Most families lose 3% to 7% of their gross estate value to court costs and legal fees. But costs vary wildly—a $500k estate in Texas might cost $5k to settle, while the same estate in California costs $13k+. Here is the state-by-state data.
Why Your ZIP Code Dictates Your Bill
Probate is governed by state law, not federal. This creates two distinct fee environments across the US:
1. Statutory States
Fees are fixed by law as a percentage of the gross estate. Examples: California, Florida, Wyoming, Hawaii, Missouri.
2. "Reasonable" States
Fees are negotiated based on hours worked or complexity. Examples: Texas, Ohio, Georgia, Arizona, Illinois.
Comparison: Typical Costs for a $500,000 Estate
| State | Est. Legal Fee | Court Cost | Fee Type |
|---|---|---|---|
| California | $13,000 | $435+ | Statutory |
| Florida | $15,000 | $345-$400 | Statutory |
| New York | $8,000-$20,000 | Up to $1,250 | Hybrid |
| Texas | $2,500-$5,000 | $120-$360 | Reasonable |
| Wisconsin | $2,000-$4,000 | $150-$250 | 2% Cap |
Calculate Your Exact State Costs
Every state has its own sliding scale and filing fee schedules. Our calculator uses current 2025 statutes to give you a reliable estimate in seconds.
Go to 50-State Calculator4 Factors That Inflate Your Probate Bill
1. Real Estate Location
If you own property in two states, you must conduct two separate probates (Ancillary Probate), effectively doubling your costs.
2. Gross vs. Net Value
In states like California, fees are based on the market value of the house, not the equity. You pay fees on the mortgage balance too.
3. Executor Commissions
Unless they waive it, executors are entitled to a fee. In many states, this matches the attorney's statutory rate.
4. Creditor Battles
If an estate is insolvent (more debt than assets), legal fees increase as the attorney must negotiate with every creditor.
Data Transparency: These estimates are based on 2025 probate codes and actual fee agreements reported by our network of estate planning attorneys. Always consult a local attorney for a binding quote.
Frequently Asked Questions
Which states are the most expensive for probate?
California and New York are generally considered among the most expensive. California uses a gross value statutory fee schedule, meaning debts aren't subtracted before calculating fees. New York combines high filing fees with statutory executor commissions.
Are probate attorney fees negotiable?
In most states, yes. Even in statutory states like California and Florida, the law sets the maximum reasonable fee, but you can negotiate a lower rate or an hourly agreement with your attorney.
Do all states have the same probate fees?
No. States like California, Florida, and Wyoming have statutory fee schedules set by law. Most other states use a "reasonable compensation" model where the court approves fees based on time spent and complexity.
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