Has someone died? Learn what the court, the executor and the lawyer can each charge.
How Much Does Probate Cost? Court Fees, Executor Pay and Lawyer Fees Under State Law
Choose your state in the free calculator below, then enter a rough estate value to see the fee its statute sets, tier by tier, or the rule where it sets none. The sections after it help you learn the three parts of the bill and the court filing fees.
Quick answer
In California the executor and the executor's lawyer are each paid by a statutory schedule: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million and 0.5 percent of the next $15 million, which by our arithmetic is $13,000 each on a $500,000 estate. Most states instead allow a reasonable fee that a court can review. Court filing fees to open probate can run from a typical $435 in California and up to $395 for formal administration in Florida to $45 through $1,250 in New York, depending on the estate's value.
Free tool
Choose your state and enter an estate value to learn the attorney and executor fees its statute sets, tier by tier, or the rule where it sets no schedule, and the state's small-estate limit, each with its source.
By the Legal Cost by State Editorial Team·Last updated and source-checked October 14, 2026
What to do next
Three things you can do before you sign anything.
1
Get a rough gross estate value
The inventory value before debts: in California a house counts at its full value even with a loan on it. The free calculator linked above shows each tier's arithmetic so you can redo it.
2
Ask the probate clerk in the county where the person lived for the petition filing fee
Where a statute or court publishes it, the filing fee section below lists it; elsewhere the clerk sets the amount.
3
Before signing a fee agreement, ask whether the fee follows a statutory schedule or must be reasonable
The calculator names the rule recorded for your state. In Florida the lawyer must say in writing that no mandatory statutory fee exists and that the fee is negotiable.
What the bill is made of: court, executor, lawyer
Court and administration costs
Filing fees, a newspaper notice, appraisal, certified copies and sometimes a bond. California's court self-help guide says these costs of administration are often well over $1,000 and can be much more.
The executor's compensation
The executor, called the personal representative in many states, is entitled to be paid from the estate. California, Florida, New York and Texas write a percentage for that pay into statute; many other states allow reasonable compensation.
The lawyer's fee
The executor may hire a lawyer, paid from the estate. California sets the lawyer's fee for ordinary work by the same percentage schedule; Florida presumes a schedule is reasonable; most states leave it to agreement and court review.
Learn more. Tap a topic to open it.
Learn each tier California applies to both the lawyer's and the executor's fee.
Probate Code section 10810 sets the lawyer's fee for ordinary services and section 10800 sets the executor's fee, on identical tiers. Each tier applies only to the slice of the estate inside it.
1
4 percent of the first $100,000
Up to $4,000 from this tier.
2
3 percent of the next $100,000
Up to $3,000 more, covering value from $100,000 to $200,000.
3
2 percent of the next $800,000
Up to $16,000 more, covering value from $200,000 to $1 million.
4
1 percent of the next $9,000,000
Up to $90,000 more, covering value from $1 million to $10 million.
5
0.5 percent of the next $15,000,000
Up to $75,000 more, covering value from $10 million to $25 million.
6
Above $25,000,000: a reasonable amount
The court sets the fee on any value above $25 million.
The value is the inventory appraisal plus gains on sales and receipts, minus losses on sales, with no deduction for mortgages or other debts (section 10810, subdivision (b)): a $600,000 house with a $500,000 loan counts at $600,000.
Learn how the California tiers work on two estate sizes, then what the court costs add.
On a $500,000 estate: 4 percent of $100,000 is $4,000, 3 percent of the next $100,000 is $3,000, and 2 percent of the remaining $300,000 is $6,000, for $13,000 to the lawyer and another $13,000 to the executor. On a $1,000,000 estate the same steps give $4,000 plus $3,000 plus $16,000, or $23,000 each. Add the typical $435 filing fee, the newspaper notice and the probate referee's appraisal fee (sections 8961 and 8963).
Our arithmetic on the statute, not a quote: $26,000 in statutory fees on a $500,000 estate and $46,000 on a $1,000,000 estate, before court costs. Extraordinary work, such as selling real estate or litigation, can be paid in addition if the court finds it just and reasonable (section 10811).
Learn the Florida, New York and Texas percentage schedules, with the arithmetic on each.
Florida: a presumed-reasonable lawyer fee
Florida section 733.6171 presumes a lawyer's fee for ordinary services is reasonable at $1,500 for estates up to $40,000, $750 more up to $70,000, $750 more up to $100,000, then 3 percent of the next $900,000, 2.5 percent from $1 million to $3 million, 2 percent to $5 million, 1.5 percent to $10 million and 1 percent above. The lawyer must disclose in writing that there is no mandatory statutory fee and that the fee is negotiable. Our arithmetic: $15,000 on a $500,000 estate.
Florida: the personal representative's commission
Section 733.617 presumes 3 percent of the first $1 million is reasonable, then 2.5 percent to $5 million, 2 percent to $10 million and 1.5 percent above. Our arithmetic: $15,000 on a $500,000 estate.
New York: the executor's commission
Surrogate's Court Procedure Act section 2307 pays commissions for receiving and paying out sums of money at 5 percent of the first $100,000, 4 percent of the next $200,000, 3 percent of the next $700,000, 2.5 percent of the next $4 million and 2 percent above $5 million. Our arithmetic: $19,000 if $500,000 is received and paid out.
Texas: the executor's commission
Estates Code section 352.002 allows 5 percent of the cash actually received or paid out, capped at 5 percent of the estate's gross market value. It does not apply to cash on hand at death, life insurance proceeds or payments to heirs.
Learn how the fee is set where no formula exists, using Arizona's statute.
States that follow the Uniform Probate Code generally use a reasonableness standard rather than a formula. Arizona is an example: a personal representative is entitled to reasonable compensation (Arizona Revised Statutes section 14-3719), and on petition the court may review whether the pay of the representative, the lawyer or anyone else hired was reasonable and order a refund of anything excessive (section 14-3721).
In these states the lawyer's fee is set by agreement, often hourly or as a flat fee, so your total is harder to predict and easier to negotiate. No court or government source read publishes an average for these states, so this guide gives none.
Learn the petition filing fee California, Florida and New York publish.
Other states and counties set their own amounts; the probate clerk can tell you yours.
California: typically $435
The courts' self-help guide says the fee to file the petition is typically $435. That is the $355 uniform fee in Government Code section 70650 plus two $40 supplemental fees (sections 70602.5 and 70602.6). You can get a fee waiver if you qualify.
Florida: up to $395 for formal administration
Section 28.2401 caps the clerk's fee at $395 for formal administration, $340 for summary administration of estates of $1,000 or more, $230 for smaller summary administrations and $230 for disposition without administration, plus a $4 service charge on petitions.
New York: $45 to $1,250 by estate value
Surrogate's Court Procedure Act section 2402 ties the probate filing fee to the gross estate: $45 under $10,000, $75, $215, $280, $420 and $625 in the brackets between, and $1,250 at $500,000 and over.
If the estate is under your state's small-estate limit, you can often skip the probate filing entirely.
The estate pays them, usually at the end of the case. The executor often pays filing fees up front and is reimbursed from the estate later, California's court self-help guide notes.
No. The fee is based on the inventory value without subtracting debts on the property (Probate Code section 10810, subdivision (b)).
In Florida the lawyer must tell the personal representative in writing that there is no mandatory statutory fee and that the fee is subject to negotiation (section 733.6171). In reasonable-fee states the fee is set by agreement and subject to court review.
Yes. Arizona lets a personal representative renounce all or part of the compensation (A.R.S. 14-3719), and Florida allows the same (section 733.617).
Work beyond routine administration, such as selling real estate, tax disputes or litigation. California lets the court allow just and reasonable extra pay (section 10811); Florida's statute lists examples including will contests and real property sales (section 733.6171).
One-tenth of 1 percent of the value the referee appraises, with a $75 minimum and a $10,000 maximum unless the court allows more, plus actual expenses (Probate Code sections 8961 and 8963).
In California, yes: notice of the hearing on a probate petition must be published, and the court will not hear the petition without proof of publication (Probate Code sections 8120 and 8124). The newspaper sets the charge.
Sometimes. Small estates can often use an affidavit or a short procedure instead of full probate, under limits each state sets, and property in a living trust or with a named beneficiary passes outside probate.
Information on this page reflects laws and published figures as of October 14, 2026. This is general information, not legal advice, and not a prediction for any matter. Rules and fees change; check the court or agency page linked for each figure.
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