Home › Avoiding 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)
| State | Court Filing Fee | Attorney Fee Rule | Typical Timeline |
|---|---|---|---|
| Alabama | Varies by county | Reasonable compensation | 6-18 months typical; contested estates can take years |
| Alaska | Varies by county | Reasonable compensation | 6-12 months for straightforward estates |
| Arizona | Varies by county | Reasonable compensation | 6–12 months typical |
| Arkansas | Varies by county | Statutory schedule (§ 28-48-108(d)(2)) | 6–12 months (simple); 12–24 months (complex) |
| California | Varies by county | Statutory schedule (Prob. Code §10810) | 12-18 months typical; 24+ months for complex estates |
| Colorado | Varies by county | Reasonable compensation | 6–12 months typical |
| Connecticut | Varies by county | Reasonable compensation | 9-18 months; contested cases 2+ years |
| Delaware | Varies by county | Reasonable compensation | Approximately 1 year; 8-month minimum (creditor claim period |
| Florida | Varies by county | Statutory schedule (F.S. 733.6171, presumed reasonable) | 6–12 months typical |
| Georgia | Varies by county | Reasonable compensation | 6–12 months |
| Hawaii | Varies by county | No statutory schedule — reasonable compensation; typically 3-7% of estate value | 6-12 months; complex estates may take longer |
| Idaho | Starting at ~$166 | No statutory schedule — reasonable compensation; typically 3-7% of estate value | 6-12 months; complex estates 1-2 years |
| Illinois | Varies by county | No statutory schedule — reasonable compensation standard; typically $3,000-$7,00 | 6-12 months (independent admin); complex estates 2+ years |
| Indiana | Varies by county | Reasonable compensation | 6–12 months |
| Iowa | Varies by county | Statutory — $220 + 2% of estate value over $5,000 (Iowa Code § 633.198) | Up to 2 years; must close within 3 years |
| Kansas | Varies by county | Reasonable compensation | 6–12 months |
| Kentucky | Varies by county | No statutory schedule — reasonable compensation standard | 6–12 months; complex estates 1–2+ years |
| Louisiana | Varies by county | Reasonable compensation | Simple uncontested succession: 2-4 months; complex: 6-12+ mo |
| Maine | $20 (will filing); appointment certificates $10 each | No statutory schedule — reasonable compensation; typically 2-5% of estate value | 9-18 months; complex or contested estates longer |
| Maryland | Varies by county | Reasonable compensation | 9-12 months typical; 18+ months for complex estates |
| Massachusetts | $115 | No statutory schedule — typically $3,500-$7,000 for standard estates | 9-12 months; complex estates may take years |
| Michigan | Filing fee + inventory fee (percentage of estate value, per MCL 600.871(1)) | No statutory schedule — reasonable compensation; typically $200-$450/hour | 7-12 months average; complex estates 1-2+ years |
| Minnesota | Varies by county | No statutory schedule — reasonable compensation; typically $200-$400/hour | 6-12 months informal; 12-18+ months formal; complex estates |
| Mississippi | Varies by county | Reasonable compensation | 4–6 months minimum; complex estates 6–12+ months |
| Missouri | Varies by county | Statutory schedule (RSMo 473.153) | 8–12 months |
| Montana | $70 (uniform statewide) | Reasonable compensation | 6–12 months |
| Nebraska | Varies by county | No statutory schedule; typically less than 2–3% of estate value | Several months (informal) to 1+ years (formal) |
| Nevada | Varies by county | Reasonable compensation | 6-12 months typical |
| New Hampshire | $195 (estates >$25,000) or $85 (estates ≤$25,000) | No statutory schedule — reasonable compensation; typically 2-5% of estate value | 6-12 months; complex or contested estates 1-2 years |
| New Jersey | Varies by county | Reasonable compensation | 9-12 months; contested cases significantly longer |
| New Mexico | Varies by county | Reasonable compensation | 6–12 months typical |
| New York | Varies by county | Reasonable compensation | 12-24 months typical; varies by county (NYC courts tend to b |
| North Carolina | are based on estate value — $4 per $1,000 in assets, capped at $6,000 | Reasonable compensation | 6 to 18 months typical, with a minimum 4-month creditor peri |
| North Dakota | Varies by county | Reasonable compensation | 6–12 months typical |
| Ohio | Varies by county | Statutory schedule (ORC 2113.35 (+1% on unsold real property)) | 6–12 months typical |
| Oklahoma | Varies by county | Statutory schedule (58 O.S. § 527) | 6–12 months (regular); 60–90 days (summary) |
| Oregon | $124 | Determined by court (not statutory schedule) — typically 2-7% of estate | 9-18 months; contested cases significantly longer |
| Pennsylvania | Varies by county | Reasonable compensation | 12-16 months (creditors have 1 year to file claims) |
| Rhode Island | 1% of personal property value ($30 minimum, $1,500 maximum, plus surcharges) | No statutory schedule — typically 1-4% of estate value or $300-$600/hour | 6-9 months simple; 1-2+ years complex or contested |
| South Carolina | Varies by county | Reasonable compensation | 6–12 months typical |
| South Dakota | Varies by county | Statutory schedule (SDCL 29A-3-719(c)) | 6-12 months typical; 4-month minimum (creditor claims period |
| Tennessee | Varies by county | Reasonable compensation | 6–12 months; complex estates longer |
| Texas | Varies by county | Reasonable compensation | 6-12 months typical for independent administration; much fas |
| Utah | $375 | Reasonable compensation | 9–18 months |
| Vermont | Varies by county | Reasonable compensation | 6-12 months simple; 1-2+ years complex or contested |
| Virginia | Varies by county | Reasonable compensation | 6–12 months typical |
| Washington | Varies by county | Reasonable compensation | 8-18 months typical; faster with nonintervention powers |
| Washington, D.C. | Varies by county | No statutory schedule — hourly or flat fee | Small estate ~120 days; formal probate 6-12 months |
| West Virginia | Varies by county | Reasonable compensation | 6–12 months typical |
| Wisconsin | $20 for estates ≤$10,000; 0.2% of estate value for larger estates | No statutory schedule — reasonable compensation; typically $200-$500/hour | 6-9 months simple; 6-12 months average; complex estates 1+ y |
| Wyoming | Varies by county | Statutory 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:
| State | Statutory Fee on a $500,000 Estate | Who It Pays | Statute |
|---|---|---|---|
| Ohio | $15,000 | executor | ORC 2113.35 (+1% on unsold real property) |
| Arkansas | $14,050 | attorney | § 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, each | Prob. Code §10810 |
| Oklahoma | $12,600 | executor only — attorney fees negotiable | 58 O.S. § 527 |
| South Dakota | $12,585 | personal representative (default) | SDCL 29A-3-719(c) |
| Wyoming | $10,350 | attorney | statutory 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.