Probate cost methodology

State classification framework

The calculator classifies each state into one of three categories based on how attorney and executor compensation is set by state law:

Category 1 — Statutory percentage states:
  California (Cal. Prob. Code §10810)
  Florida (Fla. Stat. §733.6171)
  Iowa (Iowa Code §633A.3108)
  → Fees are a mandatory percentage of gross probate estate
  → Calculator applies the exact statutory schedule

Category 2 — UPC states (approximate list):
  Alaska, Arizona, Colorado, Idaho, Maine, Massachusetts,
  Michigan, Minnesota, Montana, Nebraska, New Hampshire,
  New Mexico, North Dakota, Oregon, South Carolina,
  South Dakota, Utah
  → Informal probate as default; "reasonable" compensation
  → Calculator uses ACTEC hourly benchmarks with UPC downward adjustment

Category 3 — Hourly/reasonable-compensation states (all others):
  All remaining states including NY, TX, IL, PA, NJ, OH, GA, WA, etc.
  → Attorneys charge hourly at market rates
  → Calculator uses ACTEC 2023 survey median hourly rates + estimated hours

Category 1: statutory percentage fee computation

California Probate Code §10810 schedule applied to gross probate estate:

function californiaStatutoryFee(grossEstate: number): number {
  let fee = 0;
  if (grossEstate <= 100_000)     return grossEstate * 0.04;
  fee += 100_000 * 0.04;          // $4,000
  if (grossEstate <= 200_000)     return fee + (grossEstate - 100_000) * 0.03;
  fee += 100_000 * 0.03;          // $3,000 → cumulative $7,000
  if (grossEstate <= 1_000_000)   return fee + (grossEstate - 200_000) * 0.02;
  fee += 800_000 * 0.02;          // $16,000 → cumulative $23,000
  if (grossEstate <= 10_000_000)  return fee + (grossEstate - 1_000_000) * 0.01;
  fee += 9_000_000 * 0.01;        // $90,000 → cumulative $113,000
  if (grossEstate <= 25_000_000)  return fee + (grossEstate - 10_000_000) * 0.005;
  fee += 15_000_000 * 0.005;      // $75,000 → cumulative $188,000
  return fee; // court-determined above $25M
}

Total statutory fee = 2× californiaStatutoryFee(grossEstate)
(Attorney receives one fee; executor receives the same fee)

Florida §733.6171 schedule applied similarly (3%/2.5%/2% breakpoints)
Iowa §633A.3108 schedule applied similarly (per Iowa statutory rates)

Important: California's fee applies to the gross estate — the full market value of real property before any mortgage. A $1M home with a $700K mortgage has a California statutory fee based on $1M, not $300K. The calculator prompts users to enter gross asset values, not net equity.

Category 2 and 3: ACTEC hourly benchmarks

Hourly rate tiers (ACTEC Attorney Fee Survey 2023):

Tier A — Major metros (NYC, LA, SF, Chicago, Boston, DC, Seattle, Miami):
  $400–$600/hr (trust and estate specialist attorney)

Tier B — Secondary metros (Phoenix, Denver, Portland, Atlanta, Dallas, Houston):
  $300–$450/hr

Tier C — Smaller markets and rural:
  $200–$350/hr

Estimated attorney hours by estate size (simple, uncontested):
  $100K–$300K:     15–25 hrs
  $300K–$600K:     25–50 hrs
  $600K–$1M:       40–80 hrs
  $1M–$3M:         60–120 hrs
  $3M–$5M:         80–150 hrs

UPC state adjustment: −30% to −40% of hourly estimate
(Informal probate reduces required court filings and hearings)

Executor compensation:
  Family member (typical small estate): often waived or nominal
  Professional executor: 1–2% of probate estate value annually
  Calculator default: waived if user indicates family executor

Court filing fees and publication costs

Court filing fees by state (approximate 2025 figures):
  California superior courts: $465–$775 (probate petition + confirmation hearings)
  Florida circuit courts: $235–$400 (depending on estate value)
  New York surrogate's court: $45–$1,250 (sliding scale by estate value)
  Texas probate courts: $175–$300
  All other states: $100–$500 (median ~$250)

Creditor notice publication:
  Most states require publication in a newspaper of general circulation
  for a minimum period (e.g., California: 3 weeks; Florida: 2 weeks)
  Publication cost: $150–$500 (varies by newspaper market)

Appraiser/referee fees (estates with real property or business interests):
  California probate referee: statutory 0.1% of appraised value
  Other states: $300–$1,500 depending on asset type

Simplified probate thresholds

Every state has simplified or summary probate procedures for small estates below a threshold. The calculator checks whether the user's probate estate falls below the applicable threshold and flags simplified probate eligibility. Simplified probate cost is modeled at a fraction of the full probate estimate — typically $500–$3,000 in attorney fees vs. $10,000–$46,000 for full probate.

Simplified probate thresholds (selected states, 2025):
  California: $184,500 (affidavit procedure; indexed for inflation)
  Florida: $75,000 (summary administration), or 2 years since death
  Texas: $75,000 (small estate affidavit)
  New York: $50,000 (voluntary administration)
  Arizona: $75,000 personal property; $100,000 real property
  Colorado: $80,000
  Michigan: $25,000 or $100,000 (homestead allowance)
  (Source: AARP State-by-State Probate Guide, used as cross-reference;
   verified against primary state statutes)

Limitations

• The model estimates straightforward, uncontested probate. Contested probate (will challenge, creditor dispute, beneficiary litigation) can multiply attorney fees by 3–10×.
• Extraordinary services — sale of real property through probate court, complex asset valuation, business succession — generate additional statutory or hourly fees not captured in the base estimate.
• Court filing fee schedules change. We review annually against each state's published court fee schedule. Exact fees at time of filing may differ.
• The ACTEC hourly rate data reflects 2023 survey responses. Attorney rates in high-inflation markets may be higher by 2025–2026. We update ACTEC data on publication of each new survey.
• Publication cost depends on which newspaper the court requires and local newspaper advertising rates. We use a typical range; actual costs vary.

Primary sources

• California Probate Code §10810 — statutory compensation (attorney) and §10801 (executor)
• Florida Statute §733.6171 — compensation of attorney for personal representative
• Iowa Code §633A.3108 — executor and attorney compensation schedule
• Uniform Probate Code §3-720 — reasonable compensation standard for UPC states
• ACTEC Attorney Fee Survey 2023 — American College of Trust and Estate Counsel attorney fee benchmark data for trust and estate practitioners (actec.org)
• AARP State-by-State Probate Guide — secondary source used for simplified probate threshold cross-reference (labeled as secondary; each threshold verified against the primary state statute)