Probate is the legal process of validating a will and distributing a deceased person's estate. Probate costs vary significantly by state and estate value, often consuming 3% to 7% of total assets. This calculator estimates attorney fees, executor fees, court costs, and miscellaneous expenses so you can plan ahead and explore strategies to minimize or avoid probate entirely.
Estate Information
Total value of assets subject to probate
Fee schedules vary by state
Cost Breakdown
Estimated fees and expenses for probate
California Statutory Fee Schedule
Probate Code Section 10810 — applies to both attorney and executor
| Estate Value Tier | Fee Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Above $10,000,000 | 0.5% |
Assets That Avoid Probate
The following asset types transfer directly to beneficiaries without going through probate, potentially saving thousands in fees:
- Living Trusts — assets held in a revocable or irrevocable trust bypass probate entirely
- Joint Tenancy — property with right of survivorship passes directly to the surviving owner
- TOD/POD Accounts — transfer-on-death and payable-on-death designations on bank and investment accounts
- Life Insurance — proceeds paid to named beneficiaries are not subject to probate
- Retirement Accounts — 401(k), IRA, and pension accounts with designated beneficiaries
Estimates Only — Consult a Professional
These are estimates based on typical fee schedules. Actual probate costs may vary based on estate complexity, contested claims, real estate in multiple jurisdictions, and individual attorney agreements. Always consult a probate attorney for specific guidance.
How to Use This Probate Cost Calculator
When a person passes away, their estate often goes through probate — the court-supervised process of validating the will, paying debts, and distributing assets to heirs. Probate costs can consume a significant portion of an estate, typically ranging from 3% to 7% of total probate assets. This calculator helps you estimate those costs before they arise, so you can plan ahead and explore strategies to protect your estate's value.
Step 1: Enter the Estate Value
Enter the total value of assets that will be subject to probate. This includes real estate titled solely in the decedent's name, bank accounts without payable-on-death designations, personal property, vehicles, and any other assets not held in a trust or with a beneficiary designation. Assets held in living trusts, joint tenancy property, life insurance with named beneficiaries, and retirement accounts with designated beneficiaries typically bypass probate and should not be included.
Step 2: Select Your State
Probate fees vary dramatically by state. California uses a statutory fee schedule set by the Probate Code, where both the attorney and executor receive identical fees based on tiered percentages. Florida allows reasonable fees up to 3% for estates over $1 million. New York uses a sliding scale from 5% down to 2%. Texas permits up to 5% for executor compensation. If your state is not listed, the "General" option provides a national average estimate using typical percentage ranges.
Step 3: Review the Cost Breakdown
After clicking Calculate, you will see a detailed breakdown of estimated probate costs including attorney fees, executor fees, court filing costs, and miscellaneous expenses such as appraiser fees, bond premiums, and publication costs. The summary shows the total estimated cost and what percentage of the estate it represents. For California estates, a detailed fee schedule table shows exactly how the statutory fees are calculated tier by tier.
Strategies to Reduce Probate Costs
The most effective way to reduce probate costs is to minimize the value of assets that pass through probate. Establishing a revocable living trust allows assets to transfer to beneficiaries without court involvement. Adding transfer-on-death (TOD) designations to investment accounts and payable-on-death (POD) designations to bank accounts ensures direct transfer. Joint tenancy with right of survivorship on real estate automatically passes the property to the surviving owner. Life insurance proceeds and retirement accounts with named beneficiaries also bypass probate entirely.
When to Consult a Probate Attorney
While this calculator provides useful estimates, every estate is unique. Complex estates involving real property in multiple states, business interests, contested wills, or significant tax implications should be reviewed by a qualified probate attorney. Many attorneys offer free initial consultations and can provide accurate fee quotes based on your specific situation. Early planning with an estate attorney can save heirs thousands of dollars in probate fees and months of delay.
FAQ
Is this probate cost calculator free?
Yes, this probate cost calculator is completely free with no signup or account required. All calculations run locally in your browser. No financial data is ever sent to any server.
Is my financial data private?
Absolutely. All calculations happen entirely in your web browser using client-side JavaScript. No data is transmitted, stored, or logged anywhere. You can verify this by disconnecting from the internet after the page loads.
How much does probate cost in California?
California uses a statutory fee schedule for probate attorney and executor fees. The rates are: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of amounts above $10 million. Both the attorney and executor receive the same fee.
What is the average cost of probate?
Probate costs typically range from 3% to 7% of the total estate value. The exact amount depends on the state, estate complexity, and whether fees are set by statute or negotiated. Court filing fees, appraisal costs, and miscellaneous expenses add to the total.
Can I avoid probate costs entirely?
Yes, several strategies can help assets bypass probate entirely. Living trusts, joint tenancy with right of survivorship, transfer-on-death (TOD) designations, payable-on-death (POD) accounts, and life insurance beneficiary designations all transfer assets outside of probate.
What is the difference between attorney fees and executor fees?
Attorney fees compensate the lawyer who guides the estate through probate court. Executor fees compensate the person named in the will who manages the estate. In states like California, both fees follow the same statutory schedule. In other states, executor fees may be a percentage of the estate or a reasonable amount approved by the court.
How long does probate take?
Simple probate cases typically take 6 to 12 months, while complex estates with disputes, real estate in multiple states, or tax issues can take 2 to 3 years or longer. Attorney fees may increase with prolonged proceedings, especially in states where fees are hourly rather than statutory.
Does every estate go through probate?
No, not every estate requires probate. Small estates below a state-specific threshold often qualify for simplified procedures. Assets held in trusts, joint tenancy, or with designated beneficiaries pass outside of probate. Many states offer small estate affidavits for estates under $50,000 to $200,000.