Probate vs Living Trust: What It Actually Costs to Skip Probate
A probate-vs-living-trust calculator shows the exact tradeoff: what probate will cost your estate at death (attorney fees, executor commission, court costs, ancillary probate) versus what a revocable living trust would cost to set up during life ($1,500-$5,000 attorney, $499-$599 online).
The calculator above computes both sides for your specific state and estate value. For a $750,000 California moderate estate, probate runs $36,000-$42,000 over 15-30 months; a California revocable living trust runs $2,025-$6,750 today.
Net savings by setting up the trust now: $30,000-$40,000 plus 12+ months of estate settlement time.
How it's calculated
The math almost always favors the trust once you're above the state's small-estate threshold. Attorney-drafted revocable living trust runs $1,500-$5,000 in most states, $5,000-$10,000+ in California and other high-cost/HNW metros; online tools like Trust & Will ($499 individual / $599 couple) work for straightforward cases. Add $500-$2,000 for trust funding (retitling deeds and accounts). Total trust setup: $2,000-$8,000 most cases.
Probate cost varies by state statute. California under Cal. Prob. Code §10810 charges attorney AND executor each the same tiered percentage (4%/3%/2%/1%/0.5%) — a $750,000 estate faces $36,000 in statutory fees alone. Florida under Fla. Stat. §733.6171 charges a stepped attorney fee ($1,500 base + tiered percentages) plus a separate personal-representative commission under §733.617. New York charges statutory executor commission under SCPA §2307 (5%/4%/3%/2.5%/2%) plus reasonable attorney fees at 2-4% of gross estate. The other ~41 states use a reasonable-fee model at roughly 2-4% for both attorney and executor.
One pattern the calculator surfaces cleanly: for real-estate-heavy estates, the trust math wins by wider margins than most people expect. Probate fees are based on GROSS estate (Cal. Prob. Code §10810 uses inventory before deducting the mortgage), so a $500,000 house with a $400,000 mortgage still counts as $500,000 for the fee schedule. A trust with the house properly titled avoids that entirely.
What the trust doesn't save: estate tax. A revocable living trust doesn't reduce estate tax because you retained control. The 2026 federal exemption is $15M per individual (permanent under OBBBA P.L. 119-21) — see the estate tax calculator for federal + state exposure. For that you need irrevocable structures.
A worked example
Take the calculator's default: a $750,000 California moderate estate. Probate math: attorney statutory fee $18,000 (Cal.
Prob. Code §10810: 4% × $100k + 3% × $100k + 2% × $550k), executor same $18,000 (§10800), court + publication $600-$1,500, total $36,600-$37,500 over 15-30 months.
Trust math: California revocable living trust $2,025-$6,750 (attorney-drafted using state cost multiplier) + funding $500-$2,000, total $2,525-$8,750 done now. Net savings if the trust is in place at death: $28,000-$35,000 plus 12+ months of settlement time.
Do the trust math for anything above the state's small-estate threshold (CA $208,850) and it wins virtually every time.
Common mistakes to avoid
- Comparing trust setup to zero. The baseline is probate cost, not $0. In California, waiting to plan means paying $36,000+ at death instead of $2,025-$6,750 during life.
- Skipping trust funding. An unfunded trust provides zero probate protection — assets not titled to the trust still go through probate. Fund the trust immediately after drafting.
- Assuming a trust saves estate tax. It doesn't. A revocable trust is a probate-avoidance tool; estate tax planning requires irrevocable trusts (ILIT, dynasty, gifting trusts).
- Ignoring the timeline savings. Probate takes 6-24 months on top of dollar cost; a trust distributes in weeks. For heirs waiting on the estate to close, that timing matters.
- Assuming the small-estate procedure is 'free' probate. Small-estate affidavits still take weeks and $200-$1,000 in fees — but yes, if the estate qualifies (CA $208,850, AZ $200k, OR $275k), it's dramatically cheaper than full probate.
- Forgetting ancillary probate savings. Real property in multiple states triggers separate probate in each state at $2,000-$8,000 apiece — a trust holds all properties and eliminates that entirely.
Frequently asked questions
Which is cheaper, probate or a living trust?
A living trust is dramatically cheaper for any estate above the state's small-estate threshold. Trust setup: $1,500-$5,000 attorney or $499-$599 online, done during life. Probate at death: 3-8% of gross estate (California statutory: attorney + executor each get the §10810 percentage schedule — total $36,000+ on a $750K estate; other states: 2-4% for each). For real-estate-heavy estates the gap widens because probate fees are on gross value, not net of mortgages. The trust also saves 6-24 months of estate settlement time.
How much does a living trust save on probate?
For a $500,000 California estate, a $1,690-$6,750 trust saves roughly $26,000-$29,000 in probate fees (California statutory attorney + executor combined) plus 12-24 months of settlement time. For a $1M California estate, the savings jump to $40,000-$46,000. In Texas and other reasonable-fee states, the fee delta is smaller (2-4% vs trust setup cost) but timeline savings (Texas 3-6 months probate vs weeks for trust distribution) remain material.
Does a living trust cost less than probate?
Almost always, if the estate is above the state's small-estate threshold. Trust setup cost is fixed ($1,500-$5,000 typical, $5,000-$10,000+ in California/HNW), paid once, during life. Probate cost is percentage-based on gross estate, paid at death. The break-even point is roughly the small-estate threshold in each state — below that, a small-estate affidavit is cheaper than a trust; above that, the trust wins.
Should I do a living trust or just a will?
A will is enough if your estate is below the state's small-estate threshold (CA $208,850, AZ $200k, TX $75k, most other states $25k-$100k) and you don't own real property in multiple states. Above the threshold or with cross-state real estate, a revocable living trust is worth the $1,500-$5,000 setup cost. Both tools also need a durable POA and healthcare directive (bundled in most online packages). See the living trust vs will comparison for the specific decision framework.
Does a living trust save on estate tax too?
No — 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. Only irrevocable trusts move assets out of the taxable estate — see the living trust cost calculator for ILIT, MAPT, and dynasty trust costs. For estate tax exposure, use the estate tax calculator.
What about small estates?
Every state has a small-estate procedure that lets estates under a threshold skip full probate for a fraction of the cost. California's affidavit under §13100 works for estates ≤ $208,850 (indexed 2025). Arizona expanded to $200,000 personal / $300,000 real in September 2025. Oregon's threshold is $275,000 combined. Below those thresholds, a small-estate procedure processes in weeks for under $1,000 — cheaper than trust setup. Above them, the trust wins.
Sources
We prioritize primary sources for rules, formulas, rates, limits, and definitions. See our calculator methodology and editorial policy.