The Short Answer
Probate commonly costs somewhere around 3% to 7% of the estate's value, a range LegalZoom and many estate attorneys quote, and it can run higher for complicated or contested estates. Most of that money goes to the attorney and the executor. Court filing fees are a small slice.
A house is what usually forces an estate into probate. Bank and retirement accounts often have named beneficiaries, but a home titled in the owner's name alone generally can't pass to anyone until a court signs off. That makes the cost of probating a house the main financial argument for transfer on death deeds, Lady Bird deeds and living trusts.
What You Actually Pay For
| Cost | What it is | Typical size |
|---|---|---|
| Court filing fees | Fee to open the case, plus smaller fees for later filings | A few hundred dollars ($435 in California, $395 in Florida for formal administration) |
| Attorney fees | Preparing petitions, notices, the inventory, the accounting and the final distribution | The largest item. Set by statute in a few states, hourly or flat elsewhere |
| Executor (personal representative) fees | Pay for the person who runs the estate | Set by statute in some states; family members often waive it |
| Appraisal | Valuing the house and other assets | In California a probate referee charges 0.1% of the value appraised |
| Bond | Insurance that protects heirs if the executor mismanages money | An annual premium; often waived by the will |
| Notice to creditors | Newspaper publication required by law | Set by the local newspaper |
| Accounting and carrying costs | Tax returns, plus property tax, insurance and utilities on the house while the case is open | Depends on how long the case runs |
The carrying costs are easy to forget. If the house sits empty for a year while the case moves through court, the estate still owes a full year of property tax and insurance.
States That Set Fees by Law
Most states only require fees to be "reasonable." California, Florida and Iowa publish a schedule:
| State | Attorney fee | Executor fee | Based on |
|---|---|---|---|
| California | 4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% of next $9 million, 0.5% of next $15 million; court sets the fee above $25 million | Same schedule, paid separately | Gross inventory value, without subtracting mortgages or other debts |
| Florida | Presumed reasonable: $1,500 up to $40,000; +$750 up to $70,000; +$750 up to $100,000; 3% of next $900,000; 2.5% from $1M to $3M; 2% from $3M to $5M; 1.5% from $5M to $10M; 1% above $10M | 3% of first $1 million; 2.5% from $1M to $5M; 2% from $5M to $10M; 1.5% above $10M | Inventory value of probate assets plus income earned during administration |
| Iowa | Capped at the executor schedule | Maximum of 6% of first $1,000, 4% of next $4,000, 2% above $5,000 | Gross assets listed in the probate inventory |
California's numbers are the fees for "ordinary" services. Selling the house, handling a lawsuit or dealing with tax disputes can be billed as extraordinary services on top, with court approval. Florida's figures are a presumption, not a cap: the attorney and the personal representative can agree to a different arrangement after the required written disclosures. Iowa's are ceilings, and the court can award less.
California example: an $800,000 house with a $300,000 mortgage
Say your mother dies owning a house appraised at $800,000 with $300,000 left on the mortgage, and nothing else that needs probate. Her equity is $500,000, but the statutory fee is computed on the full $800,000:
- 4% of the first $100,000 = $4,000
- 3% of the next $100,000 = $3,000
- 2% of the remaining $600,000 = $12,000
That's $19,000 for the attorney and another $19,000 for the executor, or $38,000 in all. Add the $435 filing fee, an $800 referee fee (0.1% of $800,000) and the publication and certified-copy costs, and you're near $40,000 before any extraordinary fees. That's about 8% of the family's actual equity. If a child serves as executor and waives the fee, the bill falls to roughly $20,000, which is still more than most families would spend setting up a trust or recording a deed.
Florida example: a $400,000 estate
Under Florida's schedules, a $400,000 probate estate works out to:
- Attorney: $3,000 for the first $100,000, plus 3% of the next $300,000 ($9,000) = $12,000
- Personal representative: 3% of $400,000 = $12,000
Florida has a twist for homes. A residence that qualifies as protected homestead is shielded from most creditors and is treated differently from ordinary probate assets, so ask the attorney up front whether the house is in the fee base and how the fee is being calculated.
Court Filing Fees
- California: $435 to file the petition for probate in most counties, with a few counties adding local surcharges.
- Florida: the clerk's statutory maximums are $395 for formal administration, $340 for summary administration of an estate worth $1,000 or more and $230 below that, plus a $4 service charge (Fla. Stat. 28.2401).
- Texas: probate fees are set by each county clerk. Check your county's current fee schedule before you file.
How Long Probate Takes
Creditor deadlines set a floor on how fast any probate can close:
- California: creditors have until the later of four months after letters are first issued or 60 days after they're mailed notice (Prob. Code 9100). The executor must file an inventory within four months of letters and, within one year (18 months if a federal estate tax return is required), either petition for final distribution or file a status report (Prob. Code 12200). In practice, a simple California probate usually takes at least a year.
- Florida: claims are due within three months after the first publication of the notice to creditors, or 30 days after a known creditor is served, whichever is later (Fla. Stat. 733.702). Many formal administrations take most of a year.
Disputes over the will, a house that's hard to sell, or missing heirs can stretch any of these well past two years.
Probate Process Steps
- Find the will and file it with the probate court in the county where the person lived.
- Petition to open probate and ask the court to appoint the executor named in the will, or an administrator if there's no will.
- Notify heirs and publish notice to creditors.
- Get letters (letters testamentary or of administration), the court document that lets the executor act for the estate.
- Inventory and appraise the house and other assets.
- Keep the estate running: pay property tax, insurance and the mortgage, and keep the house secure.
- Pay valid claims and taxes, including the final income tax return.
- Sell or distribute the house, then file a final accounting and ask the court to close the estate.
What Happens to the Property Tax Bill During Probate
The tax doesn't pause because the owner died. The bill keeps coming in the decedent's name or "Estate of," and the executor pays it from estate funds. If the estate has no cash yet, heirs often advance the money to protect the house and get reimbursed later. Unpaid property tax becomes a lien on the home that generally ranks ahead of the mortgage, and after enough time the county can start a tax sale. See what happens if you don't pay property taxes.
Exemptions can also lapse:
- Homestead exemptions are tied to an owner who lives in the home. Once the owner has died, a later year's bill may lose the exemption unless a surviving spouse or an heir who moves in applies in their own name. In Florida, eligibility is fixed on January 1, so watch the first January after the death. See the Florida homestead exemption guide.
- Reassessment. In California the change in ownership is generally dated to the death, not the end of probate, so a reassessment and supplemental bill can arrive while the case is still open unless an exclusion applies. The parent-child exclusion under Prop 19 now requires the child to use the home as their primary residence. See Prop 13 and Prop 19 explained.
- Senior freezes and other personal exemptions usually end with the person who qualified for them.
For what heirs face once title transfers, see property taxes on an inherited house. You can check what a home pays today on its county page, starting from property-tax.info.
Small Estate Shortcuts
Many states let smaller estates skip full probate. The rules for real estate are narrower than for bank accounts:
| State | Shortcut | Limit |
|---|---|---|
| California | Small estate affidavit (personal property, no court) | $208,850 for deaths on or after April 1, 2025 |
| California | Petition to determine succession to a primary residence (Prob. Code 13151, as amended by AB 2016) | Home worth up to $750,000; file at least 40 days after death |
| Florida | Summary administration (Fla. Stat. 735.201) | Estate up to $150,000 (raised from $75,000 effective July 1, 2026), not counting exempt property, or the person has been dead more than 2 years |
| Texas | Small estate affidavit (Estates Code ch. 205) | No will; estate up to $75,000 excluding homestead and exempt property; 30 days after death. A homestead can pass this way only if it's the only real estate in the estate |
California's primary residence petition is the big change for homeowners: a family home worth $750,000 or less can now go through a short court petition instead of a full probate. It still goes before a judge, but it skips the statutory percentage fees. If a Florida death happened before July 1, 2026, confirm with the clerk or an attorney whether the old $75,000 limit or the new $150,000 limit applies.
When the Estate Is Insolvent
An estate is insolvent when its debts are bigger than its assets. In that case:
- Heirs aren't personally liable for the decedent's debts. Creditors can only be paid from estate assets. The exceptions are debts the heir co-signed or owes on their own.
- Claims are paid in a set order. In California the order is administration expenses, then debts secured by a mortgage or other lien, then funeral expenses, last-illness costs, family allowance, wages and finally general debts (Prob. Code 11420). Florida uses a similar class system (Fla. Stat. 733.707). If money runs out partway through a class, everyone in that class gets a proportional share and later classes get nothing.
- The house may be sold. The executor can sell it to raise cash. Property tax liens and the mortgage are paid off at closing, before unsecured creditors see anything.
- Florida protected homestead generally passes to the heirs free of unsecured creditors' claims, though the mortgage and property tax still have to be paid.
If the house is underwater and there's little else, the heirs may simply let the executor sell it or let the lender foreclose. They can walk away without owing anything themselves.
How to Keep a House Out of Probate
| Method | Up-front cost | Where it works | Main catch |
|---|---|---|---|
| Transfer on death deed | Recording fee, plus an attorney if you use one | About 32 states plus DC | No backup plan if the beneficiary dies first unless you name one |
| Lady Bird deed | Usually a few hundred dollars up to about $1,000 with an attorney | FL, TX, MI, VT, WV (Florida details) | Only five states |
| Revocable living trust | Higher: drafting the trust and retitling the house | All states | You have to actually deed the house into the trust |
| Joint tenancy with right of survivorship | A new deed | All states | It's a gift today, the co-owner's creditors can reach the house, and the heir may lose part of the step-up in basis |
For a side-by-side look, see living trust vs. Lady Bird deed vs. TOD deed. If someone suggests just adding a child to the deed, read quitclaim deed vs. transfer on death deed first; the capital gains hit can be larger than the probate fees you were trying to avoid. The tax side is covered in capital gains tax when you sell your home.
Bottom Line
Probate usually eats a few percent of an estate, and on a house in a statutory-fee state like California the fee is figured on the full value, mortgage included. An $800,000 home can cost close to $40,000 to probate even with $300,000 still owed. While the case is open, the estate keeps paying the property tax, and exemptions tied to the owner can drop off. Small estate procedures help if you qualify, and California's $750,000 primary residence petition covers many homes. For most homeowners, a TOD deed, Lady Bird deed or living trust set up now costs far less than probate later.
This is general information, not legal or tax advice. Probate fees, thresholds and procedures vary by state and county and change often. Consult a probate attorney licensed where the property is located.