Probate Fees Calculator
Estimate total probate costs by combining statutory court fees with attorney time charges. Use this when settling a deceased person's estate to budget for the legal process before assets are distributed.
About this calculator
Probate is the court-supervised process of validating a will and distributing an estate, and it comes with two main cost buckets. This calculator uses the formula: Total Probate Cost = (Estate Value × 0.04) + (Attorney Hourly Rate × Estimated Hours). The first term applies the common 4% statutory fee that many states charge on the gross estate value — covering court filing fees, executor commissions, and administrative costs. The second term captures attorney fees billed at an hourly rate for tasks like filing petitions, resolving creditor claims, and drafting distribution documents. Some attorneys charge a flat percentage instead of hourly; in those cases you can set estimated hours to 1 and enter the flat fee as the rate. Probate costs typically range from 3%–8% of the gross estate, depending on complexity and jurisdiction.
How to use
An estate is valued at $400,000. The statutory fee component: $400,000 × 0.04 = $16,000. The attorney charges $300/hour and the estate is expected to take 20 hours to administer. Attorney fees: $300 × 20 = $6,000. Total estimated probate cost: $16,000 + $6,000 = $22,000. This means roughly $22,000 will be deducted from the estate before heirs receive their distributions. Knowing this in advance helps executors plan for liquidity and consider whether a living trust might reduce costs.
Frequently asked questions
How much does probate typically cost as a percentage of the estate?
Probate costs generally range from 3% to 8% of the gross estate value, though simple estates can come in lower and contested ones can far exceed 10%. The main components are executor commissions (often 2%–4%), attorney fees (statutory or hourly), court filing fees (usually a few hundred dollars), and miscellaneous costs like appraisals and publication notices. A $500,000 estate might realistically incur $15,000–$40,000 in probate fees before a single dollar reaches the beneficiaries.
How can I reduce or avoid probate fees for my estate?
The most effective strategies are establishing a revocable living trust (assets in the trust pass directly to beneficiaries without probate), designating beneficiaries on retirement accounts and life insurance policies, titling assets as joint tenancy with right of survivorship, and using payable-on-death (POD) or transfer-on-death (TOD) designations on bank and brokerage accounts. Many states also offer simplified probate for small estates — those below $50,000–$200,000 depending on jurisdiction — which dramatically reduces fees and court involvement. Estate planning done proactively is almost always cheaper than probate.
What is the 4% probate fee and how is it applied to an estate?
Many states — California being the most notable — set statutory probate fees at a sliding percentage of the gross estate value, often starting at 4% for the first $100,000 and declining at higher tiers (e.g., 3% for the next $100,000, 2% for the next $800,000). The fee applies to the gross estate, meaning it is calculated on the total value of assets before debts and mortgages are subtracted. This can make probate surprisingly expensive for an estate with a high-value mortgaged home. Both the executor and the attorney may each be entitled to this statutory fee, effectively doubling the cost.