Probate Costs by State — 2026 Comparison Guide

It depends on the state. In California, the statutory executor fee alone is $13,000 on a $500,000 estate (4% on the first $100,000, 3% on the next $100,000, 2% on the next $100,000, and 1% on the next $200,000) — and the attorney fee is the same amount, totaling $26,000 in statutory fees. In states that use reasonable compensation, total probate costs (executor fees, attorney fees, court costs, and appraisals) typically range from 2% to 5% of the gross estate, or roughly $10,000 to $25,000 on a $500,000 estate.

California, New York, and Florida tend to have the highest probate costs because they use statutory fee schedules that are calculated as a percentage of the gross estate — not the net estate. California's combined executor and attorney fees on a $1 million estate total $46,000. New York allows up to 5% on the first $100,000 and uses a declining scale. Florida uses a similar statutory percentage structure. States with reasonable compensation models (like Texas and Virginia) generally have lower overall costs because fees are negotiated or court-approved based on actual work performed.

Yes. Common strategies include establishing a revocable living trust (assets in the trust bypass probate entirely), designating beneficiaries on financial accounts and life insurance policies (transfer-on-death or payable-on-death designations), holding property in joint tenancy with right of survivorship, and using small estate affidavits where available (thresholds range from $10,000 in states like New Jersey to $275,000 in California). A combination of these tools can eliminate the need for probate for most families.

Probate typically takes 6 to 18 months, though timelines vary widely by state and estate complexity. Simple, uncontested estates in states with streamlined procedures (like Texas's independent administration) can close in 4 to 6 months. Complex estates, contested wills, or states with mandatory waiting periods (California requires a minimum 4-month creditor claim period) can extend probate to 2 years or more. County court backlogs also play a significant role — urban courts in New York and Los Angeles often run slower than rural jurisdictions.

No. Estates below the state's small estate threshold can often use a simplified affidavit or summary procedure. For example, California allows estates under $184,500 (as of 2025) to use a small estate affidavit, while Texas's threshold is $75,000 for the simplified procedure. Assets with named beneficiaries (retirement accounts, life insurance), jointly held property, and assets in a living trust all pass outside of probate regardless of estate size. In practice, many families can avoid formal probate entirely with proper planning.