What is the average cost of probate?

Probate typically costs 3–7% of the estate's gross value: $15,000–$35,000 on a $500,000 estate and $60,000–$140,000 on a $2 million estate. The biggest share goes to the attorney and the executor; court fees, publication, bonds, appraisals, and accounting make up the rest.

Who pays the probate attorney — the executor or the estate?

The estate pays. Attorney fees are an administrative expense paid from the estate's assets before anything is distributed to beneficiaries. The executor does not pay them out of pocket — though if the estate is temporarily cash-poor, beneficiaries sometimes cover upfront costs and get reimbursed later.

How do probate attorneys charge?

Three ways: hourly ($150–$600 nationally, $150–$400 typical), flat fee ($3,000–$10,000 for a straightforward uncontested estate; $10,000+ if large or contested), or a statutory percentage of the estate's value. Seven states — California, Florida, Arkansas, Iowa, Missouri, Montana, and Wyoming — set the percentage by law.

Which states charge probate fees as a percentage of the estate?

California, Florida, Arkansas, Iowa, Missouri, Montana, and Wyoming. California's schedule is the best-known: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then lower tiers — and it applies to the executor separately too, so a $500,000 estate pays $13,000 to each. Percentage fees are calculated on gross value, so a mortgage does not reduce them.

Can probate costs be reduced?

Yes. Compare quotes and get the fee agreement in writing before work begins; keep the estate's records immaculate and respond to the attorney and court quickly, since delays bill by the hour. Family executors can waive their commission, and small estates may qualify for affidavit or summary procedures. Above all, avoid disputes — litigation is the single biggest cost multiplier.

Estate Planning

How Much Does Probate Cost? Full Fee Breakdown 2026

Probate typically costs 3–7% of the estate’s value — $15,000–$35,000 on a $500,000 estate. Here is where that money goes.

MKD Editorial Team October 24, 2026 6 min read Figures checked 24 Oct 2026

Flat illustration of a balance scale weighing gold coins against a courthouse, in deep teal and gold on pale cream, representing probate costs — Every dollar of probate cost comes out of the estate before heirs see a cent.

Key takeaways

Probate typically costs 3–7% of the estate’s gross value — $15,000–$35,000 on a $500,000 estate — paid from the estate’s assets, not the executor’s pocket.
Attorney fees are the biggest line item: hourly ($150–$600), flat ($3,000–$10,000), or a statutory percentage in states like California and Florida.
The executor’s commission (1–5% of the estate) is a second check on top of the attorney’s fee — and it is paid before beneficiaries receive anything.

The headline number: 3% to 7% of the estate

Across the United States, probate typically consumes 3% to 7% of the estate’s gross value. On a $500,000 estate that works out to $15,000–$35,000; on a $2 million estate, $60,000–$140,000 is not unusual. Note the word gross: where fees are a percentage, they are based on total asset value, not equity. A house appraised at $500,000 with a $400,000 mortgage generates the same fee as a paid-off $500,000 house. The exact total depends on your state, the estate’s size and complexity, and how long probate takes, because professionals bill while the case stays open.

Attorney fees: the biggest line item

Attorney fees are usually the largest single cost, and they come in three shapes. Hourly billing is the most common: nationally, probate attorneys charge $150 to $600 per hour, with $150–$400 the typical range. Flat fees run $3,000 to $10,000 for a straightforward, uncontested estate — about $1,500 is the norm for a truly routine case — climbing to $10,000 or more when the estate is large or contested. The third shape is the statutory percentage: California, Florida, Arkansas, Iowa, Missouri, Montana, and Wyoming set fees by law as a percentage of the estate’s value. California’s schedule charges 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then lower tiers above $1 million — $13,000 on a $500,000 estate. Get the arrangement in writing first — and note it comes out of the estate, never the executor’s pocket.

Executor fees: the second check

The executor — called a personal representative in some states — is entitled to be paid for administering the estate, and this is a separate cost from the attorney’s fee. Nationally, executor pay typically falls between 1% and 5% of the estate’s value. Roughly half the states set the fee by statute: California uses the same 4-3-2-1-0.5% schedule as its attorneys, so a $500,000 estate generates another $13,000 for the executor — the estate pays the percentage twice, $26,000 total, before any other cost. The rest of the states let the court decide “reasonable compensation.” The will itself can override the statute — or direct the executor to serve unpaid. Family members often waive the fee entirely: executor pay is taxable income, while the inheritance itself generally is not, so a larger inheritance instead can mean real tax savings.

Flat illustration of a segmented pie chart beside a stack of gold coins, in deep teal and gold on pale cream, showing how probate costs are divided — The attorney and executor take the two biggest slices; the court takes the rest.

Court fees and the small stuff that adds up

Beyond the two big commissions, a stack of smaller bills fills out the total. Court filing fees run $50 to $1,200 by state and estate size — California charges $435 per petition, and a probate often needs several. Newspaper publication of the required creditor notice costs roughly $50 to $300. If the will does not waive it, the executor must post a surety bond, with premiums of 0.5% to 1% of the bond amount per year. Appraisals of real estate or businesses run from several hundred to several thousand dollars. Add certified death certificates ($50–$200 for the stack you will need), plus accounting and tax preparation for the estate’s final returns. Individually these look trivial; together they routinely reach $1,500–$3,000 even on a modest estate.

A worked example: a $500,000 estate

Put it together for a straightforward $500,000 estate in a typical “reasonable fee” state — one house, one bank account. Court filing fees: $400. Attorney’s flat fee: $6,500 (mid-range of the $3,000–$10,000 norm for uncontested cases). Executor commission: $10,000 — 2% of the estate, inside the 1–5% national range (a family executor who waives it saves the heirs this entire line). Publication: $250. Appraisal: $600. Death certificates: $150. Accounting and tax prep: $800. The bond is waived by the will: $0. Total: $18,700 — about 3.7% of the estate, inside the 3–7% national band. In a statutory state the attorney’s percentage alone would start at $13,000. Every figure assumes a smooth run: one dispute can push the attorney’s line past the whole total.

What drives costs up — and how to hold them down

Complexity is the multiplier. Will contests and beneficiary disputes turn a flat fee into an open-ended hourly bill. Business interests and hard-to-value assets need specialist appraisals. Out-of-state property triggers ancillary probate — a second case with its own fees. And organization matters as much as size: a well-documented modest estate can cost less than a disorganized larger one. To hold the line: get written fee agreements before work begins, compare quotes, keep the estate’s records immaculate, and respond to the attorney and court quickly — delays bill by the hour. For perspective on the alternative, see what it costs to set up a trust — and if you want to keep an estate out of court entirely, our guide to how to avoid probate covers the legal options.

Sources & further reading

External figures come from these sources; the example is our own arithmetic built from them.

eLegacy Law — How Probate Actually WorksThe 3–7% national range; $15,000–$35,000 on a $500,000 estate (curl: 200, 24 Oct 2026).
SwiftProbate — Probate Attorney Cost by State$150–$600/hour, $3,000–$10,000 flat, and the seven statutory-percentage states (curl: 200, 24 Oct 2026).
LocalAttorneyFees — Probate Lawyer Fees$1,500–$4,000 for simple cases, $10,000+ for larger or contested ones (curl: 200, 24 Oct 2026).
Homelight — What Is a Probate Attorney?Nolo’s $150–$250 hourly and $1,500 flat-fee norms; California’s 4/3/2/1/0.5% schedule (curl: 200, 24 Oct 2026).
LegalClarity — How Much Does the Executor of a Will Get Paid?Executor pay of 1–5% of the estate; half the states statutory, half “reasonable” (curl: 200, 24 Oct 2026).