Probate Calculator: Cost, Timeline, and What a Trust Would've Saved

A probate calculator estimates the total cost and timeline of probating an estate in your state. Inputs: state, gross estate value, complexity (uncontested vs contested), and number of additional states where real property is located (which triggers ancillary probate). The calculator above applies actual state fee schedules — California's Cal. Prob. Code §10810, Florida's Fla. Stat. §733.6171, and 7 other statutory states — and market-typical percentages for the ~41 reasonable-fee states.

Probate cost runs 3-8% of gross estate in most states for uncontested cases, or roughly $10,000-$60,000 for typical estates. In statutory-fee states like California, both the attorney and executor get the same percentage schedule (Cal. Prob. Code §10810), so total statutory fees roughly double: a $500,000 California estate faces about $26,000 in combined attorney + executor fees. Reasonable-fee states like Texas and Colorado run 2-4% of gross estate. Contested cases hit $50,000+ almost everywhere. Ancillary probate for real property in additional states adds $2,000-$8,000 per state.

Uncontested probate takes 6-12 months in most states, 9-18 months with real estate, and 12-24 months in California and New York. Texas independent administration closes fastest (3-6 months). Uniform Probate Code informal states (Utah, Colorado, Arizona, Minnesota, Idaho) close in 4-8 months. California is slow because Prob. Code §9100 sets a 4-month creditor claim period plus urban courts run backlogs. Contested probate — will contests or creditor litigation — takes 2-5 years everywhere. Small-estate procedures bypass full probate and close in weeks.

Nine states set statutory attorney or executor fee schedules: California (Cal. Prob. Code §10810), Florida (Fla. Stat. §733.6171 attorney + §733.617 PR), Iowa (Iowa Code §633.197/198), Missouri (§473.153), Montana (§72-3-631), New York (SCPA §2307 executor only), Wyoming (§2-7-803), Arkansas (§28-48-108), Oklahoma (tit. 58 §527), and New Jersey (§3B:18-14, executor only). The other ~41 states use a 'reasonable fee' standard subject to court approval on contested cases and market-typical practice on uncontested cases (2-4% of gross estate typical).

The most reliable way is a revocable living trust set up during life. Assets titled to the trust pass to beneficiaries at death without going through probate court. Other probate-avoidance tools: transfer-on-death deeds for real estate (available in ~30 states); pay-on-death designations on bank accounts; joint tenancy with rights of survivorship on real estate and vehicles; beneficiary designations on 401(k), IRA, and life insurance (these override wills and trusts). A living trust is the most comprehensive because it covers assets these individual tools miss. See the living trust cost calculator for setup costs by state.

Ancillary probate is a separate probate proceeding opened in each state (other than the decedent's domicile) where the decedent owned titled real property — real estate, mineral interests, sometimes vehicles/boats. The domicile-state probate must be opened first; the ancillary state then admits the domicile-state letters testamentary. Cost typically $2,000-$8,000 per additional state, plus 6-12 months of additional timeline. A revocable living trust that holds all real property avoids ancillary probate entirely because the trust doesn't die when the grantor does.

It varies widely because these five states don't all use the same fee model. Missouri sets a statutory attorney/executor percentage schedule (Mo. Rev. Stat. §473.153). Michigan and South Dakota use 'reasonable compensation' standards — Michigan with no percentage guideline at all, South Dakota with a non-binding one. Connecticut's statutory fee is actually a probate COURT fee (not an attorney or executor commission), capped at $40,000. Virginia has no attorney/executor fee statute but does levy a separate probate tax on the estate. See the probate fee calculator for the worked numbers and statute citations for each of these five states.