Probate Costs by State (2026): Filing Fees, Attorney Fees & Executor Commissions

HomeAvoiding Probate › Probate Costs by State

There are two kinds of probate states. In 8 states, attorney or executor fees are set by statutory schedule — fixed percentages of the estate, not negotiable for routine administration. In the other 43 jurisdictions, fees are "reasonable compensation," typically 2–5% of the estate in practice.

  • Statutory-schedule states: California, Florida, Missouri, Arkansas, Wyoming, Ohio, Oklahoma, South Dakota
  • On a $500,000 estate, statutory fees alone run from roughly $12,600 (Oklahoma, executor only) to $26,000 (California — attorney and executor each take $13,000)
  • Court filing fees range from $30 (New Mexico) to value-scaled ladders (South Carolina: $845+ on large estates)

Every figure below comes from state statutes and court fee schedules, cited per state; see methodology. Updated when legislatures change fees — see the update log.

Probate Costs in All 50 States + D.C. (2026)

StateCourt Filing FeeAttorney Fee RuleTypical Timeline
AlabamaVaries by countyReasonable compensation6-18 months typical; contested estates can take years
AlaskaVaries by countyReasonable compensation6-12 months for straightforward estates
ArizonaVaries by countyReasonable compensation6–12 months typical
ArkansasVaries by countyStatutory schedule (§ 28-48-108(d)(2))6–12 months (simple); 12–24 months (complex)
CaliforniaVaries by countyStatutory schedule (Prob. Code §10810)12-18 months typical; 24+ months for complex estates
ColoradoVaries by countyReasonable compensation6–12 months typical
ConnecticutVaries by countyReasonable compensation9-18 months; contested cases 2+ years
DelawareVaries by countyReasonable compensationApproximately 1 year; 8-month minimum (creditor claim period
FloridaVaries by countyStatutory schedule (F.S. 733.6171, presumed reasonable)6–12 months typical
GeorgiaVaries by countyReasonable compensation6–12 months
HawaiiVaries by countyNo statutory schedule — reasonable compensation; typically 3-7% of estate value6-12 months; complex estates may take longer
IdahoStarting at ~$166No statutory schedule — reasonable compensation; typically 3-7% of estate value6-12 months; complex estates 1-2 years
IllinoisVaries by countyNo statutory schedule — reasonable compensation standard; typically $3,000-$7,006-12 months (independent admin); complex estates 2+ years
IndianaVaries by countyReasonable compensation6–12 months
IowaVaries by countyStatutory — $220 + 2% of estate value over $5,000 (Iowa Code § 633.198)Up to 2 years; must close within 3 years
KansasVaries by countyReasonable compensation6–12 months
KentuckyVaries by countyNo statutory schedule — reasonable compensation standard6–12 months; complex estates 1–2+ years
LouisianaVaries by countyReasonable compensationSimple uncontested succession: 2-4 months; complex: 6-12+ mo
Maine$20 (will filing); appointment certificates $10 eachNo statutory schedule — reasonable compensation; typically 2-5% of estate value9-18 months; complex or contested estates longer
MarylandVaries by countyReasonable compensation9-12 months typical; 18+ months for complex estates
Massachusetts$115No statutory schedule — typically $3,500-$7,000 for standard estates9-12 months; complex estates may take years
MichiganFiling fee + inventory fee (percentage of estate value, per MCL 600.871(1))No statutory schedule — reasonable compensation; typically $200-$450/hour7-12 months average; complex estates 1-2+ years
MinnesotaVaries by countyNo statutory schedule — reasonable compensation; typically $200-$400/hour6-12 months informal; 12-18+ months formal; complex estates
MississippiVaries by countyReasonable compensation4–6 months minimum; complex estates 6–12+ months
MissouriVaries by countyStatutory schedule (RSMo 473.153)8–12 months
Montana$70 (uniform statewide)Reasonable compensation6–12 months
NebraskaVaries by countyNo statutory schedule; typically less than 2–3% of estate valueSeveral months (informal) to 1+ years (formal)
NevadaVaries by countyReasonable compensation6-12 months typical
New Hampshire$195 (estates >$25,000) or $85 (estates ≤$25,000)No statutory schedule — reasonable compensation; typically 2-5% of estate value6-12 months; complex or contested estates 1-2 years
New JerseyVaries by countyReasonable compensation9-12 months; contested cases significantly longer
New MexicoVaries by countyReasonable compensation6–12 months typical
New YorkVaries by countyReasonable compensation12-24 months typical; varies by county (NYC courts tend to b
North Carolinaare based on estate value — $4 per $1,000 in assets, capped at $6,000Reasonable compensation6 to 18 months typical, with a minimum 4-month creditor peri
North DakotaVaries by countyReasonable compensation6–12 months typical
OhioVaries by countyStatutory schedule (ORC 2113.35 (+1% on unsold real property))6–12 months typical
OklahomaVaries by countyStatutory schedule (58 O.S. § 527)6–12 months (regular); 60–90 days (summary)
Oregon$124Determined by court (not statutory schedule) — typically 2-7% of estate9-18 months; contested cases significantly longer
PennsylvaniaVaries by countyReasonable compensation12-16 months (creditors have 1 year to file claims)
Rhode Island1% of personal property value ($30 minimum, $1,500 maximum, plus surcharges)No statutory schedule — typically 1-4% of estate value or $300-$600/hour6-9 months simple; 1-2+ years complex or contested
South CarolinaVaries by countyReasonable compensation6–12 months typical
South DakotaVaries by countyStatutory schedule (SDCL 29A-3-719(c))6-12 months typical; 4-month minimum (creditor claims period
TennesseeVaries by countyReasonable compensation6–12 months; complex estates longer
TexasVaries by countyReasonable compensation6-12 months typical for independent administration; much fas
Utah$375Reasonable compensation9–18 months
VermontVaries by countyReasonable compensation6-12 months simple; 1-2+ years complex or contested
VirginiaVaries by countyReasonable compensation6–12 months typical
WashingtonVaries by countyReasonable compensation8-18 months typical; faster with nonintervention powers
Washington, D.C.Varies by countyNo statutory schedule — hourly or flat feeSmall estate ~120 days; formal probate 6-12 months
West VirginiaVaries by countyReasonable compensation6–12 months typical
Wisconsin$20 for estates ≤$10,000; 0.2% of estate value for larger estatesNo statutory schedule — reasonable compensation; typically $200-$500/hour6-9 months simple; 6-12 months average; complex estates 1+ y
WyomingVaries by countyStatutory schedule (statutory schedule)6-12 months; complex estates with mineral rights or multi-st

Each state links to our full guide — probate thresholds, timelines, and the costs in detail. Filing fees marked "varies by county" are set at the county level in that state.

The 8 Statutory-Fee States: What a $500,000 Estate Pays

In these states the fee is computed from the estate, by law. Florida’s schedule (F.S. 733.6171) sets "presumed reasonable" attorney fees ($15,000 at $500,000); the seven below are fixed percentage schedules:

StateStatutory Fee on a $500,000 EstateWho It PaysStatute
Ohio$15,000executorORC 2113.35 (+1% on unsold real property)
Arkansas$14,050attorney§ 28-48-108(d)(2)
Missouri$14,050 ×2 (attorney + executor each)attorney AND personal rep, each (minimum)RSMo 473.153
California$13,000 ×2 (attorney + executor each)attorney AND executor, eachProb. Code §10810
Oklahoma$12,600executor only — attorney fees negotiable58 O.S. § 527
South Dakota$12,585personal representative (default)SDCL 29A-3-719(c)
Wyoming$10,350attorneystatutory schedule

Two details worth knowing: Missouri’s schedule is a minimum — courts must allow more where reasonable — and Ohio adds 1% on real property that is not sold, so the estate pays a commission on the house even when it passes directly to heirs.

Executor Fees by State

Executor (personal representative) compensation follows the same split: statutory percentages in a handful of states — California (same schedule as the attorney), Missouri (same, as a minimum), Ohio (4%/3%/2% + 1% unsold realty), Oklahoma (5%/4%/2.5%), South Dakota (5%/4%/2.5% default), Georgia (2.5% of money in and 2.5% out, OCGA § 53-6-60), South Carolina (capped at 5%, § 62-3-719), Arkansas (10%/5%/3% of personal property) — and "reasonable compensation" everywhere else. Family members serving as executor often waive the fee, which is taxable income to them either way.

Why This Matters

Probate cost is the single biggest number in the trust-versus-will decision. In statutory-fee states the math is fixed before you start; in reasonable-compensation states it’s negotiable but rarely small. For what avoiding probate actually costs by state, see living trust costs in all 50 states — and your state’s guide (linked in the table) for thresholds that let small estates skip probate entirely — collected in our small estate affidavit table for all 50 states.

Methodology & Sources

Statutory schedules cite their statutes inline (Cal. Prob. Code §10810; F.S. 733.6171; RSMo 473.153; Ark. Code Ann. § 28-48-108; ORC 2113.35; 58 O.S. § 527; SDCL 29A-3-719; OCGA § 53-6-60; S.C. Code §§ 62-3-719, 8-21-770) — each verified against the statute text. Filing fees and timelines come from state court fee schedules and our per-state research, reviewed quarterly. Where fees are county-set, the table says so rather than averaging.

Cite or Link This Page

Journalists, attorneys, and financial educators are welcome to cite these tables with attribution:

Probate Costs by State (2026), Family Estate Guide, https://familyestateguide.com/probate-costs-by-state/

Deep links: 50-state table · statutory-fee states · executor fees

Licensed under CC BY 4.0 — reuse, republish, or adapt this material, including commercially, with credit to Family Estate Guide and a link to this page. The license covers our compilation and analysis; underlying source data remains subject to its original terms.

Update Log

  • August 2026 — Page published. Statutory schedules verified against statute text; state figures from our 51-state research, current as of the August 2026 review.
  • August 2026 — Released under CC BY 4.0; reuse permitted with attribution.

Last updated: August 2026. Reviewed quarterly; updated whenever a legislature changes a fee schedule or threshold. Educational information, not legal advice.