Probate Costs and Fees

What does probate cost?

One of the less-discussed realities of inheriting money is that probate itself has costs — and those costs come out of the estate before heirs receive anything. While the exact amounts vary significantly by state and by the complexity of the estate, understanding the typical categories of expense can help you set realistic expectations.

Important note: The figures below are rough general ranges for illustrative purposes only. Actual costs in your situation may be higher or lower. We strongly recommend consulting with a probate attorney in your state for specific guidance.

Common probate expenses

Court filing fees. Opening a probate case requires filing a petition with the court, which comes with a fee. These vary by state and county but generally range from a few hundred dollars to over a thousand.

Attorney fees. This is typically the largest probate expense. Some states set attorney fees by statute as a percentage of the estate's value. In other states, attorneys charge hourly rates or flat fees. For an estate worth several hundred thousand dollars, attorney fees alone can run into the tens of thousands. Contested estates or those involving litigation will incur significantly higher legal costs.

Executor or administrator fees. The person managing the estate is generally entitled to compensation, which may be set by state law (often as a percentage of the estate) or approved by the court. Some family members serving as executor waive this fee, but they're not required to.

Appraisal fees. Real estate, businesses, and certain personal property may need to be professionally appraised to establish fair market value. Each appraisal adds to the estate's costs.

Accounting and tax preparation. The estate may need professional accounting services for its fiduciary tax returns and final accounting to the court. Estates with business interests or complex assets incur higher accounting costs.

Surety bonds. Some courts require the executor to obtain a surety bond — essentially an insurance policy that protects the estate's beneficiaries. Bond premiums are paid from the estate.

Publication and notice costs. Most states require formal notice to creditors, often including publication in a local newspaper. These costs are relatively minor but add up.

Miscellaneous expenses. Postage, certified copies of court documents, property maintenance during probate, storage costs, and other administrative expenses can accumulate over the life of the case.

Who pays probate costs?

Probate costs are paid from the estate's assets — not directly by the heirs. However, since these costs reduce the estate's total value, they indirectly reduce the amount available for distribution to beneficiaries. In other words, every dollar spent on probate is a dollar less in your inheritance.

When probate costs create financial strain

For heirs who are counting on their inheritance to cover urgent expenses, the combination of probate costs (reducing the total inheritance) and probate delays (delaying access) can create a difficult situation. If you're in this position and need access to funds before probate concludes, an inheritance advance may help bridge the gap — with no credit check, no monthly payments, and no personal risk.