US Probate Calculator
Step-by-Step Explanation

How US Probate Fee Calculation Works

Understand how statutory attorney rates, personal representative commissions, court petition costs, and small estate threshold exemptions are calculated.

2026 Statutory Probate Costs Updated

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Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

1

Gross Probate Estate Valuation

The baseline calculation for probate fees in most states begins with the gross value of probate property. Gross valuation includes all assets solely titled in the decedent's name at death—including real property, personal items, vehicles, bank accounts, and brokerage investments.

Important Rule: In statutory states like California (Probate Code § 10800/10810), statutory fees are computed on the gross estate value without deducting mortgages or debts. For example, a house worth $800,000 with a $600,000 mortgage is still assessed at $800,000 for statutory fee calculations.
2

Statutory Fee Schedules vs Reasonable Fees

US states use three primary compensation structures for attorneys and executors:

1. Mandatory Statutory Tiered Fees

States like California and Florida set strict percentage tiers by law (e.g. 4% on first $100k, 3% on next $100k, 2% on next $800k).

2. Fee Caps & Receipts/Disbursements

States like Texas cap personal representative compensation at 5% of sums received and paid out in cash.

3. Reasonable Customary Fees

States like Illinois and Washington evaluate fees based on reasonable hourly rates or customary percentage guidelines approved by the court.

3

Small Estate Affidavit Exemption

Every US state establishes a small estate threshold (ranging from $10,000 up to $275,000). If the total gross probate value is less than or equal to the state's cap, heirs can file a simplified affidavit or summary administration proceeding, saving thousands of dollars in formal probate expenses and completing the transfer in weeks rather than months.

4

Assets That Bypass Probate Entirely

You can significantly reduce estimated probate fees by ensuring assets pass outside of probate. Non-probate property includes:

  • Revocable Living Trusts
  • Joint Tenancy with Right of Survivorship
  • Payable-on-Death (POD) & Transfer-on-Death (TOD) accounts
  • Life insurance policies and 401(k)/IRA retirement accounts with designated beneficiaries