How Much Does a Probate Lawyer Cost?
It depends on the state and the size and complexity of the estate. Some states set probate attorney fees by law as a percentage of the estate's value (California) or set a schedule presumed reasonable (Florida), while others leave the fee to agreement subject to court review; fees are generally paid from the estate, and small estates may be able to skip formal probate.
What the law says
- Example (California): the state courts' self-help guide says the fees for a lawyer in formal probate are set by law and are based generally on a percentage of the total value of the estate; fees may be higher depending on how difficult the case is, and the lawyer is generally paid at the end of the case from the money left in the estate. California Courts Self-Help Guide, Overview of formal probate
- Example (California): a county public administrator page lists the statutory fee schedule as 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9,000,000 of estate assets, and says the law provides statutory attorney's fees based on the same schedule as the personal representative's. Siskiyou County (California), What fees is a Representative entitled to?
- Example (California): the self-help guide says the probate filing fee is typically $435, that other costs such as newspaper notice and appraisals mean administration costs are often well over $1,000, and that formal probate typically takes 9 to 18 months. California Courts Self-Help Guide, Overview of formal probate
- Example (California): as of January 1, 2026, the filing fee for a first-filed petition for letters of administration or letters testamentary is $435, and a petition for special letters of administration without general powers is $200; some fees vary in Riverside, San Bernardino, and San Francisco counties because of a local courthouse construction surcharge. Superior Court of California, Statewide Civil Fee Schedule (effective January 1, 2026)
- Example (Florida): under Florida Statutes § 733.6171, attorney compensation for ordinary probate services is presumed reasonable at $1,500 for estates of $40,000 or less, an additional $750 for estates over $40,000 up to $70,000, an additional $750 for estates over $70,000 up to $100,000, then 3% of the next $900,000, 2.5% of amounts above $1 million up to $3 million, 2% above $3 million up to $5 million, 1.5% above $5 million up to $10 million, and 1% above $10 million. Florida Statutes § 733.6171 (Florida Legislature)
- Example (Florida): the attorney may receive further reasonable compensation for extraordinary services, such as will contests, tax matters, and real property transactions, and on petition of an interested person the court may increase or decrease the compensation for ordinary services. Florida Statutes § 733.6171 (Florida Legislature)
- Example (Florida): The Florida Bar says the attorney and others involved in a probate are entitled to reasonable compensation, and a presumed-reasonable amount calculated under Florida law applies if no beneficiary objects; a judge may also determine the fee. The Florida Bar, Consumer Pamphlet: Probate in Florida
- Example (New York): under Surrogate's Court Procedure Act § 2110, the court is authorized at any time during the administration of an estate to fix and determine the compensation of an attorney; the proceeding may be started by petition of a fiduciary, a person interested, or an attorney who rendered services. New York Surrogate's Court Procedure Act § 2110 (NY State Senate)
- Example (California): a small estate affidavit lets heirs collect personal property such as bank accounts or stocks without formal probate if at least 40 days have passed since the death. The dollar limit is set by state law and adjusted periodically (the self-help page points to form DE-300 for the current limit), and the affidavit does not cover real property. California Courts Self-Help Guide, Small estate affidavit to transfer personal property
- Example (Florida): summary administration is available when the value of the entire estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $75,000, or when the decedent has been dead for more than 2 years. Florida Statutes (2025) § 735.201 (The Florida Senate)
FAQ
Who pays the probate lawyer?
Generally the estate. California's self-help guide says the lawyer is generally paid at the end of the case from the money left in the estate.
Is the probate lawyer's fee set by law?
In some states. Florida, for example, sets a fee schedule for ordinary services that is presumed reasonable, and the court may increase or decrease it on petition of an interested person.
Can a court change a probate lawyer's fee?
Yes, in some states. In New York, the Surrogate's Court is authorized to fix and determine an attorney's compensation during the administration of an estate.
Can I avoid probate costs for a small estate?
Sometimes. California allows a small estate affidavit for personal property below a set limit after 40 days, without formal probate.
Are there costs besides the lawyer's fee?
Yes. California's self-help guide says the filing fee is typically $435 and administration costs, such as newspaper notice and appraisals, are often well over $1,000.
Do I have to hire a lawyer for probate in Florida?
The Florida Bar's pamphlet says a personal representative should always engage a qualified attorney.
Related
- Do I Need a Lawyer to Make a Will?
- How to Make a Will
- What Is a Durable Power of Attorney?
- What Is a Living Trust?
- What Is a Medical Power of Attorney?
- What Is a Power of Attorney?
- What Is a Quitclaim Deed?
- What Is an Executor?
- What Is Probate?
- Will vs. Trust: What's the Difference?
- Wills, Estates & Deeds by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.