Probate fees and timeline calculator

What probate is, and what it is not

Probate is the court procedure that confirms who manages a deceased person's estate, pays the debts and taxes and transfers what is left to the heirs or the beneficiaries of the will. It covers only the probate estate: assets in the deceased's name alone with no beneficiary designation. Life insurance, retirement accounts with a named beneficiary, joint accounts with right of survivorship, payable-on-death accounts and assets held in a living trust pass outside probate, which is why two estates of the same total value can face very different probate costs.

Statutory fees and reasonable fees

Most states let the personal representative and the attorney charge a reasonable fee, usually hourly, which the court reviews. A few write the fee into the statute as a percentage of the estate, decreasing as the estate grows. In those states the percentage applies to the gross probate estate, not to the net value after the mortgage, so a house with little equity can generate a large fee. Extraordinary work, such as selling real estate, litigation or running a business, is paid on top with court approval. Florida's attorney schedule is a presumption that clients can negotiate; California's applies unless the court allows more.

The court's own fees

The petition to open probate carries a filing fee set by the state or the county, sometimes on a sliding scale by estate size, as in New York. Publication of the notice to creditors in a newspaper, a bond for the personal representative when the will does not waive it, certified copies of letters and an appraisal add smaller amounts.

How long probate takes

The creditor claim period is the hard floor: the estate cannot be closed safely before it ends. After it, the personal representative pays valid claims, files the final income tax returns, sells or transfers property and prepares an accounting or a receipt from each heir. A simple estate often closes within a year; a contested will, a house that is slow to sell, an estate tax return or missing heirs can stretch it to two years or more. The probate timeline guide goes step by step.

Small estates

Every state has a shortcut for small estates, usually an affidavit that lets heirs collect bank accounts and personal property after a waiting period, sometimes a summary administration in court. The value limit and what counts toward it differ widely; many states exclude real estate, vehicles or assets passing outside probate. The state pages quote the statute.

Taxes are separate

Probate fees are not taxes. The estate itself may owe federal estate tax only above a high exemption, and a few states levy estate or inheritance taxes; the personal representative also files the deceased's final income tax return and, when the estate earns income, an estate income tax return (IRS Publication 559).