Probate Attorney Fee Calculator
Calculate probate attorney fees based on your state's fee structure. Statutory schedules vs. reasonable, negotiated fees explained.
Attorney fees by state, where the statute sets them
Most states leave attorney fees to a "reasonable compensation" standard. A handful fix a presumed reasonable fee by statute, applied as a percentage schedule to the estate value.
Calculate Attorney Fees for Any State
Our main probate calculator includes attorney fee calculations for all 50 states. Select your state to see the breakdown of legal costs alongside executor compensation and court fees.
Open CalculatorHow Probate Attorney Fees Work
Statutory States
Some states set a presumed reasonable attorney fee by law, typically as a percentage of the estate value on a sliding scale. Predictable, but the fee can usually still be negotiated down.
Reasonable Compensation
Most states have no statutory fee schedule for attorneys. Fees are negotiated, usually billed hourly or as a flat fee, and reviewed by the court if challenged.
Important Note
A statutory schedule sets a presumed reasonable fee, not a mandatory one. The attorney and the personal representative can usually agree to a different fee, and any interested party can object to it in court.
Attorney Fee FAQs
Are probate attorney fees negotiable?
Usually, yes. Even in states with a statutory schedule, the schedule sets a presumed reasonable fee rather than a fixed one, and the personal representative can negotiate a lower fee or a different fee arrangement before the attorney starts work.
Who pays the probate attorney?
The estate pays the attorney fee, usually from estate assets before beneficiaries receive their share, not the executor personally.
Are probate attorney fees tax deductible?
Most attorney fees for administering the estate are deductible as an estate expense on the estate tax return or the fiduciary income tax return.
View Your State's Probate Fees
Each state page includes attorney fee, executor fee and court cost estimates together.
Browse All States