court fees attorney fees executor fees appraisers Probate costs typically range from 3% to 7% of the gross estate value [citation:6][citation:8]. Below are typical components:
📌 Example: $1M estate in California → statutory attorney fee ~$23,000 + executor fee same amount + court costs [citation:6].
court fees attorney fee structure executor compensation Data compiled from state statutes, worldpopulationreview, and probate guides [citation:3][citation:8].
| State | Court filing fee (approx) | Attorney / Executor fee structure | Small estate limit | Inheritance/estate tax |
|---|---|---|---|---|
| Alabama | $200–$300 | reasonable compensation | $25,000 | no |
| Alaska | $250+ | reasonable | $50,000 | no |
| Arizona | $350 | reasonable | $75,000 | no |
| Arkansas | $150+ | reasonable | $100,000 | no |
| California | $435 + | statutory %: 4% on first $100k, 3% next $100k, etc. [citation:6] | $184,500 | no (fed estate only) |
| Colorado | $250 | reasonable | $70,000 | no |
| Connecticut | $300+ | reasonable | $40,000 | estate tax >$9.1M |
| Delaware | $250 | reasonable | $30,000 | no |
| Florida | $400 | statutory % (similar to CA) or reasonable [citation:3] | $75,000 | no |
| Georgia | $200+ | reasonable (~2.5% common) [citation:3] | $10,000 (no real estate) | no |
| Hawaii | $300 | reasonable | $100,000 | estate tax |
| Idaho | $200 | reasonable | $100,000 | no |
| Illinois | $350 | reasonable | $100,000 | estate tax |
| Indiana | $200 | reasonable | $50,000 | no |
| Iowa | $200 | reasonable | $25,000 | inheritance tax (phasing out 2025) [citation:3] |
| Kansas | $175 | reasonable | $40,000 | no |
| Kentucky | $200 | reasonable | $30,000 | inheritance tax |
| Louisiana | $300 | reasonable (civil law) | $50,000 | no |
| Maine | $250 | reasonable | $40,000 | estate tax |
| Maryland | $150 | reasonable (cap 9% under $20k) [citation:3] | $50,000 | both inheritance & estate |
| Massachusetts | $250+ | reasonable | $25,000 | estate tax |
| Michigan | $200 | reasonable | $25,000 | no |
| Minnesota | $350 | reasonable | $75,000 | estate tax |
| Mississippi | $150 | reasonable | $50,000 | no |
| Missouri | $250 | reasonable | $40,000 [citation:8] | no |
| Montana | $200 | reasonable | $50,000 | no |
| Nebraska | $175 | reasonable | $50,000 | inheritance tax |
| Nevada | $250 | reasonable | $100,000 | no |
| New Hampshire | $250 | reasonable | $10,000 | no |
| New Jersey | $300 | reasonable | $50,000 | inheritance tax |
| New Mexico | $150 | reasonable | $50,000 | no |
| New York | $1,200+ (large estates) | reasonable (often %-based) | $50,000 | estate tax |
| North Carolina | $200 | reasonable | $20,000 | no |
| North Dakota | $150 | reasonable | $50,000 | no |
| Ohio | $250 | reasonable | $35,000 | no |
| Oklahoma | $150 | reasonable | $50,000 | no |
| Oregon | $350 | reasonable | $75,000 | estate tax |
| Pennsylvania | $250 | reasonable | $50,000 | inheritance tax |
| Rhode Island | $300 | reasonable | $25,000 | estate tax |
| South Carolina | $200 | reasonable | $25,000 | no |
| South Dakota | $150 | reasonable | $50,000 | no |
| Tennessee | $345 (Blount Co. example) [citation:9] | reasonable | $50,000 | no |
| Texas | $250–$400 | reasonable (often %-based, up to 5%) | $75,000 | no |
| Utah | $200 | reasonable | $100,000 | no |
| Vermont | $200 | reasonable | $45,000 | estate tax |
| Virginia | $200 | reasonable | $50,000 | no |
| Washington | $300 | reasonable | $100,000 | estate tax |
| West Virginia | $150 | reasonable | $100,000 | no |
| Wisconsin | $200 | reasonable | $50,000 | no |
| Wyoming | $200 | reasonable (3-10% statutory range) [citation:3] | $200,000 | no |
* "Reasonable" means fee based on actual work/custom; statutory % states have fixed fee schedules (e.g., CA, FL). Small estate limits allow simplified procedures. Data compiled 2026 [citation:3][citation:6][citation:8].
statutory fee schedule California Probate Code §10810 sets attorney & executor fees based on gross estate value (not net) [citation:6].
For a $1M estate: attorney fee = $23,000 + executor fee same amount = $46,000 combined + court costs. That's 4.6% of gross. Executor can waive, but attorney cannot.
reasonable / hourly Texas does not have a statutory percentage. Attorney fees are based on reasonable compensation, often 3–5% of estate value or hourly ($300–$600/hr). Executor fees also reasonable. Small estate affidavit available for estates under $75,000 [citation:3][citation:8].
Harris County (Houston) filing fee approx $350. Independent administration (most common) reduces court involvement, saving costs.
Florida has statutory attorney fees for probate (similar to California but slightly different percentages). For a $1M estate, attorney fee ~$15,000–$20,000. Executor fees also reasonable. Small estate limit $75,000 [citation:3]. Court filing fee approx $400.
Florida requires publication in newspaper (~$100–$200).
Some Canadian provinces have no probate fees (Manitoba, Quebec) [citation:4]. Alberta has the lowest flat fee. US statutory states like CA are comparable to Ontario/BC.
Using a combination of these can reduce probate costs to nearly zero [citation:4][citation:6].
Typically 3% to 7% of the gross estate value, including attorney fees, court fees, and executor compensation [citation:6][citation:8]. For a $1M estate, that's $30,000–$70,000.
California, Florida, and New York have statutory percentage fees that can be high. California attorney fee on $1M is $23,000, plus same for executor [citation:6].
Yes, an executor (especially a family member) can waive their right to compensation, saving estate money [citation:3][citation:6]. Attorney fees generally cannot be waived.
A simplified procedure for estates under a state-specific threshold (e.g., $75,000 in Texas, $184,500 in California) that avoids full probate [citation:3][citation:8].
No. A will is a set of instructions that must be validated through probate court. To avoid probate, you need trusts, beneficiary designations, or joint ownership [citation:8].
Typically 6–18 months. Complex estates can take 2+ years [citation:6][citation:8].
Six states: Iowa (phasing out), Kentucky, Nebraska, New Jersey, Pennsylvania, Maryland [citation:3]. Maryland also has estate tax.
County-level example: Blount County, TN probate filing fees (2026)
Testate/Intestate filing: $345.00. With publication: $431.40. Small estate: $345. Muniment of title: $345. Claims filing: $50. [citation:9]
Fees vary by county; always check local clerk website.
Probate cost information compiled from state statutes, World Population Review [citation:3], 299Trust [citation:6], Protecting Wealth [citation:8], and county fee schedules [citation:9]. Canadian data from KPMG Tax Facts 2025 [citation:4] and forum references [citation:1]. Fees are estimates; actual costs depend on specific circumstances. Consult a local probate attorney.
📌 Tax note: Post-2018, spousal maintenance (alimony) is not deductible; inheritance and estate tax rules vary by state [citation:3].