See exactly what your will says — free.

    Try EstateClarity
    Back to Blog
    Sarah Mitchell, AI Client Experience Lead at EstateClarity

    By Sarah Mitchell

    AI Client Experience Lead · Published May 4, 2026

    Sarah is an AI. Meet her →

    Probate Cost by State (2026 Guide)

    15 min read· ·Last updated: 2026-05-04

    Probate costs typically range from 3-8% of the estate's value, with the national average running $14,000-$15,000 for a $500,000 estate. The total depends heavily on your state, the complexity of the estate, and whether beneficiaries contest the will.

    These costs include court filing fees ($50-$1,200), attorney fees (2-5% of estate value or $150-$500/hour), executor compensation (1-5% of estate value), appraisal fees ($250-$500 per asset), and miscellaneous costs like publication notices and certified copies.

    How Much Are Probate Court Filing Fees by State?

    Court filing fees are the most predictable cost because they are set by statute. They range from $25 to over $1,200.

    State Filing Fee Attorney Fees Executor Fee Small Estate Threshold Est. Total ($500K)
    Alabama $50-$300 2-3% Reasonable $25,000 $12K-$18K
    Alaska $75-$200 $200-$400/hr Reasonable $100,000 $10K-$16K
    Arizona $262-$362 $200-$350/hr Reasonable $75,000 $8K-$14K
    Arkansas $165-$300 2-5% Up to 10% $100,000 $15K-$25K
    California $435-$1,235 Statutory ~$13K on $500K Statutory ~$13K on $500K $239,700 $28K-$35K
    Colorado $199-$299 $200-$400/hr Reasonable $80,000 $8K-$14K
    Connecticut $150-$500 $200-$400/hr Reasonable $40,000 $10K-$16K
    Delaware $200-$350 $200-$400/hr Reasonable $30,000 $10K-$15K
    Florida $235-$400 3% statutory 3% statutory $75,000 $30K-$35K
    Georgia $200-$350 2-3% 2.5% $10,000 $14K-$20K
    Hawaii $100-$250 $200-$350/hr Reasonable $100,000 $10K-$16K
    Idaho $100-$250 $150-$300/hr Reasonable $100,000 $7K-$12K
    Illinois $300-$500 $200-$400/hr Reasonable $100,000 $10K-$16K
    Indiana $150-$300 $200-$350/hr Reasonable $50,000 $8K-$14K
    Iowa $100-$250 2% 2% $25,000 $18K-$24K
    Kansas $175-$300 $150-$300/hr Reasonable $40,000 $8K-$14K
    Kentucky $150-$300 $200-$350/hr Up to 5% $15,000 $12K-$18K
    Louisiana $200-$400 $200-$400/hr Reasonable $75,000 $10K-$16K
    Maine $75-$200 $200-$350/hr Reasonable $40,000 $8K-$14K
    Maryland $150-$600 $200-$400/hr Up to 9% $50,000 $15K-$22K
    Massachusetts $150-$375 $200-$400/hr Reasonable $25,000 $10K-$16K
    Michigan $150-$300 $200-$350/hr Reasonable $24,000 $8K-$14K
    Minnesota $300-$400 $200-$350/hr Reasonable $75,000 $8K-$14K
    Mississippi $150-$300 $200-$350/hr Up to 7% $50,000 $12K-$18K
    Missouri $50-$200 2-5% Up to 5% $40,000 $15K-$22K
    Montana $70-$200 $150-$300/hr Reasonable $50,000 $7K-$12K
    Nebraska $50-$200 $150-$300/hr Reasonable $50,000 $7K-$12K
    Nevada $250-$400 $200-$350/hr Reasonable $25,000 $10K-$16K
    New Hampshire $150-$300 $200-$350/hr Reasonable $10,000 $10K-$16K
    New Jersey $150-$300 $200-$400/hr Up to 6% $20,000 $14K-$20K
    New Mexico $150-$300 $150-$300/hr Reasonable $50,000 $7K-$12K
    New York $215-$1,250 Statutory ~$17.5K on $500K Statutory ~$17.5K on $500K $30,000 $32K-$40K
    North Carolina $120-$300 $200-$350/hr Up to 5% $20,000 $12K-$18K
    North Dakota $75-$200 $150-$300/hr Reasonable $50,000 $7K-$12K
    Ohio $200-$400 $200-$350/hr Up to 4% $35,000 $12K-$18K
    Oklahoma $100-$250 2-5% Up to 5% $20,000 $14K-$20K
    Oregon $200-$400 $200-$350/hr Reasonable $275,000 $8K-$14K
    Pennsylvania $150-$350 $200-$400/hr Reasonable $50,000 $10K-$16K
    Rhode Island $100-$250 $200-$350/hr Reasonable $15,000 $10K-$16K
    South Carolina $100-$250 $200-$350/hr Up to 5% $25,000 $12K-$18K
    South Dakota $50-$150 $150-$300/hr Reasonable $50,000 $6K-$10K
    Tennessee $200-$400 $200-$350/hr Reasonable $50,000 $8K-$14K
    Texas $300-$500 $200-$350/hr Up to 5% $75,000 $8K-$12K
    Utah $200-$400 $200-$350/hr Reasonable $100,000 $8K-$14K
    Vermont $100-$250 $200-$350/hr Reasonable $10,000 $10K-$16K
    Virginia $75-$200 $200-$350/hr Up to 5% $50,000 $12K-$18K
    Washington $200-$400 $200-$350/hr Reasonable $100,000 $8K-$14K
    West Virginia $100-$250 $200-$350/hr Reasonable $50,000 $8K-$14K
    Wisconsin $50-$200 $150-$300/hr Up to 2% $50,000 $5K-$10K
    Wyoming $50-$150 $150-$300/hr Reasonable $200,000 $5K-$10K

    Get a free AI analysis of your will — see what your estate would face in probate.

    ⚠️

    Free Guide: 7 Red Flags in Your Will

    Most wills have at least one of these issues. Find out if yours does.

    Which States Have the Highest Probate Costs?

    California uses a statutory fee schedule: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% above $1M. On $500K: approximately $13,000 each for attorney and executor — before court costs.

    New York uses a sliding scale for executor commissions. Combined costs on $500K often reach $32,000-$40,000.

    Florida sets attorney and executor fees at 3% each. A $500K estate incurs roughly $30,000-$35,000 in professional fees alone.

    Which States Have the Cheapest Probate?

    Texas uses independent administration that dramatically reduces oversight. Many estates can be probated for $8K-$12K, with "muniment of title" for estates with no debts costing $1,500-$3,000.

    Wisconsin caps executor fees at 2% with low attorney costs: $5K-$10K for a $500K estate.

    Wyoming has a $200,000 small estate threshold and low costs ($5K-$10K). South Dakota is similarly affordable.

    Oregon has a $275,000 small estate affidavit threshold, allowing many estates to bypass formal probate entirely.

    Upload your will for free AI analysis.

    Want to see your executor checklist personalized for ?

    Try EstateClarity free

    How Much Does Probate Cost in Canada?

    Province Fee Structure Fee on $500K (CAD) Small Estate Exemption
    Ontario $5 per $1,000 (first $50K free) $2,250 $50,000
    British Columbia $6 per $1,000 (first $25K: $0) $2,850 $25,000
    Alberta Flat fee: $35-$525 $525 None (flat scale)
    Saskatchewan $7 per $1,000 $3,500 None
    Manitoba $7 per $1,000 (first $10K free) $3,430 $10,000
    Quebec $0 notarial / $65-$215 non-notarial $0-$215 N/A
    New Brunswick $5 per $1,000 $2,500 $5,000
    Nova Scotia $85.60 per $1,000 (above $100K) $34,240 $10,000
    Prince Edward Island $4 per $1,000 $2,000 $10,000
    Newfoundland $6 per $1,000 $3,000 None

    Quebec is cheapest with notarial wills ($0). Alberta is capped at $525. Nova Scotia is most expensive. Ontario's 1.5% is the most commonly discussed Canadian probate cost.

    Attorney fees in Canada: $1,500-$5,000 for straightforward estates, $5,000-$15,000 for complex ones, on top of government fees.

    What Are the Hidden Costs Most People Miss?

    1. Appraisal fees: $250-$500 per property. Multiple properties: $1,000+.

    2. Publication notices: $100-$500 depending on market.

    3. Bond premiums: 0.5-1% of estate value annually. On $500K: $2,500-$5,000/year.

    4. Certified copies: $5-$25 each, dozens needed.

    5. Tax preparation: Estate tax returns cost $2,000-$10,000.

    6. Ongoing property costs: Mortgage, insurance, property taxes, maintenance during 12-18 month average probate.

    7. Lost opportunity cost: Assets tied up cannot be invested. On $500K over 12 months: $15,000-$25,000 in lost returns.

    How Can You Reduce or Avoid Probate Costs?

    Revocable living trusts transfer assets outside probate. Setup: $1,500-$5,000 one-time versus recurring probate costs. Especially valuable in CA, NY, FL.

    Beneficiary designations on retirement accounts, life insurance, and bank accounts (POD) pass directly. Free to set up.

    Joint ownership with right of survivorship allows property to pass directly to co-owner.

    Transfer-on-death deeds available in 29 states for real estate.

    Small estate procedures in every state for qualifying estates. Can reduce costs 50-80% and timelines from months to weeks.

    Upload your will for free AI analysis — our AI identifies which assets may be subject to probate and suggests cost reduction strategies.

    How Does Duration Affect Total Cost?

    Complexity Duration Extra Cost
    Simple (single beneficiary, no real estate) 3-6 months Minimal
    Moderate (home, multiple beneficiaries) 6-12 months $2K-$5K ongoing
    Complex (multiple properties, business) 12-24 months $10K-$30K+ ongoing
    Contested (will challenges) 24-48 months $30K-$100K+ litigation

    Average probate duration: 16 months. Every month adds property costs, depreciation risk, and professional fees.

    Simplify your estate planning journey

    Upload your will and get a clear, AI-powered visual breakdown of beneficiaries, asset distribution, and executor responsibilities — personalized for .

    Get Started Free

    Stay up to date on estate planning

    Get notified when we publish new guides and tools.

    Share this article𝕏 TwitterFacebookLinkedIn

    Frequently Asked Questions

    Want the complete executor checklist? Get it free →

    Sarah Mitchell, AI Client Experience Lead at EstateClarity

    About the author

    Sarah Mitchell is the AI Client Experience Lead at EstateClarity. She writes our blog, answers your questions, and helps guide you through the estate planning process. She's transparent about being AI. Meet Sarah →

    You Might Also Like

    Ask Clarity