Probate Cost Calculator (2026): What Estate Settlement Really Costs Your Heirs
Probate is the court-supervised process that transfers assets you own in your own name after you die. It is also the single largest avoidable expense in most estates. In states with statutory fee schedules, attorney and executor fees alone run 3% to 8% of the probate estate — before court costs, appraisals, bond premiums or the cost of waiting a year for access to the money.
Use the calculator below to estimate what probate will cost, how much of your estate has to go through it, what each heir actually receives, and how much life insurance it would take to cover those costs outside of probate. The estimate updates as you move the sliders.
Probate Cost and Estate Settlement Estimator
Adjust your estate details to see the cost of probate in your state.
- Attorney fees $13,000
- Executor / personal representative $13,000
- Court costs, filing and publication $1,200
Estimates use published statutory fee schedules (California, Florida, New York) and customary fee ranges elsewhere. Court costs and timeframes vary by county. This is an educational estimate, not legal advice.
How Much Does Probate Cost in 2026?
Probate costs come from three pockets. First, the personal representative (the executor) is entitled to a fee for administering the estate. Second, the attorney handling the estate is paid. Third, the court itself charges filing fees, and the estate pays for publication of notices, appraisals, a surety bond and certified copies of the order distributing the assets.
In a minority of states those first two fees are set by statute on a sliding scale tied to the size of the estate. California, Florida and New York are the best-known examples, and in all three the attorney and the executor are paid the same schedule, which doubles the number most families expect. Everywhere else the fee is "reasonable compensation," and in practice that lands between 3% and 5% of the estate for the attorney, with executors often waiving their fee for family estates.
| State | Attorney fee basis | Executor fee basis | Court costs and typical duration | Small-estate threshold |
|---|---|---|---|---|
| California | Statutory: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M, 0.5% above | Identical statutory schedule | About $1,200 in filing, publication and copies; 12 to 18 months | $184,500 |
| Florida | Statutory: 3% of first $1M, 2.5% to $5M, 2% to $10M, 1.5% above | Identical statutory schedule | About $800; 6 to 12 months | $75,000 |
| New York | Customary at the executor commission scale: 5% of first $100K down to 2% above $5M | Statutory commission scale, SCPA 2307 | About $720; 12 to 24 months | $50,000 |
| Texas | Customary, roughly 3% to 5% | Customary; frequently waived in family estates | About $900; 6 to 12 months | $75,000 |
| Illinois | Customary, roughly 3% to 4% | Customary; frequently waived | About $500; 9 to 15 months | $100,000 |
| Pennsylvania | Customary, roughly 3% to 5% | Customary; frequently waived | About $600; 9 to 15 months | $50,000 |
| All other states | Customary, roughly 3% to 5% | Customary; frequently waived | About $1,000; 9 to 18 months | $50,000 to $100,000 typical |
What a $500,000 Estate Actually Pays in Each Fee-Schedule State
The table below runs the same $500,000 probate estate through each fee model. These numbers come from the calculator's own engine, so they match what you see when you set the sliders to a $750,000 gross estate with $250,000 already outside probate.
| State | Attorney fee | Executor fee | Court costs | Total cost | Share of estate |
|---|---|---|---|---|---|
| California | $13,000 | $13,000 | $1,200 | $27,200 | 5.44% |
| Florida | $15,000 | $15,000 | $800 | $30,800 | 6.16% |
| New York | $19,000 | $19,000 | $720 | $38,720 | 7.74% |
| Texas | $20,000 | $0 | $900 | $20,900 | 4.18% |
| Illinois | $17,500 | $0 | $500 | $18,000 | 3.60% |
| Pennsylvania | $20,000 | $0 | $600 | $20,600 | 4.12% |
| All other states | $20,000 | $0 | $1,000 | $21,000 | 4.20% |
What Goes Through Probate, and What Does Not
The fee is charged on the probate estate, which is not the same thing as everything you own. Assets that pass by contract or by operation of law never enter the process, and because the fee schedule is graduated, moving even the first $100,000 out of probate saves real money. The single most common probate-avoidance asset in American households is a life insurance policy with a named beneficiary.
- Life insurance with a named beneficiary — paid directly to the beneficiary, outside probate, income-tax free
- Retirement accounts with a beneficiary designation — 401(k), IRA and 403(b) balances transfer directly
- Jointly owned property with right of survivorship — the surviving owner takes the whole asset
- Assets titled in a revocable living trust — the trustee distributes without court supervision
- Bank and brokerage accounts with a payable-on-death or transfer-on-death designation
- Real estate with a transfer-on-death deed — available in roughly half of states
| Asset | Through probate? | How to keep it out |
|---|---|---|
| Life insurance with a named beneficiary | No | Name a person or trust, never "my estate" |
| Life insurance payable to your estate | Yes | Update the beneficiary form today |
| 401(k) or IRA with a beneficiary | No | Keep the beneficiary designation current |
| Home owned jointly with right of survivorship | No | Ownership form controls, not the will |
| Home in your name alone | Yes | Transfer-on-death deed or a living trust |
| Assets in a revocable living trust | No | Fund the trust, do not just sign it |
| Checking account with no POD designation | Yes | Add a payable-on-death beneficiary |
| Vehicle and household contents | Usually yes | Small-estate affidavit in most states |
Watch: Do Life Insurance Proceeds Go Through Probate?
Why Life Insurance Avoids Probate, and What It Costs in 2026
A life insurance death benefit is paid to the beneficiary you name, and the policy is a contract rather than a piece of your estate. The carrier writes a check to a person, not to a court. That matters twice: it keeps the face amount out of the probate fee base, and it puts cash in your family's hands in weeks instead of the year or more probate takes to close.
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For a household that expects a five-figure probate bill, the right size of policy is not the full estate value — it is the amount of cash your family needs to pay debts, final expenses and settlement costs without selling the house. That is the number the calculator produces, and it is often a fraction of what people expect. A $75,000 term policy for a 55-year-old man in good health runs about $76 a month on the rates below, which is less than one month of the probate cost it replaces. See our life insurance needs calculator for full income-replacement sizing, and our guide on how long probate takes for the timeline side of the problem.
| Age | Male, $500,000 20-year term | Female, $500,000 20-year term | Male per $1,000 of coverage |
|---|---|---|---|
| 30 | $105/mo | $85/mo | $0.21 |
| 35 | $120/mo | $95/mo | $0.24 |
| 40 | $160/mo | $130/mo | $0.32 |
| 45 | $230/mo | $185/mo | $0.46 |
| 50 | $335/mo | $260/mo | $0.67 |
| 55 | $505/mo | $380/mo | $1.01 |
How to Reduce Probate Costs: 7 Steps
- Name a beneficiary on every policy and account. Life insurance, annuities, IRAs, 401(k)s and bank accounts all have a beneficiary form, and the form beats the will every time.
- Never write "my estate" as a beneficiary. That single word pulls the money back into probate and exposes it to creditors of the estate.
- Add payable-on-death designations to checking and savings accounts. It costs nothing and takes five minutes at the bank.
- Check how the house is titled. Joint tenancy with right of survivorship avoids probate in every state; sole ownership does not.
- Use a transfer-on-death deed where your state allows it. Roughly half of states permit it for real estate.
- Fund a revocable living trust if the estate is large. A signed but unfunded trust does nothing, so retitle the assets into it. See our guide to the irrevocable life insurance trust for the estate-tax side of trust planning.
- Ask whether your estate qualifies for the small-estate affidavit. Below the threshold in the table above, most states let heirs skip probate entirely.
Frequently Asked Questions
Does life insurance go through probate?
Not when you name a living beneficiary. The death benefit is paid directly to that person or trust and is not part of the probate estate, so it is not counted when statutory fees are calculated. If you name your own estate, or if every named beneficiary has already died, the proceeds are paid into the estate and become fully subject to probate and to estate creditors.
How long does probate take?
Typical timelines run 6 to 12 months in Florida and Texas, 12 to 18 months in California and Illinois, and 12 to 24 months in New York, with contested estates running far longer. Creditor-claim windows, tax clearances and court calendars set the floor, and the family usually has no access to the money until the court issues its final order.
Do I need a lawyer for probate?
Most states require an attorney for formal probate, and in the statutory-fee states the fee is set by law whether or not the work is complicated. Small-estate affidavits and summary administration often can be filed without a lawyer, which is one more reason the small-estate threshold matters.
Does having a will avoid probate?
No. A will is the document probate is designed to carry out — it tells the court who gets what, but the court still supervises the transfer. Only beneficiary designations, joint ownership, payable-on-death accounts and trusts take assets out of the process. See what happens if you die without a will for the intestacy rules that apply when there is no will at all.
Is the life insurance death benefit taxable to my heirs?
The death benefit is generally received free of federal income tax, and it is paid outside probate. It can still be counted in the estate for federal estate tax purposes if you own the policy, which is why larger estates often use an irrevocable life insurance trust or a life insurance estate tax review before buying a seven-figure policy.
What is the small-estate threshold in my state?
It is the estate value below which heirs can usually use an affidavit or summary procedure instead of full probate. Common figures are $50,000 in New York and Pennsylvania, $75,000 in Florida and Texas, $100,000 in Illinois, and $184,500 in California. California adjusts its figure every three years, so confirm the current number before relying on it.
Can probate fees be avoided after the death?
Rarely. Statutory fees are set by law and cannot be negotiated downward once probate is opened. The decisions that control the cost — beneficiary designations, how property is titled and whether a trust is funded — all have to be made while you are alive, which is why this is planning work rather than estate-settlement work.
Related Resources
- How Long Does Probate Take in 2026, and How Life Insurance Avoids It
- Life Insurance Beneficiary Guide: Who to Name and Who to Avoid
- Irrevocable Life Insurance Trusts Explained
- Funeral Cost Inflation Calculator
- Life Insurance Needs Calculator
- American Bar Association — Real Property, Trust and Estate Law
- California Courts — Small Estate Affidavit
- NAIC Consumer Insurance Resources
Get Your Free Life Insurance Quote
Probate costs are fixed by statute once the process starts, but the cash to cover them is not: a term policy with a named beneficiary pays your family directly, in weeks, with no court and no fee schedule. Compare free quotes from 50-plus carriers and see what coverage to keep settlement costs out of probate actually costs for your age and health. Get your free life insurance quote now.
Related: see how much of an estate a state long-term care claim can reach with the Medicaid estate recovery calculator.
