Probate Fees: What Probate Costs in 2026 (All 50 States)

By Susan Jackson · Published 2026-06-18 · Updated 2026-08-17 · 9 min read

What is a probate fee? A complete 2026 guide to probate fees: court filing costs, attorney fees, executor compensation, bond premiums, and a state-by-state probate fee table.

A probate fee is any cost charged to settle an estate through the probate court — court filing fees, publication fees, executor compensation, attorney fees, bond premiums, and appraisal costs. In 2026, total probate fees typically run 3%–7% of the gross estate, with a floor of a few hundred dollars for small estates and no practical ceiling for contested ones.

"How much is this going to cost?" is the second question every executor asks, right after "how long will this take?" The honest answer: probate fees vary more by state and estate size than by anything else. A simple $80,000 estate in Texas might cost $1,500 to settle. The same estate in California can cost $7,000 or more.

Probate fees at a glance

Estate size	Typical total probate fees	Largest single line item
Under $50,000 (small estate affidavit)	$100 – $500	Court filing fee
$100,000 – $500,000	$3,000 – $20,000	Attorney fees
$500,000 – $2,000,000	$10,000 – $50,000	Attorney fees
Contested or multi-state	5% – 10%+ of estate value	Litigation

This guide breaks down every probate fee you'll encounter, with real 2026 ranges by state.

The Six Costs of Probate

Every probate involves some mix of these six line items:

Court filing fees — paid to open probate and at each major filing
Publication fees — for the legally required creditor notice in a newspaper
Executor compensation — paid to the personal representative (sometimes waived by family)
Attorney fees — if you hire a probate attorney
Bond premiums — insurance the court may require to protect the estate
Appraisal and accounting fees — for real estate, businesses, or contested estates

Of these, attorney fees are usually the largest — typically 2–5% of the gross estate, or hourly at $250–$500.

Court Filing Fees by State (2026)

Filing fees are the easiest cost to nail down because they're set by statute. Most states scale fees to estate size.

State	Opening filing fee	Notes
California	$435 + 0.5% of estate over $25k	One of the highest
Texas	$300–$500	Independent administration available
Florida	$235–$400	Plus inventory fee
New York	$45–$1,250	Sliding scale by estate value
New Jersey	$100–$1,000	Surrogate's Court
Pennsylvania	$50–$1,000	Plus Register of Wills fee
Ohio	$85–$250	Flat fees per filing
Illinois	$325–$450	Plus $50–$150 publication
Georgia	$155–$350	Plus citation fees
Michigan	$175 + 0.2% over $50k
Missouri	$25–$1,000	Sliding by estate size
Alabama	$50–$250	Plus $5/page recording
Iowa	$50 + 0.2% over $10k	Plus court costs

For your exact state, see our 50-state probate requirements directory.

Attorney Fees: The Big Variable

Most states allow attorneys to be paid in one of three ways:

Statutory percentage (California, Florida, Iowa, Missouri, Wyoming, Montana, Arkansas) — set by law, typically 2–4% of the gross estate
Reasonable fee (most other states) — hourly at $200–$500, or a flat fee negotiated up front
Combination — base fee plus extras for contested matters, tax filings, or real estate sales

Rule of thumb: budget 3–7% of the gross estate for attorney fees on a simple probate. Contested estates can easily hit 10% or more.

You don't always need an attorney. Small estates that qualify for affidavit procedures, estates in independent administration states, and estates with no real estate are often handled pro se (without a lawyer).

Executor Compensation by State

Most states let the executor take a fee, but the formula varies:

Statutory percentage — California (4% of first $100k, sliding down), New York (5% of first $100k, sliding down), Florida (3% of first $1M)
Reasonable compensation — most other states; usually 1.5–3% of the estate
Flat statutory — Texas (5% of receipts and disbursements), Alabama (2.5%)
Waiver — family executors often waive the fee, especially when they also inherit

Whether you take the fee is partly a tax question. Executor compensation is ordinary income to you, but inheritance is tax-free in most states. If you're the main beneficiary, waiving the fee can save thousands.

Bond Premiums

If the will doesn't waive bond, the court may require the executor to post a bond — essentially insurance that protects the estate from your mistakes or misconduct.

Bond amount: typically 100% of the personal property value
Annual premium: 0.5–0.8% of bond amount
A $300,000 estate bond costs $1,500–$2,400/year

Most wills waive bond. If yours doesn't and the estate is large, ask the court whether beneficiaries can sign a waiver.

Publication and Notice Fees

Almost every state requires you to publish notice to creditors in a local newspaper. Costs:

Small-town weeklies: $40–$150
Major metro dailies: $200–$600
Some counties: a single $50 court-published notice instead

Total Cost Ranges (2026)

Estate type	Total cost range	What's included
Small estate affidavit (under threshold)	$100–$500	Filing fee + publication
Simple probate, no attorney	$500–$2,000	Filings + publication + bond
Simple probate with attorney	$3,000–$10,000	Above + attorney fees
Estate with real estate	$7,000–$25,000	Above + appraisal + recording
Contested estate	$25,000–$100,000+	Above + litigation

How to Lower Probate Costs

Five strategies that genuinely move the needle:

Use small estate affidavit if you qualify. Every state has a threshold (usually $25k–$150k) below which formal probate isn't required.
Hire a flat-fee attorney rather than one billing hourly or by statutory percentage.
Waive executor compensation if you're also a beneficiary.
Avoid contesting — even winning a contest costs more than what's typically gained.
Use Afterly Plan to do the paperwork yourself where state law allows. Our interactive checklist walks you through filings most attorneys charge $3,000+ to prepare.

Probate fees in your state

Every state has its own filing schedule, attorney-fee rule, and executor formula. Pick yours for the full 2026 breakdown: