Probate Cost by State (2026 Guide)
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 |
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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.
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Try EstateClarity freeHow 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?
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Appraisal fees: $250-$500 per property. Multiple properties: $1,000+.
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Publication notices: $100-$500 depending on market.
-
Bond premiums: 0.5-1% of estate value annually. On $500K: $2,500-$5,000/year.
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Certified copies: $5-$25 each, dozens needed.
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Tax preparation: Estate tax returns cost $2,000-$10,000.
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Ongoing property costs: Mortgage, insurance, property taxes, maintenance during 12-18 month average probate.
-
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.
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.
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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 →
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