Probate Attorney Fees: How Much Do Lawyers Charge in 2025?

Attorney fees are often the single largest expense in settling an estate. Understanding how these fees are calculated in 2025 can help you budget correctly and potentially save the estate thousands of dollars.

Common Fee Structures

Probate attorneys typically use one of three methods to bill for their services:

1. Hourly Rates

This is the most common method in "reasonable compensation" states. You pay only for the actual time the lawyer spends on your case. In 2025, rates typically vary from $200 to over $600 per hour depending on location.

2. Flat Fees

For very simple or "summary" probates, some attorneys will offer a flat fee. This provides cost certainty but may not be available for complex estates with many assets or creditors.

3. Statutory Percentages

In states like California and Florida, fees are set by law as a percentage of the estate's gross value. Both the attorney and executor are usually entitled to the same statutory fee.

How to Lower Legal Costs

• 01.Negotiate: Even in statutory states, the law sets the maximum reasonable fee. You can always ask for a lower rate.
• 02.Do some work yourself: Handle the asset gathering and basic notifications to save the lawyer's billable time.
• 03.Use simplified procedures: See if you qualify for lower-cost alternatives with our Small Estate Checker.