How Much Does Probate Cost — And Can You Do It Yourself?

If you are asking how much does probate cost and can I do it myself, the answer depends on where you live, how complex the estate is, and how much you can handle on your own. Here is what the typical costs look like:

Court filing fees: $200-$500
This is the cost to file the petition to open probate. It varies by state and county. Some states have a flat fee; others base it on the estate value.

Attorney fees: $3,500-$10,000+ (if you hire one)
This is the biggest variable. Some attorneys charge hourly ($200-$400/hour), others charge a flat fee, and some states (notably California) have statutory fees based on estate value. More on this below.

Executor/administrator bond: $100-$500/year
Not always required. If the will waives the bond requirement, you may not need one. If required, it is typically a small annual fee based on the estate value.

Appraiser fees: $250-$500
Most states require a court-appointed appraiser to value certain assets. Real estate appraisals typically cost $300-$500.

Publication costs: $100-$300
Most states require you to publish a notice to creditors in a local newspaper.

Certified copies of documents: $50-$100
You will need multiple certified copies of the death certificate and Letters Testamentary.

Total typical cost: $1,000-$2,000 (DIY) or $5,000-$15,000 (with attorney)

As a percentage of the estate, total probate costs typically run 3-7% of the estate value. For a $300,000 estate, that is $9,000-$21,000. For a $100,000 estate, $3,000-$7,000.

Probate costs vary dramatically by state. Here are some notable examples:

• California has statutory attorney fees that are based on the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% above that. For a $500,000 estate, that is $13,000 in attorney fees alone. The executor gets the same amount on top of that. California probate is famously expensive.
• Texas is relatively inexpensive. There is no statutory fee schedule, and the "independent administration" option allows executors to act with minimal court supervision, reducing legal costs significantly.
• Florida has a two-tier system. Summary administration (for estates under $75,000 or when the deceased has been dead for more than 2 years) is simpler and cheaper. Formal administration follows a process similar to other states.
• New York probate costs are moderate, but the process can be slow, especially in New York City, where the Surrogate's Court has a significant backlog.

Most people don't know: In California, the statutory attorney fee is based on the gross estate value, not the net. This means if you have a house worth $800,000 with a $600,000 mortgage, the attorney fee is calculated on $800,000 — not the $200,000 in equity. This is why many California families use living trusts to avoid probate entirely.

DIY probate is realistic when the estate meets most of these criteria:

• Clear, uncontested will (or a straightforward intestacy situation)
• Cooperative beneficiaries who agree on how things should be handled
• Assets in a single state
• No business interests
• No real estate in multiple states
• Estate well below the federal estate tax exemption ($13.61 million in 2024)
• Straightforward debts (credit cards, auto loans — nothing complex)
• Your state's probate court is user-friendly (many courts have self-help centers and fillable forms)

If the estate is below your state's small estate threshold, you may not need probate at all. A small estate affidavit can handle everything for the cost of a notarization.

• Anyone is contesting or likely to contest the will. Non-negotiable — you need legal representation.
• There is a business in the estate. Business succession involves employment law, contracts, tax elections, and liability issues.
• Real property in multiple states. You may need to open ancillary probate in each state, each with its own rules.
• Complicated tax situations. Estates near the federal exemption, estates with unusual income, or estates with prior gift tax returns.
• Blended families. Children from multiple marriages, stepchildren, and estranged family members increase the risk of disputes.
• You are not comfortable with legal paperwork. There is no shame in this. The forms can be confusing, and mistakes can have real consequences.

If you decide to hire an attorney, you do not have to hand over the entire process. Many attorneys are willing to work in a "unbundled" or "limited scope" arrangement where they handle specific tasks while you do the rest:

• You do the legwork. Gather documents, inventory assets, notify creditors, handle correspondence. Let the attorney handle court filings and legal strategy.
• Hire for specific tasks only. Some attorneys will file the initial petition and Letters Testamentary for a flat fee ($500-$1,500) and then let you handle the rest. They are available for questions at an hourly rate.
• Negotiate fees upfront. Ask for a flat fee instead of hourly billing. Get the fee agreement in writing before any work begins.
• Ask what is included. Some attorneys include phone calls and emails in their flat fee; others bill for every interaction.
• Get multiple quotes. Probate attorney fees vary widely even within the same city. Get at least three estimates.

Most people don't know: In states with statutory attorney fees (like California), you can negotiate with the attorney to charge less than the statutory amount. The statutory fee is a maximum, not a minimum. Many attorneys will agree to a lower fee for simple estates.

Beyond attorney and court fees, watch for these costs that add up:

• Time. Even DIY probate takes significant time — 5-15 hours per month for 6-18 months. If you have a job, this is time away from work.
• Travel. If the deceased lived in a different city or state, you may need to travel for court hearings and property management.
• Property maintenance. If the estate includes a home, someone needs to maintain it during probate — mortgage payments, insurance, utilities, lawn care, and repairs.
• Tax preparation. The deceased's final income tax return and the estate income tax return (if applicable) both require preparation. A CPA typically charges $300-$800 for these.
• Appraisal costs for special assets. Art, antiques, jewelry, collectibles, and business interests may all require professional appraisals.

Here is a practical framework for deciding:

• Estate under $50,000 in qualifying assets? Almost certainly skip probate entirely with a small estate affidavit. Cost: $0-$50.
• Simple estate, $50,000-$300,000, no disputes? DIY probate is very doable. Cost: $1,000-$2,000.
• Moderate estate, some complexity? Hire an attorney for specific tasks while handling the day-to-day yourself. Cost: $2,000-$5,000.
• Complex estate, disputes, business assets, or multi-state property? Full attorney representation. Cost: $5,000-$15,000+.

Whichever path you choose, the most expensive mistakes come from not understanding the process — paying debts in the wrong order, missing tax opportunities like stepped-up basis, or distributing assets before the creditor period expires. Even if you handle everything yourself, invest time in understanding each step before you execute it.