See what probate will really cost - attorney fees, court costs, and executor fees by state
Hi, I'm Claire Reed. When my father passed, nobody told me probate would cost over $30,000. The fees came as a shock and left my family with far less than we expected. I created this estimator so you'll know exactly what to expect - no surprises. 💙
A probate advance can help you pay attorney fees, court costs, and other expenses upfront - without waiting months or years for probate to close.
These are paid to the court to open and process the probate case. They vary by state and county, typically ranging from $50 to $1,200.
Attorney fees depend on your state's rules. Some states (like California) use a statutory percentage of the estate value. Others allow attorneys to charge hourly ($200-$500/hour) or a flat fee based on complexity.
The executor (personal representative) is entitled to compensation for their work. Most states allow 3-5% of the estate value, though executors can waive this fee.
Additional costs include property appraisals, certified mail for notices, publication fees, accounting fees, and any necessary business valuations.
Select a state in the calculator above to see specific fee structures for that state.
Assets in a trust avoid probate entirely. This is the most effective way to eliminate probate costs.
Bank accounts, investment accounts, and (in some states) real estate can have TOD beneficiaries that bypass probate.
Property owned jointly automatically passes to the surviving owner without probate.
Many states offer simplified probate for estates under a certain value (often $50,000-$150,000).
Organized records reduce attorney time and complexity, lowering overall costs.
Probate fees are paid from the estate assets, not out of pocket by family members. The executor uses estate funds to pay all costs including attorney fees, court fees, and executor compensation. However, these fees reduce the amount beneficiaries ultimately receive.
Probate typically takes 6-18 months, but can take longer for complex estates or if there are disputes. During this time, beneficiaries usually cannot access their inheritance, which is why some people consider probate advances.
In most states, yes - but it's not recommended for estates over $50,000 or with any complexity. The probate process involves strict deadlines, legal documents, and court procedures. Mistakes can be costly and delay the process significantly.
If the estate doesn't have liquid assets to pay costs upfront, you have a few options: the executor may pay costs personally and get reimbursed later, you can sell estate assets to raise funds, or you can consider a probate advance to cover these costs.
Yes, probate fees are generally deductible on the estate's income tax return (Form 1041). However, they are not deductible on the estate tax return (Form 706). Consult with a tax professional for your specific situation.
Disclaimer: This calculator provides estimates based on typical probate costs and state-specific fee structures. Actual costs may vary based on estate complexity, attorney rates, court procedures, and other factors. This tool is for informational purposes only and should not be considered legal or financial advice. Always consult with a probate attorney in your state for accurate cost projections. ProbateLoanFinder.com receives compensation from featured companies, which helps keep this calculator free.
About Claire Reed: I created ProbateLoanFinder.com after experiencing the stress and confusion of probate firsthand. My goal is to help families navigate this difficult process with transparency and compassion. Yes, I may earn a commission if you work with one of my recommended companies - but I only recommend companies I've thoroughly researched and feel comfortable sending my own family to.