The Real Cost of Probate in Every State

A State-by-State Analysis

The cost of probate varies dramatically depending on where you live. Our research team analyzed court fees, typical attorney costs, and average timeline across all 50 states.

The Most Expensive States

California: Attorney fees alone can reach 4% of estate value, plus court costs averaging $1,200

New York: Surrogates court fees scale with estate size, plus mandatory attorney representation

Florida: While fees are regulated, the lengthy process (average 18 months) adds carrying costs

Massachusetts: Court fees plus required notice publications create significant baseline costs

The Least Expensive States

Texas: Independent administration allows most estates to bypass court oversight entirely

Wisconsin: Simplified procedures for estates under $50,000 with minimal court involvement

Montana: Streamlined processes and reasonable fee caps keep costs manageable

Average Costs by Estate Size

| Estate Value | Average Probate Cost | Percentage |

|-------------|---------------------|-----------|

| $100,000 | $7,500 | 7.5% |

| $250,000 | $15,000 | 6.0% |

| $500,000 | $28,000 | 5.6% |

| $1,000,000 | $45,000 | 4.5% |

What This Means For You

Know your state laws. If you live in a high-cost probate state, investing in a living trust or other probate-avoidance strategies could save your family tens of thousands of dollars.