Probate Fees Calculator
Estimate total probate costs by combining a statutory executor commission (California's sliding scale) with attorney time charges. Use this when settling a deceased person's estate to budget for the legal process before assets are distributed.
Last updated: September 2026
Formula below · 1 source (Wikipedia) · Updated Sep 2026
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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. The percentage part uses California's statutory compensation schedule for the personal representative (Probate Code § 10800), one of the best-known statutory schedules: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million (above $25 million the court sets a reasonable amount, not included here). The second part is attorney time: attorneyRate × estimatedHours. Formula: Total = statutory commission + attorneyRate × estimatedHours. In California the attorney is also entitled to the same statutory schedule instead of hourly billing; if your attorney charges the statutory fee, enter the commission amount as a flat fee (hours = 1) or double the percentage part. Other states use 'reasonable compensation', different schedules or hourly fees, and court filing fees and appraisals are extra. Probate costs typically run 3%–8% of the gross estate.
How to use
An estate is valued at $400,000. Statutory commission: 4% × $100,000 = $4,000; 3% × $100,000 = $3,000; 2% × $200,000 = $4,000; total $11,000. The attorney charges $300/hour for an expected 20 hours: $6,000. Total estimated probate cost: $11,000 + $6,000 = $17,000. With the default inputs ($300,000 estate, $300/hour, 40 hours) the commission is $9,000 and the total $21,000. 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.