Probate Cost Estimator

Probate costs typically run 3-7% of the estate's gross value, with a practical minimum of about $1,500 for very simple estates. That total is made up of attorney fees (often 1.5-4% of estate value), court filing fees (roughly $200-$1,500 depending on the county and estate size), executor or personal-representative fees (0-5%, which family members frequently waive), appraisal and valuation costs, and miscellaneous expenses such as bonds, certified copies, and notices. Simple, uncontested estates land at the low end; contested estates can cost several times more.

A simple, uncontested estate with a valid will commonly takes 6-12 months. Estates without a will, or with creditor claims, real property in multiple states, or tax filings, often run 9-18 months. Contested estates, where the will is challenged or heirs dispute the distribution, can take 2-5 years. The mandatory creditor-claim period, court calendars, and federal or state tax clearances are usually the biggest drivers of how long it takes.

An attorney is not legally required in most states, and some states offer simplified or informal procedures the executor can handle alone. In practice, legal help is strongly advised for anything beyond the simplest estate, because the executor is personally responsible for filing correctly, paying valid debts, and following the court's rules. Attorney fees are normally paid from the estate, not out of the executor's pocket. The American Bar Association maintains plain-language guidance on when probate counsel is worthwhile.

Many assets pass outside probate and are not counted toward probate fees: jointly held property with rights of survivorship, accounts and policies with named beneficiaries (life insurance and retirement accounts such as IRAs and 401(k)s), property titled in a living trust, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) securities or vehicle titles. Because these transfer directly to the beneficiary, only the remaining probate estate determines most of the cost this estimator projects.

Most estates owe no federal estate tax. The IRS applies estate tax only to estates that exceed a high lifetime exemption amount, which is indexed annually, so the large majority of estates fall below the threshold and file no estate-tax return. Probate costs and any estate tax are separate items: probate fees pay for administering and settling the estate, while estate tax (if owed at all) is a federal tax on transferring wealth. A few states also levy their own estate or inheritance tax, so check both federal and state rules.

Common strategies include creating a revocable living trust so trust assets bypass probate, adding payable-on-death and transfer-on-death designations to bank and brokerage accounts, holding property in joint tenancy with survivorship, and keeping beneficiary designations current on insurance and retirement accounts. For modest estates, many states allow a small-estate affidavit or summary administration that skips full probate. Resolving family disagreements through mediation rather than litigation is the single biggest way to keep a contested estate from multiplying in cost.

If someone dies without a will (intestate), state intestacy law decides who inherits, typically the surviving spouse first, then children, then parents and siblings. The court appoints an administrator instead of an executor, and may require a surety bond, which adds expense. Intestate estates generally cost more and take longer than estates with a clear, valid will, which is why this estimator increases its projection when no will exists. USAGov publishes a checklist of the steps families take after a death.