Probate vs Trust: What Each One Actually Costs
Probate is the default court process for settling an estate at death — attorney fees, executor commission, court costs, and 6-24 months of settlement time, running roughly 3-8% of gross estate. A revocable living trust is the standard alternative — $1,500-$5,000 attorney or $499-$599 online, set up during life, and it avoids probate entirely because trust assets don't pass through court.
For estates above the state's small-estate threshold (California $208,850; Arizona $200,000; Oregon $275,000), the trust math wins decisively: a $750,000 California estate faces $36,000+ in statutory probate fees vs $2,025-$6,750 for a revocable living trust that would have avoided it entirely.
Probate vs Revocable Living Trust: Side-by-Side
| Probate | Revocable Living Trust | |
|---|---|---|
| When you pay | At death (deducted from estate) | During life (one-time setup) |
| Attorney fee | Statutory in 9 states (CA §10810: 4%/3%/2%/1%/0.5%); reasonable in ~41 states (2-4% of gross) | $1,500-$5,000 typical; $5,000-$10,000+ in CA/HNW; $499-$599 online |
| Executor / trustee fee | 2-4% commission (CA + IA + WY: same statutory schedule) | Typically 0 during life (grantor is trustee); successor trustee compensated only if formal |
| Court + publication | $400-$1,500 uncontested; $900-$4,500 contested | None |
| Timeline | 6-24 months uncontested; 2-5 years contested | Weeks to distribute at death |
| Privacy | Public record via probate court | Private (trust not filed in court) |
| Multi-state property | Requires ancillary probate per state ($2k-$8k each + 6-12 months) | Trust holds all property; no ancillary needed |
| Small-estate procedure | Available if estate ≤ state threshold; weeks + <$1,000 | Same trust setup — usually not worth it below threshold |
| Estate tax | Doesn't reduce; assets in taxable estate | Doesn't reduce; assets remain in taxable estate (revocable) |
| Changes after setup | N/A (probate is one-shot) | Amend anytime during life |
Which should you choose?
Choose probate (i.e., don't set up a trust) when: your estate is at or below the state's small-estate threshold (California $208,850; Arizona $200,000; Oregon $275,000; most others $25k-$100k) AND you don't own real property in multiple states.
Below the threshold, small-estate procedures process in weeks for under $1,000 — cheaper than trust setup. Choose a revocable living trust when: your estate is above the small-estate threshold, you own real property in more than one state (avoids ancillary probate), you're in a slow probate state (California, New York), or you want privacy for your estate settlement.
The trust setup cost ($1,500-$5,000) is meaningfully less than probate cost on any middle-class-or-larger estate. Above the federal $15M estate tax exemption or a state exemption threshold, you also need IRREVOCABLE trusts (ILIT, MAPT, dynasty) for tax planning — a revocable trust alone doesn't reduce estate tax.
The math on a $750,000 California estate
Under Cal. Prob. Code §10810, attorney statutory fee on $750,000: 4% × $100k ($4,000) + 3% × $100k ($3,000) + 2% × $550k ($11,000) = $18,000. Under §10800, executor gets the same $18,000. Court filing + publication + certified copies: $600-$1,500. Total probate cost: $36,600-$37,500 over 15-30 months (12-24 base + 3-6 for real estate under Cal. Prob. Code §9100's 4-month creditor claim period plus urban court backlog).
Compare to a California revocable living trust: attorney-drafted $2,025-$6,750 (national $1,500-$5,000 × California's 1.35 cost multiplier) or Trust & Will online $499-$599. Add funding $500-$2,000. Total trust setup: $2,525-$8,750, done today. Net savings if the trust is in place at death: $28,000-$35,000 plus 12+ months of estate settlement time. The probate fee calculator computes this exactly for your specific state and estate value.
When probate is the right choice
Not every estate needs a trust. Below the state's small-estate threshold, probate via affidavit is cheaper than trust setup. California §13100 processes estates ≤ $208,850 in weeks for a few hundred dollars in fees. Arizona's threshold expanded to $200,000 personal / $300,000 real in September 2025. Oregon allows $275,000 combined. Every state has some form of simplified procedure; the threshold determines whether trust setup pays off.
The other case where probate makes sense: single-property, single-state, single-heir estates where the parties want court oversight of asset transfer. Some heirs prefer a clean court order over trust-based distribution — probate provides that public record and creditor cutoff at the end of the claim period.
The multi-state trap
Ancillary probate is the single strongest argument for a trust. Every state where the decedent owned titled real property (real estate, mineral interests, sometimes vehicles/boats) requires its own probate proceeding at death — the primary probate opens in the domicile state, then each additional state runs its own ancillary probate. Cost is $2,000-$8,000 per additional state, and timeline adds 6-12 months per state.
A revocable living trust with title to all real properties eliminates this entirely. Nothing 'dies' with the grantor because the trust owns everything; no ancillary probate is triggered. For anyone owning a vacation home, inherited family cabin, or investment property in another state, this alone typically justifies the trust cost.
What a revocable trust doesn't do
A revocable living trust does NOT reduce estate tax. Assets in a revocable trust remain in your taxable estate because you retained control. The 2026 federal exemption is $15M per individual (permanent under OBBBA P.L. 119-21) regardless of trust structure. It also does not protect assets from your creditors during life or from Medicaid spend-down. For those, you need irrevocable structures — see the living trust cost calculator for ILIT, MAPT, and dynasty trust costs.
Frequently asked questions
Is a trust cheaper than probate?
For estates above the state's small-estate threshold, yes — dramatically so. Trust setup runs $1,500-$5,000 attorney or $499-$599 online, one-time during life. Probate at death runs 3-8% of gross estate, or roughly $10,000-$60,000 for typical estates. In statutory-fee states (California under Cal. Prob. Code §10810, Florida under §733.6171, and 7 others), the gap is even larger because probate fees are fixed by percentage tiers on gross estate. For a $750,000 California estate, probate costs about $36,000 vs trust setup at $2,025-$6,750.
How much does probate cost?
3-8% of gross estate in most states for uncontested probate, or roughly $10,000-$60,000 for typical estates. In California (Cal. Prob. Code §10810), both attorney and executor each get the same statutory percentage schedule (4%/3%/2%/1%/0.5%), so total statutory fees roughly double. Florida sets attorney fees under §733.6171 with a stepped base and tiered percentages. The other ~41 states use reasonable-fee models at 2-4% of gross estate. Contested probate hits $50,000+ almost everywhere.
Does a living trust avoid probate?
Yes, for assets properly funded into the trust. The trust holds title to your assets during your life (with you as trustee and beneficiary), and at death a successor trustee distributes them according to the trust document — bypassing probate court entirely. The catch: the trust MUST be funded. Assets not retitled into the trust still go through probate. Trust funding (retitling deeds, brokerage accounts, etc.) is a $500-$2,000 additional cost or DIY step that most trust failures skip.
How long does probate take?
6-12 months for uncontested probate in most states, 9-18 months with real estate, 12-24 months in California and New York (statutory creditor claim periods + court backlogs), and 3-6 months in Texas (independent administration under Tex. Est. Code §401.001). Contested probate takes 2-5 years. A revocable living trust distributes to beneficiaries in weeks after death — no court proceeding required for trust assets. See the probate timeline calculator for state-specific ranges.
Do I need a trust or is a will enough?
A will is enough when your estate is at or below the state's small-estate threshold (California $208,850, Arizona $200,000, Oregon $275,000, most others $25k-$100k) AND you don't own real property in multiple states. Add a durable POA and healthcare directive to the will and you're covered for $500-$1,500 attorney or $199-$299 online. Add a revocable living trust when you're above the small-estate threshold, own multi-state real estate, or want probate avoidance for privacy or speed. See the living trust vs will comparison for the full framework.
Does a living trust save estate tax?
No — a revocable living trust does NOT reduce estate tax. Assets remain in your taxable estate because you retained control. The 2026 federal exemption is $15M per individual (permanent under OBBBA P.L. 119-21) regardless of trust structure. Only irrevocable trusts move assets out of the taxable estate: ILIT for life insurance, dynasty trust for generational transfer, gifting trusts for appreciating assets. See the estate tax calculator for federal + state exposure, and the living trust cost calculator for irrevocable trust costs.
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Sources
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