Probate Fee Calculator — Estimate Attorney & Executor Fees [2026]
Calculate probate fees for your estate including attorney fees, executor fees, and court costs. Supports California, Florida, and custom fee structures.
Total value of assets in the probate estate (before debts/mortgages).
Common when executor is a family heir
Probate Cost Breakdown
As % of estate: 5.6% in total probate costs
California Statutory Fee Schedule (§10810)
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Above $10,000,000 | 0.5% |
Attorney and executor fees are each calculated separately on the same schedule.
What is Probate Fee Calculator?
How to Use Probate Fee Calculator
Enter your estate's gross value (total value of assets before debts). Select your state: California uses a statutory sliding scale (4-3-2-1%), Florida uses its own scale (3-2.5-2%), or choose Custom to enter your own percentage or hourly rate. The calculator shows the statutory attorney fee, executor/personal representative fee (same scale), court filing fees, appraisal estimate, and total probate cost. Toggle the "Executor waives fee" option if family members plan to serve without compensation.
How Probate Fee Calculator Works
Common Use Cases
- Estimating total probate costs before deciding whether to open probate on an estate
- Comparing the cost of probate vs setting up a living trust for estate planning purposes
- Understanding California or Florida statutory attorney and executor fee schedules
- Calculating how much an executor is legally entitled to charge for their services
- Determining net inheritance after all probate fees and costs are deducted from the estate
- Estate planning: deciding whether probate avoidance (living trusts, joint tenancy, beneficiary designations) is cost-effective
Frequently Asked Questions
How much does probate cost in California?▼
California probate attorney fees follow a statutory sliding scale: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9,000,000. The executor receives the same fee. For a $500,000 estate, each receives $13,000 — total attorney + executor fees of $26,000, plus court costs of $400–$700.
How much does probate cost in Florida?▼
Florida attorney fees are based on the estate value: 3% on the first $1M, 2.5% on $1M–$3M, 2% above $3M. For a $500,000 estate, the attorney fee is $15,000. Personal representative fees follow the same schedule. Court filing fees in Florida are approximately $400–$900 depending on county and estate size.
Can an executor waive their fee?▼
Yes. In most states, an executor or personal representative can waive their statutory fee, which is common when the executor is also a primary beneficiary (since the fee is taxable income but the inheritance is not). Our calculator includes a toggle to exclude the executor fee from the total.
What is the difference between gross estate and probate estate?▼
The gross estate includes all assets for estate tax purposes. The probate estate is smaller — it includes only assets that do not pass automatically outside of probate (no beneficiary designations, not jointly held, not in a trust). Life insurance, retirement accounts with named beneficiaries, and jointly held property all pass outside probate.
How can I avoid probate?▼
Common probate avoidance strategies: (1) Revocable living trust — assets in trust pass to heirs without probate; (2) Joint tenancy with right of survivorship; (3) Beneficiary designations on retirement accounts, life insurance, and bank accounts (TOD/POD); (4) Small estate affidavit — many states allow simplified procedures for estates under $100K–$200K.
Are probate fees tax deductible?▼
Executor fees paid to a non-spouse are taxable income to the executor and deductible from the estate for estate tax purposes. Attorney fees and other administrative expenses are deductible from the gross estate value when calculating federal estate tax. However, federal estate tax only applies to estates over $13.61M (2024), so most estates are unaffected.
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