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Probate Cost by State (2026): Statutory Fees, Court Costs & Fee Models

Updated July 23, 2026. Quick answer: Probate costs come from three layers: court filing fees (roughly $50–$1,200 depending on the state), attorney and personal-representative compensation (the big variable), and extras like bonds, appraisals, and publication. Seven states — Arkansas, California, Florida, Iowa, Missouri, Nevada, Wyoming — set attorney and/or representative fees by a statutory percentage of the estate, so the cost is computable in advance: on a $500,000 California estate, the statutory fee is $13,000 for the attorney and another $13,000 for the executor. Most other states use a “reasonable compensation” standard, and Connecticut charges value-based court fees. The statute-cited table below covers all 50 states and DC.

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Probate cost by state: fee model, schedule, and filing fees

“Statutory percentage” means the state sets attorney and/or personal-representative compensation as a percentage schedule in statute. “Reasonable fee” means compensation must be reasonable for the work (most Uniform Probate Code states). “Hybrid” means a percentage schedule applies to one role or as a cap while the other is a reasonableness standard. Every row cites its statute; last verified July 23, 2026.

State Fee model What the law provides Probate filing fee Key statutes
Alabama† Hybrid PR compensation is ‘reasonable’ based on enumerated factors but capped at 2.5% of the value of all property received plus 2.5% of disbursements (Ala. Code §43-2-848); written fee agreements with beneficiaries can override. Attorney fees: reasonable compensation (no percentage schedule). Varies by county (no statewide schedule verified) Ala. Code §43-2-848; Ala. Code §43-2-690 to 43-2-696 (esp. §43-2-692)
Alaska Reasonable fee UPC state: personal representative entitled to reasonable compensation (AS 13.16.430); attorney fees reasonable. No percentage schedule. $250 to open a probate estate case (Alaska Court System fee schedule; fee waiver available via form TF-920) Alaska Stat. §13.16.430; Alaska Stat. §13.16.680
Arizona Reasonable fee UPC state: reasonable compensation for PR and attorneys (A.R.S. §14-3719); no percentage schedule. ~$306 initial probate filing (Maricopa County Clerk of Superior Court); varies modestly by county Ariz. Rev. Stat. §14-3719; Ariz. Rev. Stat. §14-3971 (HB 2116, 2025)
Arkansas† Statutory percentage Ark. Code §28-48-108: attorney fees for probate legal services based on total market value of real + personal property: 5% of first $5,000; 4% of next $20,000; 3% of next $75,000; 2.75% of next $300,000; 2.5% of next $600,000; 2% above — court may adjust if excessive or insufficient, and parties may contract otherwise. PR compensation capped at up to 10% of first $1,000, 5% of next $4,000, 3% of balance of personal property (same section). Varies by county (no statewide schedule verified) Ark. Code Ann. §28-48-108; Ark. Code Ann. §28-41-101
California Statutory percentage Cal. Prob. Code §10810 (attorney) and §10800 (PR) — identical schedules, each computed on gross estate value: 4% of first $100,000; 3% of next $100,000; 2% of next $800,000; 1% of next $9,000,000; 0.5% of next $15,000,000; court-determined reasonable amount above $25,000,000. E.g., $500,000 estate = $13,000 each for attorney and PR. $435 first-filed petition for letters (Gov. Code §70650, Statewide Civil Fee Schedule); a few counties add local surcharges (~$435-$500). Note each side’s petition triggers the fee. Cal. Prob. Code §10810; Cal. Prob. Code §10800; Cal. Prob. Code §§13100-13101; Cal. Gov. Code §70650
Colorado Reasonable fee UPC state: reasonable compensation (C.R.S. §15-12-719); no percentage schedule. $199 to open a decedent’s estate (informal or formal), ~$229 with equal justice surcharge — statewide per C.R.S. §13-32-102 and Colorado Judicial fee schedule (JDF 1) Colo. Rev. Stat. §15-12-719; Colo. Rev. Stat. §15-12-1201; Colo. Rev. Stat. §13-32-102
Connecticut Reasonable fee Fiduciary and attorney compensation is a ‘reasonable compensation’ standard (case law: Hayward v. Plant factors); no statutory percentage for compensation. BUT Connecticut’s probate COURT fees are statutory and percentage-based on the gross estate (C.G.S. §45a-107) — a distinctive cost driver, e.g., $1,865 + 0.25% of the amount over $500,000; capped at $40,000 (deaths on/after July 1, 2016); ~50% reduction when the spouse is sole beneficiary. No flat filing fee model — the value-based estate fee under C.G.S. §45a-107 functions as the court cost (see fee_basis); Connecticut Probate Courts publish an official calculator at ctprobate.gov Conn. Gen. Stat. §45a-107; Conn. Gen. Stat. §45a-273
Delaware† Reasonable fee PR commissions and attorney fees allowed as reasonable by the Court of Chancery (12 Del. C. §2305 authorizes such commissions as the court allows); no current statutory percentage schedule verified. Varies by county (no statewide schedule verified) 12 Del. C. §2306; 12 Del. C. §2305
District of Columbia Reasonable fee Reasonable compensation for personal representatives and attorneys (D.C. Code §20-751 et seq.); no percentage schedule. Varies by county (no statewide schedule verified) D.C. Code §20-351; D.C. Code §20-751; D.C. Law 25-302
Florida Statutory percentage Presumptive (not mandatory) statutory schedules. Attorney (Fla. Stat. §733.6171): $1,500 for estates ≤$40,000; +$750 for $40-70k; +$750 for $70-100k; 3% of the next $900,000; 2.5% from $1M-$3M; 2% from $3M-$5M; 1.5% from $5M-$10M; 1% above $10M — presumed reasonable, must be disclosed as negotiable. PR (§733.617): 3% of first $1M; 2.5% next $4M; 2% next $5M; 1.5% above $10M. ~$400 formal administration; ~$345 summary administration (estates ≥$1,000); ~$235 summary <$1,000 — clerk fees per Fla. Stat. §28.2401 (base $395/$340 plus $4 service charge) Fla. Stat. §733.6171; Fla. Stat. §733.617; Fla. Stat. §735.201 (as amended by Ch. 2026-57); Fla. Stat. §28.2401
Georgia Hybrid PR: default statutory commission absent will/agreement (O.C.G.A. §53-6-60) — 2.5% of all sums of money received + 2.5% of all sums paid out, plus 10% commission on interest earned on loans made by the PR; separate provisions for in-kind property. Attorney fees: reasonable (no schedule). $175 base for initial petition for letters (O.C.G.A. §15-9-60); with county surcharges typically ~$205-$210, plus ~$65 publication of notice to debtors/creditors O.C.G.A. §53-6-60; O.C.G.A. §7-1-239; O.C.G.A. §15-9-60
Hawaii Reasonable fee UPC state: reasonable compensation (HRS §560:3-719); Hawaii’s old percentage schedule was repealed decades ago. $100 probate filing fee (informal or formal), paid once per decedent’s estate — HRS §607-5 circuit court fee schedule Haw. Rev. Stat. §560:3-719; Haw. Rev. Stat. §560:3-1201; Haw. Rev. Stat. §607-5
Idaho Reasonable fee UPC state: reasonable compensation (Idaho Code §15-3-719); no percentage schedule. Varies by county (no statewide schedule verified) Idaho Code §15-3-719; Idaho Code §15-3-1201
Illinois Reasonable fee Reasonable compensation for representatives (755 ILCS 5/27-1) and attorneys (755 ILCS 5/27-2); no percentage schedule. Varies by county (no statewide schedule verified) 755 ILCS 5/27-1; 755 ILCS 5/27-2; 755 ILCS 5/25-1 (P.A. 104-0346)
Indiana Reasonable fee ‘Just and reasonable’ compensation for PR and attorneys (Ind. Code §29-1-10-13); many county courts publish local guideline schedules, but they are not statutory. ~$177 typical probate/estate case filing fee (Ind. Code §33-37-4-7 plus standard county fees); counties range roughly $150-$250; publication adds ~$40-$100 Ind. Code §29-1-10-13; Ind. Code §29-1-8-1; Ind. Code §33-37-4-7
Iowa Statutory percentage Statutory MAXIMUM (ceiling, not entitlement): PR compensation (Iowa Code §633.197) capped at 6% of first $1,000, 4% of next $4,000, 2% of all above $5,000 of gross probate assets (life insurance excluded unless payable to estate); attorney fees (§633.198) capped at the same schedule. Courts routinely allow less; extraordinary fees possible on showing. Varies by county (no statewide schedule verified) Iowa Code §633.197; Iowa Code §633.198; Iowa Code §633.356; Iowa Code §635.1
Kansas Reasonable fee ‘Just and reasonable’ compensation for fiduciaries and attorneys (K.S.A. 59-1717); no percentage schedule. ~$173-$195 probate docket fee (Kansas Odyssey probate filing fee schedule, kscourts.gov); plus publication and misc. costs ~$100-$300 K.S.A. 59-1717; K.S.A. 59-1507b
Kentucky Hybrid PR: statutory cap — compensation shall not exceed 5% of the value of the decedent’s personal estate plus 5% of income collected (KRS 395.150); court may allow more for proven additional services. Attorney fees: reasonable (no schedule). Varies by county (no statewide schedule verified) KRS 395.150; KRS 391.030; KRS 395.455
Louisiana Hybrid Executor/administrator: default statutory commission of 2.5% of the gross inventory value of the succession absent testament provision or agreement; court may increase on showing of inadequacy (La. C.C.P. art. 3351). Attorney fees: reasonable (no statutory schedule). Varies by county (no statewide schedule verified) La. C.C.P. art. 3351; La. C.C.P. art. 3421; La. C.C.P. art. 3431
Maine Reasonable fee UPC state: reasonable compensation (18-C M.R.S. §3-719); no percentage schedule. Varies by county (no statewide schedule verified) 18-C M.R.S. §3-719; 18-C M.R.S. §3-1201; 18-C M.R.S. §1-108
Maryland Hybrid PR: reasonable compensation subject to statutory percentage CAP (Md. Code, Est. & Trusts §7-601): may not exceed 9% of the first $20,000 of the estate plus 3.6% of the excess over $20,000 (i.e., $1,800 + 3.6%), unless the will provides more. Attorney fees: reasonable (§7-602), commonly evaluated against the same cap in practice. Register of Wills probate fees scale with estate value (regular estates: e.g., $100 for $10k-$20k, $150 for $20k-$50k, rising to $2,500 for estates ≥$5M; no probate fee for small estates ≤$50,000) — official schedule at registers.maryland.gov Md. Code, Est. & Trusts §7-601; Md. Code, Est. & Trusts §5-601; Md. Code, Est. & Trusts §2-206
Massachusetts Reasonable fee MUPC: reasonable compensation for PR and counsel (MGL c.190B §3-719); no percentage schedule. $390 informal probate total ($375 petition + $15 surcharge); $405 formal probate ($375 + $15 surcharge + $15 citation); $115 voluntary administration — official mass.gov procedural guides MGL c.190B §3-719; MGL c.190B §3-1201
Michigan Reasonable fee EPIC: reasonable compensation for PR and attorneys (MCL 700.3719); no compensation percentage schedule. NOTE: Michigan does levy a value-scaled probate court ‘inventory fee’ on every estate (MCL 600.871) — see filing fees. $175 to commence probate proceedings, plus the value-based inventory fee under MCL 600.871 (e.g., $68.75 + 0.5% of the amount over $10,000 for estates $10k-$25k; continues scaling with estate value) — official Michigan Courts fee tables MCL 700.3719; MCL 700.3982; MCL 700.1210; MCL 600.871
Minnesota Reasonable fee UPC state: reasonable compensation (Minn. Stat. §524.3-719); no percentage schedule. ~$310-$365 to open probate (first-paper district court filing fee plus county law library fee; identical for informal and formal) — Minn. Stat. §357.021 and mncourts.gov fee schedule; certified letters $14 each Minn. Stat. §524.3-719; Minn. Stat. §524.3-1201; Minn. Stat. §357.021
Mississippi† Reasonable fee Court’s discretion: ‘such sum as the court deems proper’ considering estate value/worth and difficulty of duties, plus necessary expenses including a reasonable attorney’s fee (Miss. Code §91-7-299). The old 1%-7% statutory guideline was removed by amendment; no percentage schedule today. Varies by county (no statewide schedule verified) Miss. Code §91-7-299; Miss. Code §91-7-322
Missouri Statutory percentage Statutory MINIMUM schedule for both PR and attorney (RSMo §473.153), computed on personal property administered plus proceeds of court-ordered real estate sales: 5% of first $5,000; 4% of next $20,000; 3% of next $75,000; 2.75% of next $300,000; 2.5% of next $600,000; 2% of everything over $1,000,000. Courts may allow more for services; it is a floor, not a ceiling. Varies by county (no statewide schedule verified) RSMo §473.153; RSMo §473.097
Montana Reasonable fee Reasonable compensation (MCA §72-3-631). Montana’s former percentage cap (3% of first $40,000, 2% above) was removed by 2019 legislation; no percentage schedule today. Varies by county (no statewide schedule verified) MCA §72-3-631; MCA §72-3-1101
Nebraska Reasonable fee UPC state: personal representative entitled to ‘reasonable compensation’ (Neb. Rev. Stat. §30-2480); attorney compensation likewise reasonable, subject to court review (§30-2482). No percentage schedule. Probate court costs scale with estate value under Neb. Rev. Stat. §33-125 (base probate fee + 10% judges’ retirement surcharge + ~$20 statutory fees); secondary sources report totals from ~$44 (smallest estates) to ~$1,670 (over $5M). Exact schedule not independently verified from an official fee table. Neb. Rev. Stat. §30-2480; Neb. Rev. Stat. §30-24,125; Neb. Rev. Stat. §33-125
Nevada Statutory percentage PR commission (NRS 150.020): 4% of first $15,000; 3% of next $85,000; 2% above $100,000. Attorney may elect estate-value schedule (NRS 150.060): 4% of first $100,000; 3% of next $100,000; 2% of next $800,000; 1% of next $9,000,000; 0.5% of next $15,000,000; reasonable amount above $25,000,000 (hourly or other court-approved methods also permitted). Verified on leg.state.nv.us. District court commencement fee roughly $270+ under NRS 19.013 plus county-specific surcharges; probate petition totals vary by county and estate size — official statewide figure not verified (marking not found rather than guessing). Nev. Rev. Stat. §150.020; Nev. Rev. Stat. §150.060; Nev. Rev. Stat. §146.080; Nev. Rev. Stat. §146.070; Nev. Rev. Stat. ch. 145
New Hampshire† Reasonable fee No statutory percentage schedule; executor/administrator and attorney compensation is allowed by the Circuit Court Probate Division as just and reasonable (see RSA ch. 554 et seq. and probate court practice). Exact compensation section not pinned to primary source in this pass. Not verified from an official schedule this pass — NH Circuit Court Probate Division fee schedule applies (commonly cited around $150-$300 to open an estate; treat as unverified). N.H. RSA 553:32; N.H. RSA ch. 554
New Jersey Hybrid Executor/administrator corpus commissions are statutory (N.J.S.A. 3B:18-14): 5% of first $200,000 of corpus; 3.5% on excess over $200,000 up to $1,000,000; 2% over $1,000,000; plus 6% income commission (N.J.S.A. 3B:18-13). Attorney fees are not on a percentage schedule (reasonable, court-reviewable). Surrogate’s Court fees are modest: probate of a will approximately $100 for the first two pages plus $5 per additional page, short certificates ~$5 each (N.J.S.A. 22A:2-30); typical all-in $100-$200. Figure from knowledge of fee statute, not re-verified — medium confidence on the fee only. N.J.S.A. 3B:18-14; N.J.S.A. 3B:18-13; N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4; N.J.S.A. 22A:2-30
New Mexico† Reasonable fee UPC state: personal representative entitled to reasonable compensation (NMSA 1978 §45-3-719); attorney fees reasonable. No percentage schedule. Informal probate in county probate court ~$30; district court probate filing ~$132. From general knowledge/secondary sources, not verified against an official NM courts fee schedule — low confidence on fees. NMSA 1978 §45-3-719; NMSA 1978 §45-3-1201
New York Hybrid Executor commissions are statutory (SCPA §2307): 5% of first $100,000; 4% of next $200,000; 3% of next $700,000; 2.5% of next $4,000,000; 2% above $5,000,000 (computed half for receiving, half for paying out). Attorney fees are reasonable, subject to Surrogate’s Court oversight. Verified on nysenate.gov. Surrogate’s Court probate/administration filing fee is a statutory sliding scale (SCPA §2402): $45 (<$10k); $75 ($10k-<$20k); $215 ($20k-<$50k); $280 ($50k-<$100k); $420 ($100k-<$250k); $625 ($250k-<$500k); $1,250 ($500k+). Verified. N.Y. SCPA §2307; N.Y. SCPA §1301; N.Y. SCPA §2402
North Carolina Hybrid Personal representative commissions are discretionary with the clerk of superior court but statutorily capped at 5% of receipts and expenditures (N.C.G.S. §28A-23-3); not an entitlement schedule. Attorney fees reasonable. Verified on ncleg.gov. Statutory: $120 to open ($106 General Court of Justice + $10 facilities + $4 IT) plus 40 cents per $100 of personal property, capped at $6,000 (N.C.G.S. §7A-307). Verified on ncleg.gov. N.C.G.S. §28A-23-3; N.C.G.S. §28A-25-1; N.C.G.S. §7A-307
North Dakota† Reasonable fee UPC state: reasonable compensation for personal representative (N.D.C.C. §30.1-18-19, UPC 3-719 analog); attorney fees reasonable. No percentage schedule. District court probate filing fee approximately $80 (from general knowledge of ND court fee schedule) — not verified against an official source this pass; treat as low confidence. N.D.C.C. §30.1-18-19; N.D.C.C. §30.1-23-01
Ohio Hybrid Executor/administrator commissions are statutory (ORC §2113.35): 4% of first $100,000; 3% of $100,000-$400,000; 2% above $400,000 (personal property + real property sold); plus 1% of unsold real property and 1% of certain non-probate property. Attorney fees are reasonable (court-approved, often guided by local probate court rules). Verified on codes.ohio.gov. Set by each county probate court; commonly ~$200-$300 to open a full administration (deposit-based). No statewide schedule — marked as varies-by-county, unverified representative range. Ohio Rev. Code §2113.35; Ohio Rev. Code §2113.03; Ohio Rev. Code §2113.031
Oklahoma Hybrid Personal representative commissions are statutory (58 O.S. §527): 5% of first $1,000; 4% of next $5,000; 2.5% of all above $6,000 (of the whole estate accounted for), plus extraordinary-service allowances. Attorney fees are reasonable (court-allowed). Verified via oklegislature.gov PDF/Justia. District court probate filing fee roughly $164-$215 depending on county surcharges — from secondary sources, not verified against an official OSCN fee schedule; low confidence on the fee. Okla. Stat. tit. 58, §527; Okla. Stat. tit. 58, §393; Okla. Stat. tit. 58, §245
Oregon Hybrid Personal representative compensation is statutory (ORS 116.173): 7% of first $1,000; 4% of $1,000-$10,000; 3% of $10,000-$50,000; 2% above $50,000; plus 1% of certain non-probate property (excluding life insurance). Attorney fees are reasonable (ORS 116.183). Verified. Statutory sliding scale (ORS 21.170, per 2025 OJD Circuit Court fee schedule): $278 (<$50k); $591 ($50k-<$1M); $882 ($1M-<$10M); $1,176 ($10M+). Verified. ORS 116.173; ORS 116.183; ORS 114.510; ORS 21.170
Pennsylvania† Reasonable fee No statutory percentage. Compensation of personal representatives and attorneys must be ‘reasonable and just’ (20 Pa.C.S. §3537). Courts often reference the informal ‘Johnson estate’ percentage guideline schedule, but it is case-law custom, not statute. Register of Wills fees are set per county and typically scale with estate size; commonly ~$100-$500 to open probate. No statewide schedule — varies-by-county, representative range only (unverified). 20 Pa.C.S. §3537; 20 Pa.C.S. §3102
Rhode Island† Reasonable fee No statutory percentage schedule; executor/administrator and attorney compensation is allowed by the (municipal) probate court as just/reasonable. Exact compensation section not pinned to a primary source this pass. Probate is administered by each city/town probate court; petition fees are set locally (often modest flat fees plus per-page costs). Statewide representative figure not found — marked not found rather than guessed. R.I. Gen. Laws §33-24-1
South Carolina Hybrid Personal representative commission is statutory (S.C. Code §62-3-719): not to exceed 5% of appraised personal property plus sale proceeds of real property sold by will/court order; minimum $50; plus up to 5% of estate income. Attorney fees are reasonable. Verified via statute mirrors. Statutory sliding scale on gross probate estate (S.C. Code §8-21-770(B)): $25 (<$5k); $45 ($5k-$20k); $67.50 ($20k-$60k); $95 ($60k-$100k); $95 + 0.15% of excess over $100k ($100k-$600k); $845 + 0.25% of excess over $600k ($600k+). Verified. S.C. Code §62-3-719; S.C. Code §62-3-1201; S.C. Code §8-21-770
South Dakota Reasonable fee UPC state: reasonable compensation for personal representative (SDCL §29A-3-719); attorney fees reasonable. No percentage schedule. Not verified from an official UJS fee schedule this pass — marked not found (secondary sources suggest modest flat filing fees). SDCL §29A-3-719; SDCL §29A-3-1201
Tennessee† Reasonable fee No statutory percentage; personal representative and attorney compensation is reasonable compensation for services, approved by the probate court (see Tenn. Code Ann. §30-1-407 and related case law). Cite from knowledge, not re-verified this pass. Set per county clerk; commonly ~$150-$400 to open (e.g., metro counties toward the high end). Varies-by-county representative range, unverified. Tenn. Code Ann. §30-1-407; Tenn. Code Ann. §30-4-102; Tenn. Code Ann. §30-4-103
Texas Hybrid Executor/administrator standard compensation is statutory (Tex. Estates Code §352.002): 5% commission on cash actually received plus 5% on cash actually paid out (excluding e.g. cash on hand/bank deposits at death and distributions to heirs), capped in aggregate at 5% of the gross fair market value of the estate subject to administration. Attorney fees are reasonable. Note: most Texas probates are independent administrations where compensation is often governed by the will. Verified. County clerk / statutory probate court fees vary by county; typically ~$250-$450 to file an application for probate. Representative range from county schedules, not verified against a single official statewide source. Tex. Estates Code §352.002; Tex. Estates Code §205.001; Tex. Estates Code ch. 257
Utah Reasonable fee UPC state: reasonable compensation for personal representative (Utah Code §75-3-718); attorney fees reasonable. No percentage schedule. District court probate filing fee approximately $360-$375 (recent secondary sources report $375). Not verified against the official Utah Courts fee schedule this pass — medium confidence on the exact figure. Utah Code §75-3-718; Utah Code §75-3-1201
Vermont Reasonable fee No statutory percentage schedule; executor/administrator and attorney compensation is allowed by the Probate Division as reasonable. Exact compensation section not pinned to a primary source this pass. Probate filing fees are a statutory sliding scale by estate size under 32 V.S.A. §1434 (small estates pay a reduced fee); exact current tiers not verified this pass — marked not found rather than guessed. 14 V.S.A. §1902; 32 V.S.A. §1434
Virginia Reasonable fee Personal representative entitled to ‘reasonable compensation’ (Va. Code §64.2-1208); in practice Commissioners of Accounts apply published guideline percentage scales (commonly around 5% of receipts, sliding), but these are guidelines, not statute. Attorney fees reasonable. Probate tax of 10 cents per $100 of estate value, with no tax on estates of $15,000 or less (Va. Code §58.1-1712); localities may add up to one-third of the state tax (§58.1-1718); plus modest clerk recordation fees (e.g., $25 list of heirs, §64.2-509/58.1 fees). Verified on law.lis.virginia.gov. Va. Code §64.2-1208; Va. Code §64.2-601; Va. Code §58.1-1712; Va. Code §58.1-1718
Washington Reasonable fee No percentage schedule: personal representative receives ‘such compensation as the court shall deem just and reasonable’ (RCW 11.48.210); attorney fees likewise reasonable. Nonintervention powers (RCW 11.68) keep most administrations out of court supervision. $200 statutory probate filing fee (RCW 36.18.020) plus county surcharges — typically ~$240 total (some counties $240-$290). Verified via app.leg.wa.gov and county schedules. RCW 11.48.210; RCW 11.62.010; RCW 36.18.020
West Virginia Reasonable fee Fiduciary (personal representative) compensation is ‘reasonable compensation’ subject to review (W. Va. Code §44-4-12a); in practice a ~5%-of-receipts benchmark is commonly applied by fiduciary commissioners, but it is not a statutory entitlement schedule. Attorney fees reasonable. Probate is handled by county clerks/commissions; fees are modest (recording and probate fees typically tens of dollars, plus publication costs) and vary by county. Statewide representative figure not found — marked not found. W. Va. Code §44-4-12a; W. Va. Code §44-1A-1; W. Va. Code §44-1A-2
Wisconsin Hybrid Personal representative commission is statutory (Wis. Stat. §857.05(2)): 2% of the inventory value of property (less mortgages/liens) plus net principal gains, or a rate agreed with the decedent/beneficiaries; court may add for extraordinary services. Attorney fees are ‘just and reasonable’ (Wis. Stat. §851.40 standard). Verified on docs.legis.wisconsin.gov. Statutory: $20 if property subject to administration ≤$10,000; otherwise 0.2% of the value of property subject to administration, less encumbrances (Wis. Stat. §814.66(1)(b)) — e.g., $600 on a $300,000 probate estate. Verified. Wis. Stat. §857.05(2); Wis. Stat. §867.03; Wis. Stat. §814.66(1)(b)
Wyoming Statutory percentage Both PR and estate attorney fees follow the same statutory schedule: 10% of first $1,000; 5% of next $4,000; 3% of next $15,000; 2% of amounts above $20,000 of the estate value (PR: Wyo. Stat. §2-7-803; attorney: §2-7-804), plus court-allowed extraordinary fees; parties may negotiate lower. Verified via Justia/FindLaw statute mirrors. District court probate docket fee — commonly cited around $70, but not verified against an official Wyoming courts fee schedule this pass; treat as unverified/low confidence. Wyo. Stat. §2-7-803; Wyo. Stat. §2-7-804; Wyo. Stat. §2-1-201; Wyo. Stat. §2-1-205; 2025 Wyo. Sess. Laws SF0104 (Enrolled Act 85)

† Rows for Alabama, Arkansas, Delaware, Mississippi, New Hampshire, New Mexico, North Dakota, Pennsylvania, Rhode Island, Tennessee rely partly on secondary legal-reference sources rather than the official code text; verify with the statute or the local probate court before relying on them.

The statutory-percentage states, explained

In Arkansas, California, Florida, Iowa, Missouri, Nevada, Wyoming, the fee schedule is written into the code, which cuts both ways: you can compute the cost in advance, but the percentage applies whether or not the work was complicated — and in California the attorney and the personal representative each earn the full schedule on the gross estate, before debts are subtracted. A $1,000,000 gross California estate generates $23,000 of statutory compensation per role — up to $46,000 combined — even if a mortgage means the net estate is half that. Several of these states allow fee agreements or court adjustment in unusual cases; the table’s citations are where to check.

Up to $46,000 of statutory fees on a $1,000,000 gross California estate is worth planning around years ahead — see what to look for in an advisor who handles estate and probate exposure.

What the other states’ “reasonable fee” standard means in practice

In reasonable-fee states, probate attorneys typically bill hourly (commonly $250–$400/hour per the survey data in our estate planning cost guide) or quote a flat fee for routine administrations. The court reviews compensation if an interested party objects. Practical consequence: in these states the cost driver is complexity and conflict, not estate size — a contested $300,000 estate can cost more to probate than an uncontested $3,000,000 one.

Three legitimate ways estates reduce probate cost

  1. Small-estate procedures. Every state has a threshold under which heirs can skip full probate — from tens of thousands to $400,000 in Wyoming. Check yours in our small-estate limits table.
  2. Beneficiary designations and TOD/POD registrations. Assets with valid beneficiary designations pass outside probate entirely — often the cheapest fix and frequently neglected.
  3. Revocable living trusts. Funded trust assets avoid probate, which is why trust economics depend on this table: the higher and more percentage-driven your state’s probate costs, the more a trust’s upfront cost (typically $1,600–$3,000 attorney-drafted) can be worth. Our estate planning cost guide has the full price benchmarks.

Moving state? Four taxes change, not one

Most relocation comparisons price state income tax and stop. For a retiree, three others move at the same time — state estate tax, state inheritance tax, and what probate costs the people who inherit. Thirteen jurisdictions already exempt retirement-plan withdrawals entirely, so for those residents the income-tax saving from moving is exactly zero and the real money is at death. Corridor-by-corridor comparisons built from this same statute-cited dataset: retirement tax relocation.

Work out the number for your estate

Seven states publish a statutory percentage schedule, so probate cost there is arithmetic you can check — and in several of them the attorney and the personal representative are each entitled to the full amount, which doubles it. The probate cost calculator does that math for all 51 jurisdictions, cites the statute beside each result, and tells you whether your estate is small enough to skip full probate altogether.

Probate cost in your state

Each state has its own page with the governing statute, the exact fee basis, the court filing fee, the small-estate threshold, and — the part most guides omit — whether that small-estate route actually reaches real estate:

Embed this table on your site

Estate planners, probate attorneys, bloggers and educators: embed the live 51-jurisdiction table free. It states each state’s fee model, filing fee and small-estate threshold — and whether that threshold reaches real property, which it does not in 31 of 51 jurisdictions. Paste both lines — the iframe and the credit line beneath it. The credit line is the only part that carries attribution, so please keep it.

<iframe src="https://clearmoneyguide.com/embed/probate-cost/" width="100%" height="620" style="border:1px solid #ddd;border-radius:8px" title="Probate Cost by State" loading="lazy"></iframe>
<p style="font:13px/1.5 system-ui,sans-serif;margin:6px 0 0">Probate cost data by state: <a href="https://clearmoneyguide.com/probate-cost-by-state/">Clear Money Guide</a></p>

Methodology

This page was materially reviewed on July 23, 2026. Fee models, schedules, and small-estate cross-references were compiled from state statutes and official court sources, with statute citations in the table and daggered rows flagged where only secondary legal references could be checked; figures were independently spot-verified against primary sources before publication. Filing fees are representative single figures or ranges — counties add local charges. Nothing here is legal, tax, or personalized financial advice; statutes change and county practices vary, so verify with official sources before acting. See our Editorial Policy, Corrections, Affiliate Disclosure, and Disclaimer.

Cite this page: Clear Money Guide, “Probate Cost by State 2026,” compiled from state statutes and official court sources, July 2026. https://clearmoneyguide.com/probate-cost-by-state/ — free to cite with attribution. Download the full dataset as CSV, or contact contact@clearmoneyguide.com for custom state cuts.

State deep dives: single-state guides combining probate costs with retirement-income and estate-tax rules, statute-cited: Florida · North Carolina · Pennsylvania · Michigan · Arizona · South Carolina · Tennessee · Texas · Georgia · New Jersey · Connecticut · Missouri · Wisconsin · Iowa · Nebraska · Nevada · Oregon · Arkansas · Louisiana · Oklahoma · Wyoming. Full state-by-state detail lives in our retirement taxes by state hub.

Nine states classify marital property differently

Community property status changes what happens to basis at the first death — and the nine states are not interchangeable: