Estate & Probate

Probate Fee & Timeline Calculator by State

Estimate the statutory probate fees and a realistic timeline for settling an estate in any U.S. state. California and a handful of other states use sliding-scale statutory fee schedules; most states use "reasonable" fees set by court custom. We blend both approaches with state-specific median data.

Estate & state inputs

State

Gross estate value ($)

Total probate assets (those passing through the will or intestacy).

Complexity

Will present?

Estimated total cost

—

≈ 0% of estate

Estimate only. Actual fees depend on the executor's choice of attorney, the court's fee schedule, asset complexity, and any disputes. Some states (CA, FL, IA, MO, MT, WY, AZ) use statutory fee schedules; others use "reasonable" fees.

How probate fees work across the 50 states

Probate is the court-supervised process of validating a will (or applying intestacy law), inventorying assets, paying final debts and taxes, and distributing the remainder to heirs. The cost varies dramatically by state — from a few hundred dollars in states with streamlined small-estate procedures to tens of thousands of dollars in California, where the statutory fee schedule produces some of the highest executor and attorney fees in the country.

Three fee models

American probate fees fall into three broad models:

Statutory percentage schedules — California, Florida, Iowa, Missouri, Montana, Wyoming, and Arizona prescribe sliding-scale percentages based on the estate's gross value. Both the executor and the attorney typically receive the same schedule amount.
"Reasonable fee" standard — Most states (including New York, Texas, Illinois, and Pennsylvania) require fees to be "reasonable" based on the lodestar factors: time, skill, complexity, and result. Local custom typically lands in the range of 2%–5% of the estate.
Hourly billing — Some states and individual attorneys prefer hourly billing, especially for complex or contested estates. Rates range from $250/hr in rural counties to $650+/hr in major metropolitan markets.

The California statutory schedule (Probate Code § 10800, § 10801)

California's executor and attorney fees are computed on a sliding scale applied to the gross estate (not the net). Both receive the same amount, so the total statutory cost doubles the schedule figure.

Estate value	Fee
First $100,000	4% ($4,000)
Next $100,000 ($100K–$200K)	3% ($3,000)
Next $800,000 ($200K–$1M)	2% ($16,000)
Next $9M ($1M–$10M)	1% ($90,000)
Next $15M ($10M–$25M)	0.5% ($75,000)
Above $25M	"Reasonable" — court decides

On a $500,000 California estate, executor + attorney statutory fees total $23,000 — before court costs, publication, appraisal, and accounting fees.

Small-estate shortcuts

Every state offers a simplified procedure for estates below a threshold. The thresholds vary widely: $50,000 in New York, $100,000 in California (with a simplified affidavit), $150,000 in Texas, and as much as $275,000 in Washington. When the estate qualifies, probate can often be avoided entirely through a small-estate affidavit — see our small-estate affidavit guide for state-by-state thresholds.

What drives the timeline

Probate typically takes 6–12 months for a simple estate with no disputes. Three factors extend it: (1) creditor claim periods of 4–6 months in most states; (2) the need to sell real estate, which adds 60–180 days; and (3) contested proceedings, which can add a year or more. Our state-by-state probate walk-through covers each step in detail.

Keep Reading

Related explainers

Estate & Probate13 min read

The Probate Process Explained: A State-by-State Walkthrough

How probate works from petition to distribution, plus the differences between formal, supervised, and small-estate proceedings across all 50 states.

Read article

Estate & Probate11 min read

How to Avoid Probate: Living Trusts, POD Accounts, and Deeds

Six practical strategies for keeping assets out of probate, including revocable living trusts, beneficiary designations, and transfer-on-death deeds.

Read article

Estate & Probate9 min read

Inheritance Tax by State: Who Pays and How Much

Six states still levy an inheritance tax. We break down the rates, exemptions, and beneficiary classes that determine what you owe.

Read article

Common Questions

Frequently asked questions

Q: Which states use statutory probate fee schedules?

A handful of states — most notably California, Iowa, Montana, Missouri, Wyoming, and Arkansas — set statutory attorney and personal representative fees as a percentage of the estate's gross value under their state probate code. California's schedule under Probate Code § 10800 is the most well-known, but several states have repealed or modified their schedules in recent years. In states without statutory schedules (the majority), fees must be "reasonable" and are approved by the court based on factors like time, complexity, and the size of the estate. Always check your state's current probate code — legislatures periodically update these schedules, and local court rules can further modify them. This calculator applies the published California schedule and the schedules of other statutory-fee states on an as-available basis.

Q: How does California's probate fee schedule work?

California Probate Code §§ 10800-10804 set statutory fees for both the personal representative and the attorney, calculated on a sliding scale of the estate's gross value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million, and a "reasonable" amount above $25 million. Both the attorney and the personal representative receive the same amount, so combined statutory fees on a $500,000 estate total roughly $26,000 (twice $13,000). Fees are computed on the gross estate value — mortgages and debts do not reduce the fee base, which is why a heavily mortgaged property still generates a large fee. "Extraordinary" services like selling real property or litigating a will contest can be billed additionally at hourly rates with court approval.

Q: What is a small-estate affidavit and when can I use one?

A small-estate affidavit is a simplified probate alternative that lets heirs collect a decedent's assets without formal court proceedings. In California, under Probate Code § 13100, you can use one if the estate's gross value (excluding vehicles and certain real property) is $184,500 or less — a figure the legislature adjusts every three years (next adjustment in 2026). The affidavit must be signed under penalty of perjury, and you must wait at least 40 days after the decedent's death before presenting it. Other states have similar procedures with different thresholds: Texas allows affidavits for estates up to $75,000, while Florida's threshold is also $75,000. This process avoids statutory probate fees entirely and usually takes a few weeks rather than the 7-12 months a formal probate requires.

Q: How long does probate typically take?

In California, formal probate typically takes 7-12 months from filing the petition to final distribution, assuming no complications. Mandatory waiting periods include a 4-month creditor claims window (extended by publishing notice in a local newspaper) and a court-supervised inventory and appraisal process. Contested wills, complex asset valuations, or disputes among beneficiaries can extend the timeline to 18 months or more. States that offer "independent administration" — like Texas and Florida — bypass much of the court oversight and can cut the timeline to 4-6 months. Estates with real property in multiple states require ancillary probate in each state, adding time and cost.

Q: Do all assets go through probate?

No — many common assets pass outside of probate. Assets with named beneficiaries (life insurance, retirement accounts like 401(k)s and IRAs, payable-on-death bank accounts) go directly to the named beneficiary upon presentation of a death certificate. Property held in joint tenancy with right of survivorship, or in a revocable living trust, also avoids probate. Assets held as community property with right of survivorship (in community property states) similarly pass outside probate. Only assets held solely in the decedent's name without a beneficiary designation — and exceeding the small-estate threshold — typically require probate. The "probate estate" is often a small fraction of the decedent's total holdings, which is why gross-value statutory fees can feel disproportionate.

Q: Can I avoid probate entirely?

In most cases, yes — with proper planning. A revocable living trust is the most common probate-avoidance tool: you transfer assets to the trust during your lifetime, and the successor trustee distributes them according to your wishes without court involvement. Other tools include beneficiary designations on all financial accounts, joint tenancy or tenancy-by-the-entirety for real property, and small-estate affidavits for modest holdings. Some assets — like IRAs and 401(k)s — are inherently non-probate assets because of their beneficiary designations. Probate avoidance isn't free (a basic living trust typically costs $1,500-$3,500 to set up with an attorney) and doesn't avoid estate taxes, but it can save your heirs significant time, fees, and public disclosure.