Probate Cost Estimator

Probate costs are the legal, administrative, and professional fees required to validate a will and distribute a deceased person’s estate through the court system. Most costs are calculated as a percentage of the gross estate value, though some are flat fees.

Total probate cost formula: Total Cost = Attorney Fees + Executor Fees + Court Filing Fees + Appraisal Fees + Other Costs

Percentage-based attorney and executor fees (statutory in many states): Many US states use a sliding-scale fee schedule:

• 4% of first $100,000 of estate
• 3% of next $100,000
• 2% of next $800,000
• 1% of next $9,000,000
• Reasonable rate on amounts above $10,000,000

Percentage-based formula (simplified): Attorney Fee ≈ Estate Value × Fee Rate

Where:

• Estate Value: gross value of probate assets (does not include assets with named beneficiaries: 401k, IRA, life insurance, joint tenancy property, trust assets)
• Fee Rate: typically 2–5% of estate value for combined attorney + executor fees
• Executor fee: the person administering the estate may charge the same as the attorney in states with dual statutory fees; family executors often waive this
• Court filing fees: typically $200–$1,000 depending on state and estate size

Reference: estimated probate costs by estate size:

• $100,000 estate: $5,000–$8,000 (5–8%)
• $250,000 estate: $10,000–$18,000 (4–7%)
• $500,000 estate: $18,000–$30,000 (3.5–6%)
• $1,000,000 estate: $30,000–$50,000 (3–5%)

Probate avoidance strategies and their costs:

• Revocable living trust: $1,500–$5,000 to set up: avoids probate entirely
• Transfer-on-death deeds: $50–$200 filing fee: avoids probate for real estate
• Joint tenancy: free: avoids probate for jointly owned assets

Worked example: Estate value: $350,000. California statutory fees apply. Attorney fee = executor fee.

• 4% of first $100,000 = $4,000
• 3% of next $100,000 = $3,000
• 2% of next $150,000 = $3,000
• Attorney fee subtotal = $10,000
• Executor fee (same calculation) = $10,000
• Court and appraisal fees = $2,500 (estimated)
• Total probate cost ≈ $22,500 (6.4% of estate)

Timeline: probate typically takes 9–18 months. A living trust would have transferred all assets within weeks at a one-time setup cost of $2,000–$4,000 — a clear financial advantage for estates over $200,000.