How much does probate cost?
Filing fees, publication, and the big one: attorney and executor fees. Plus what a small-estate process saves.
Probate costs vary a lot by state and estate size, but they fall into a few buckets: court filing fees (often a few hundred dollars), the cost of publishing a creditor notice, and by far the largest, professional fees for the attorney and the executor.
How the big fees work
Some states set attorney and executor fees as a percentage of the estate by statute (for example California and Florida). Others allow “reasonable” hourly fees. On a typical estate, these professional fees are usually the majority of the total cost.
How to pay less
If the estate qualifies for your state's small-estate or summary process, you often skip most of these costs and can do it without a lawyer. That's the single biggest lever, which is why it pays to check whether you even need full probate first.
The executor is generally entitled to a fee too, though family members often waive it.
Answer five quick questions and we'll tell you whether you need probate and the very first thing to do.
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Professional fees for the attorney and executor, which usually dwarf court filing fees. Some states set them by statute; others allow reasonable hourly fees.
Qualify for your state's small-estate process, which skips most of the cost and often needs no lawyer.