the law only says "reasonable," it estimates 1% to 3% for the executor and 2% to 4% (at least $2,000) for the attorney.
Court fees are the state fee or a large county's opening fee. Data was checked against state statutes and court fee schedules in November 2026.

Small estates may skip full probate

Most states have a simpler process for small estates, often a sworn affidavit instead of a court case. The limits range from $15,000 in Rhode Island to $400,000 in Wyoming. See the full list in How Much Does an Estate Have to Be Worth to Go to Probate?

How to avoid probate

Assets held in a funded revocable living trust pass to your beneficiaries without probate. Accounts with a named beneficiary and jointly owned property can also skip it. For more options, read How to Avoid Probate.

With 299Trust, you create your own complete, state-specific estate plan, including a revocable living trust, for a one-time fee of $299, or $399 for couples. See plans and pricing.

Frequently asked questions

What counts toward the estate value?

Only probate assets: property in the person's name alone with no beneficiary or co-owner. Life insurance and retirement accounts with a named beneficiary, jointly owned property and assets in a living trust usually don't count. In California, statutory fees are based on the gross value, without subtracting debts like a mortgage.

Can family members waive the executor fee?

Yes. An executor can usually decline the fee, and family members often do. Attorney fees and court costs still apply.

Does this include estate or inheritance tax?

No. Taxes depend on who inherits and on the estate's size. A few states, such as Pennsylvania, charge inheritance tax.

This calculator is for general information only and is not legal, tax or financial advice. Actual costs depend on the estate, the county and the people involved. 299Trust is not a law firm. Check current rules with the probate court or a licensed attorney in your state.