Probate Fee Calculator: What Probate Actually Costs by State — Idaho
This page tailors the probate fee calculator for Idaho residents. A probate fee calculator shows the actual attorney and executor fees your estate will owe based on where you live.
Nine states set fees by statute: California's Cal. Prob.
Code §10810 tiered schedule (4%/3%/2%/1%/0.5%), Florida's Fla. Stat. §733.6171 stepped-base plus percentages, and 7 others including Iowa, Missouri, Montana, New York (executor only), Wyoming, Arkansas, Oklahoma, and New Jersey (executor only).
The remaining ~41 states use a reasonable-fee model at roughly 2-4% of gross estate. For a $750,000 California moderate probate, statutory fees alone come to about $18,000 in attorney fees plus another $18,000 for the executor — a $36,000 total that a $2,000-$6,750 revocable living trust would have avoided entirely.
How it's calculated
Probate fees have four components. First, attorney fees. California, Florida, Iowa, Missouri, Montana, New York (executor only under SCPA §2307), Wyoming, Arkansas, Oklahoma, and New Jersey (executor only under N.J.S.A. §3B:18-14) set statutory percentage schedules — the calculator applies them precisely. The other ~41 states use a reasonable-fee model at 2-4% of gross estate for uncontested probate. Second, executor commission — California, Iowa, and Wyoming let the executor and attorney EACH claim the same statutory percentage, roughly doubling the total statutory bill. Third, court filing fees plus publication of notice to creditors plus certified copies, running $400-$1,500 uncontested. Fourth, ancillary probate for out-of-state real property, running $2,000-$8,000 per additional state.
One detail most probate fee tools miss: the fee base is GROSS estate value, not net of debts. A $750,000 house with a $500,000 mortgage still counts as $750,000 for California statutory fee purposes — that's why probate fees can consume such a large share of what heirs actually inherit. The calculator above computes both the fee and the corresponding living trust cost calculator comparison so you can see whether trust planning would have paid off.
Every state has a small-estate procedure that lets estates under a threshold skip full probate. California's threshold is $208,850 (indexed 2025); Arizona expanded to $200,000 personal / $300,000 real in September 2025; Oregon's is $275,000 combined. The calculator flags when your estate qualifies for these simplified procedures — fees drop to under $1,000 and timeline shortens to weeks.
Five more states worth naming individually. Missouri is one of the 9 statutory-fee states above: under Mo. Rev. Stat. §473.153, the schedule runs 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, and 2.5% of the next $600,000 (2% above $1 million) — on a $400,000 estate that's $250 + $800 + $2,250 + $8,250 = $11,550 in statutory attorney fees, with the executor typically entitled to the same schedule. Michigan, by contrast, sets no statutory percentage at all: under MCL §700.3719, the personal representative and attorney are both owed "reasonable compensation," with courts weighing time, complexity, and local rates rather than a fixed table — market practice runs roughly 2-3% of estate value for routine cases. South Dakota's personal-representative fee is a non-binding statutory guideline, not a mandatory schedule: SDCL §29A-3-719 suggests 5% of the first $1,000, 4% of the next $4,000, and 2.5% above that (based on personal property value), while attorney fees are hourly or flat with no percentage set by law. Connecticut is a different animal entirely — its statutory probate fee isn't an attorney or executor commission at all, but a COURT fee under Conn. Gen. Stat. §45a-107, assessed on the estate up to roughly 1% of value and capped at $40,000; attorney and executor compensation in Connecticut otherwise follows the reasonable-fee model like most non-statutory states. Virginia likewise has no attorney/executor fee statute, but does impose a distinct probate tax: $1 per $1,000 of estate value (with localities allowed to add up to a third more), waived entirely for estates of $15,000 or less.
Common mistakes to avoid
- Assuming statutory percentages apply only to net estate. California's Cal. Prob. Code §10810 fee is based on GROSS estate inventory + gains − losses, NOT net of debts. A house with a large mortgage still counts at full value for the fee schedule.
- Forgetting the executor gets the same percentage. In California (§10800), Iowa (§633.197), and Wyoming (§2-7-803), the executor is entitled to the SAME statutory schedule as the attorney — total statutory bill roughly doubles.
- Missing the small-estate procedure. Estates under the state threshold (CA $208,850, TX $75k, NY $50k personal property, OR $275k combined) can skip full probate for a fraction of the cost.
- Ignoring extraordinary services. Cal. Prob. Code §10811 and every state's equivalent allow additional court-approved fees for sale of real estate, tax proceedings, will contests, and other non-routine work — often adding $5,000-$25,000+.
- Forgetting ancillary probate. Real estate in a state other than the decedent's domicile triggers a separate probate in that state ($2,000-$8,000 extra per state) — a revocable trust avoids this entirely.
- Treating the fee as inevitable. A revocable living trust drafted during life ($1,500-$5,000, $5,000-$10,000+ in California/HNW) sidesteps the whole attorney-executor-court stack.
Frequently asked questions
What is a probate fee calculator?
A probate fee calculator estimates the attorney fees, executor commission, court costs, and any ancillary probate fees your estate will owe. It applies actual state statutory schedules where they exist (9 states) and market-typical percentages for reasonable-fee states (the other ~41). Inputs: state, gross estate value, complexity, and additional states with real property. Output: total cost breakdown plus a comparison to a revocable living trust that would have avoided probate.
How much are probate fees in California?
California statutory probate fees follow Cal. Prob. Code §10810: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million. Both the attorney (§10810) and executor (§10800) are entitled to the SAME schedule, so total statutory fees roughly double. On a $500,000 gross estate: attorney $13,000, executor $13,000, total statutory $26,000 plus court costs. On a $1M estate: $23,000 each = $46,000. Extraordinary services (sale of real estate, will contests, tax proceedings) add more under §10811.
What are Florida probate fees?
Florida attorney fees are presumed reasonable under Fla. Stat. §733.6171 with a stepped schedule: $1,500 for estates up to $40,000, plus $750 at $70,000, plus $750 at $100,000, then 3% of the excess over $100,000 up to $1M, 2.5% next $2M, 2% next $2M, 1.5% next $5M, 1% over $10M. Personal representative commission is separate under §733.617: 3% first $1M, 2.5% next $4M, 2% next $5M, 1.5% over $10M. Summary administration under §735.201 (estate ≤ $75,000 or death 2+ years old) is a fast, low-fee alternative.
Are probate fees based on net or gross estate?
GROSS estate value in statutory-fee states — not net of debts. California's Cal. Prob. Code §10810 uses inventory appraisal plus gains on sales minus losses; it does NOT deduct the mortgage on real property. So a $500,000 house with a $400,000 mortgage still counts as $500,000 for the fee schedule. This is why probate can consume such a large share of what heirs actually inherit, and why the living-trust math wins so decisively for real-estate-heavy estates.
Do all states have statutory probate fees?
No — only 9 states set statutory schedules: California (Cal. Prob. Code §10810), Florida (Fla. Stat. §733.6171 + §733.617), Iowa (Iowa Code §633.197/198), Missouri (§473.153), Montana (§72-3-631), New York (SCPA §2307 executor only), Wyoming (§2-7-803/804), Arkansas (§28-48-108), Oklahoma (tit. 58 §527), and New Jersey (§3B:18-14 executor only). The other ~41 states use a 'reasonable fee' model with court approval on contested cases and market-typical rates (2-4% of gross estate) on uncontested cases.
How much are probate fees in Michigan, Missouri, Connecticut, South Dakota, or Virginia?
Missouri sets a statutory attorney/executor schedule under Mo. Rev. Stat. §473.153 (5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, 2% above $1M) — about $11,550 in statutory attorney fees on a $400,000 estate. Michigan has no statutory percentage; MCL §700.3719 entitles the personal representative and attorney to 'reasonable compensation' based on time and complexity, roughly 2-3% of estate value in practice. South Dakota's SDCL §29A-3-719 gives a non-binding guideline (5% of the first $1,000, 4% of the next $4,000, 2.5% above that on personal property), with attorney fees set by hourly rate or flat fee. Connecticut's statutory fee under Conn. Gen. Stat. §45a-107 is a probate COURT fee (not an attorney/executor commission), roughly 1% of the estate capped at $40,000. Virginia has no attorney/executor fee statute but imposes a separate probate tax of $1 per $1,000 of estate value (plus an optional local add-on), waived for estates of $15,000 or less.
How can I reduce probate fees?
Five ways: (1) A revocable living trust set up during life — assets in the trust bypass probate entirely, saving the full attorney + executor + court stack; (2) Transfer-on-death deeds for real estate (available in ~30 states) avoid ancillary probate on out-of-state property; (3) Pay-on-death designations on bank/brokerage accounts pass directly to beneficiaries; (4) Joint tenancy with rights of survivorship on real estate passes automatically at first death; (5) If already in probate, qualify for the state's small-estate procedure (threshold varies by state) to bypass full formal probate. See our living trust cost calculator for the trust setup cost by state.
Sources
We prioritize primary sources for rules, formulas, rates, limits, and definitions. See our calculator methodology and editorial policy.
- Cal. Prob. Code §10810 — attorney statutory schedule
- Fla. Stat. §733.6171 — attorney presumed reasonable
- Iowa Code §633.197 — executor commission
- Mo. Rev. Stat. §473.153 — statutory fee
- NY SCPA §2307 — executor commissions
- MCL §700.3719 — Michigan personal representative compensation
- Conn. Gen. Stat. §45a-107 — probate court fees
- SDCL §29A-3-719 — South Dakota personal representative compensation
- Virginia Tax — Probate Tax
- American College of Trust and Estate Counsel (ACTEC)