Probate Lawyer Cost by State
Most articles on this subject quote a percentage. In most states, the law does not set one — and knowing which kind of state you are in changes what you can negotiate.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Two Systems, Not One
Across the 32 jurisdictions we have verified, attorney compensation in probate is set one of two ways. 6 states use a statutory percentage schedule — AR, CA, FL, IA, MO, NV — where the code itself names the brackets. The other 26 apply a reasonableness review: the fee is whatever the court will approve as reasonable for the work actually done.
That difference decides how much room you have. In a schedule state the ordinary fee is essentially arithmetic on the estate value. In a reasonableness state there is no ceiling written into the statute and no floor either — the number depends on the engagement you agree and on what the court will allow.
| State | How the fee is set |
|---|---|
| Alaska | Court-reviewed reasonableness No statutory percentage fee schedule. Under AS 13.16.440, on notice or petition the court may review the propriety of hiring an attorney (or other specialized agent) for the estate and the reasonableness of that person's compensation, as well as the reasonableness of the personal representative's own compensation (AS 13.16.430, also a 'reasonable compensation' standard). Fees must be in line with what is customarily charged for administering an estate of comparable size in the same area; the court can order refunds of excessive compensation. Alaska Stat. § 13.16.440 (court review of attorney compensation); § 13.16.430 (personal representative compensation) · as of 2026-09-01 |
| Arkansas | Statutory percentage schedule Arkansas sets a statutory percentage fee schedule for probate attorneys, tiered by the value of the property administered: 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; and 2% of everything above that. The court may allow more or less than the schedule amount if it is shown to be insufficient or excessive for the actual work performed, and a personal representative may elect to fix fees without prior court approval, subject to later court review of reasonableness. Ark. Code Ann. § 28-48-108(d) · as of 2026-09-01 |
| Arizona | Court-reviewed reasonableness No statutory percentage fee schedule. Arizona law entitles a personal representative to 'reasonable compensation' for services, and by extension the attorney for the estate is compensated on the same reasonableness basis, reviewed by the court; there is no fixed percentage or formula in the statute. A personal representative may also renounce all or part of any fee provided by a will. Ariz. Rev. Stat. § 14-3719 · as of 2026-09-01 |
| California | Statutory percentage schedule California sets a statutory percentage fee schedule for ordinary probate attorney compensation, calculated on the total appraised value of the estate's inventory (plus sale gains, less sale losses, plus receipts): 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% of the next $9,000,000; 0.5% of the next $15,000,000; and for amounts above $25,000,000, a reasonable amount set by the court. The personal representative is entitled to the identical percentage schedule for ordinary compensation under the parallel Prob. Code § 10800, so on a typical estate the attorney and the executor/administrator each separately receive the same statutory percentage amount. Cal. Prob. Code § 10810 · as of 2026-09-01 |
| Colorado | Court-reviewed reasonableness No statutory percentage fee schedule. Colorado law entitles both the fiduciary (personal representative) and the fiduciary's lawyer to 'reasonable compensation' for services rendered on behalf of the estate; the court retains inherent authority and discretion to determine what compensation and costs are reasonable, and this can be paid without a prior court order unless removal proceedings against the fiduciary are pending. Colo. Rev. Stat. § 15-10-602 · as of 2026-09-01 |
| District of Columbia | Court-reviewed reasonableness Reasonable-compensation standard, not a percentage schedule, for decedents dying on or after July 1, 1995. (For deaths before that date, former Superior Court Probate Division Rule 125 set a non-statutory guideline of 4.5%-8% combined for personal representative + attorney — that guideline predates and is not itself the current statute.) D.C. Code § 20-751 · as of 2026-09-01 |
| Delaware | Court-reviewed reasonableness No statutory percentage schedule in the estates title itself. Commissions and attorneys' fees are delegated to the Court of Chancery's own rules ("as provided by rule of the Court of Chancery"); court practice applies a multi-factor reasonableness test (time spent, complexity, estate value, comparable local rates, etc.). 12 Del. C. § 2305(a) · as of 2026-09-01 |
| Florida | Statutory percentage schedule Statutory presumed-reasonable percentage/fixed-fee schedule for ordinary attorney services in formal administration: $1,500 for estates ≤$40,000; +$750 for the portion $40,000-$70,000; +$750 for the portion $70,000-$100,000; then 3% on the next $900,000 (i.e. up to $1M); 2.5% for $1M-$3M; 2% for $3M-$5M; 1.5% for $5M-$10M; 1% above $10M. This is a rebuttable presumption — parties may agree to a different fee arrangement, and it is not mandatory. Fla. Stat. § 733.6171(3) · as of 2026-09-01 |
| Georgia | Court-reviewed reasonableness No statutory percentage schedule. The personal representative or the attorney may petition the probate court, with citation served on the other party, to obtain a judgment fixing the attorney's fees and expenses — a court-determined reasonableness standard based on case-specific factors (complexity, time, local rates). O.C.G.A. § 53-7-6(4) · as of 2026-09-01 |
| Iowa | Statutory percentage schedule Statutory percentage schedule, not mere reasonableness review. The estate's attorney fee is capped by the same schedule that caps the personal representative's ordinary-service compensation: 6% of the first $1,000 of gross probate-inventory assets, 4% of the amount between $1,000 and $5,000, and 2% of all amounts over $5,000 (life insurance proceeds not payable to the estate are excluded from the base). The court sets the actual fee within that ceiling based on reasonableness for services actually rendered. Iowa Code § 633.198, incorporating the schedule in § 633.197(1) · as of 2026-01-01 |
| Idaho | Court-reviewed reasonableness Reasonableness standard, no statutory percentage schedule. I.C. § 15-3-719 entitles the personal representative to 'reasonable compensation'; the same reasonableness standard governs attorney fees for estate representation (see also I.C. § 15-3-720, allowing recovery of 'reasonable attorney's fees' incurred in good-faith estate litigation). No fixed percentage-of-estate fee schedule exists for either the representative or the attorney. Idaho Code § 15-3-719 · as of 2026-07-01 |
| Illinois | Court-reviewed reasonableness Reasonableness standard, no statutory percentage schedule. 'The attorney for a representative is entitled to reasonable compensation for his services.' Courts have broad discretion to determine what is reasonable based on estate complexity, time spent, and local rates. 755 ILCS 5/27-2(a) · as of 2010-07-02 |
| Kansas | Court-reviewed reasonableness Reasonableness standard ('just and reasonable'), no statutory percentage schedule. Applies to both the fiduciary's own compensation and that of the fiduciary's attorneys, allowed together as part of the same statutory provision. K.S.A. 59-1717 · as of 2026-09-01 |
| Louisiana | Court-reviewed reasonableness No statutory percentage governs the ATTORNEY's fee in a Louisiana succession; the attorney's fee must be reasonable under Rule 1.5 of the Louisiana Rules of Professional Conduct (factors: estate value, complexity, work performed, etc.), and a percentage-based fee arrangement is permitted only if it produces a reasonable ultimate fee. Separately, Article 3351 sets a DEFAULT statutory rate of 2.5% of the sworn inventory value for the compensation of the succession REPRESENTATIVE (executor/administrator) absent a testamentary provision or agreement otherwise, with the court able to increase it on a proper showing. La. Code Civ. Proc. art. 3351; La. Rules of Prof'l Conduct R. 1.5 · as of 2026-09-01 |
| Maryland | Court-reviewed reasonableness Maryland sets no statutory percentage fee for probate attorneys; compensation must be 'fair and reasonable in the light of all the circumstances.' The attorney or personal representative petitions the Orphans' Court/Register of Wills for a counsel fee, and where multiple attorneys are compensated, the court must ensure the AGGREGATE fees do not exceed what would be a fair and reasonable total cost of administering the estate. (The Register of Wills separately publishes non-binding attorney-fee guidelines expressed as percentages of the estate, but these are administrative guidance, not a statutory schedule.) Md. Code, Estates and Trusts § 7-602 · as of 2026-09-01 |
| Maine | Court-reviewed reasonableness Maine has no statutory percentage fee for probate attorneys. A personal representative is entitled to 'reasonable compensation' for services, and any attorney employed by the personal representative is likewise subject to a reasonableness standard. On petition of an interested person, the probate court may review the propriety of the attorney's employment and the reasonableness of the fee, applying factors including time, labor, novelty and difficulty of the work, the fee customarily charged locally for similar services, amount involved and results obtained, time constraints, and the experience/reputation/ability of the person performing the services; the court can order a refund of excessiv … 18-C M.R.S. §§ 3-719, 3-721 · as of 2026-09-01 |
| Minnesota | Court-reviewed reasonableness Minnesota has no statutory percentage fee for probate attorneys or personal representatives (and imposes no probate tax); the standard is 'reasonable compensation for services,' with a will-provided fee renounceable in favor of the reasonableness standard. In determining reasonableness, the court must consider: (1) the time and labor required; (2) the complexity and novelty of the problems involved; and (3) the extent of the responsibilities assumed and the results obtained. Minn. Stat. § 524.3-719 · as of 2026-09-01 |
| Missouri | Statutory percentage schedule Statutory percentage fee schedule, identical table for both the personal representative and the attorney: 5% on the first $5,000; 4% on the next $20,000; 3% on the next $75,000; 2.75% on the next $300,000; 2.5% on the next $600,000; 2% on all over $1,000,000. Courts may award additional compensation above this statutory minimum to make attorney compensation reasonable and adequate. Mo. Rev. Stat. § 473.153 · as of 2026-09-01 |
| Mississippi | Court-reviewed reasonableness Court-determined reasonable compensation — no statutory percentage schedule. The chancery court awards 'such sum as the court deems proper' for the executor/administrator, plus 'a reasonable attorney's fee, to be assessed out of the estate, in an amount to be determined by the court.' Miss. Code Ann. §§ 91-7-281, 91-7-299 · as of 2026-09-01 |
| Montana | Court-reviewed reasonableness Reasonable compensation, determined case-by-case; no statutory percentage. The former cap (3% of the first $40,000 of the estate plus 2% of the excess, applicable without court approval) was repealed by 2019 legislation. Any interested person may petition the court on the propriety of an attorney's fee. Mont. Code Ann. § 72-3-631 · as of 2026-09-01 |
| North Dakota | Court-reviewed reasonableness North Dakota's UPC-based probate code sets no percentage fee schedule for attorneys. A personal representative is entitled to reasonable compensation for services (N.D.C.C. § 30.1-18-19), and if a personal representative defends or prosecutes a proceeding in good faith, the estate must reimburse necessary expenses and disbursements, including reasonable attorney's fees incurred (§ 30.1-18-20). North Dakota case law further limits recovery to fees and services that benefited the estate, not merely the personal representative's own interest. N.D. Cent. Code § 30.1-18-19; § 30.1-18-20 · as of 2026-09-01 |
| Nebraska | Court-reviewed reasonableness Reasonable compensation, court-reviewable; no statutory percentage. Compensation of persons employed by the personal representative, including attorneys, may be reviewed by the court for reasonableness, weighed against factors such as time, labor, difficulty, customary local fees, amount involved, and the attorney's experience and reputation. Neb. Rev. Stat. §§ 30-2480, 30-2482 · as of 2026-09-01 |
| New Mexico | Court-reviewed reasonableness New Mexico's Probate Code sets no percentage fee schedule for probate attorneys. A personal representative is entitled to reasonable compensation for services (§ 45-3-719), and if a personal representative defends or prosecutes a proceeding in good faith — win or lose — the estate must reimburse necessary expenses and disbursements including reasonable attorneys' fees incurred (§ 45-3-720). Fees are reviewed for reasonableness, not fixed by percentage. N.M. Stat. Ann. § 45-3-719; § 45-3-720 · as of 2026-09-01 |
| Nevada | Statutory percentage schedule Statutory percentage fee schedule for ordinary attorney services: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000; and for all amounts above $25,000,000, a reasonable amount determined by the court. Fee must be fixed by written agreement between personal representative and attorney and approved by the court after petition, notice and hearing. Nev. Rev. Stat. § 150.060 · as of 2026-09-01 |
| New York | Court-reviewed reasonableness New York has no statutory percentage fee schedule for probate attorneys (unlike the percentage commission schedule for executors/administrators under SCPA 2307). Under SCPA 2110, the Surrogate's Court may fix and determine attorney compensation for services rendered to a fiduciary or interested party at any time during administration, direct payment from the estate or from funds held by the fiduciary, and order an attorney to refund any amount found excessive. Reasonableness is determined judicially case by case, with the burden on the attorney to justify the fee. N.Y. Surr. Ct. Proc. Act Law § 2110 · as of 2026-09-01 |
| Oregon | Court-reviewed reasonableness Oregon uses a discretionary reasonableness standard, not a statutory percentage schedule: the court awards attorney fees after weighing customary community fees, time spent, counsel's experience and skill, the result obtained, any fee agreement, and the responsibility assumed relative to estate value — no single factor controls. Or. Rev. Stat. § 116.183 · as of 2026-09-01 |
| South Dakota | Court-reviewed reasonableness South Dakota's percentage schedule under S.D. Codified Laws § 29A-3-719 (5% of the first $1,000; 4% of the next $4,000; 2.5% above $5,000 of personal property accounted for) applies to the PERSONAL REPRESENTATIVE's compensation, not to the attorney. Attorneys, accountants, appraisers, and other agents of the personal representative are instead entitled to 'reasonable compensation' determined by statutory factors (time, difficulty, customary local fees, experience, etc.), not the fixed percentage table. S.D. Codified Laws § 29A-3-719 · as of 2026-09-01 |
| Tennessee | Court-reviewed reasonableness No statutory percentage schedule exists for probate attorney fees in Tennessee. Attorney fees are governed by the general reasonableness standard of Tenn. Sup. Ct. R. 8, RPC 1.5(a), applied by the court through a multi-factor test (time/labor, novelty/difficulty, customary local fee, amount involved and results obtained, nature of relationship, experience/reputation, fixed vs. contingent, etc.). A separate statute, Tenn. Code Ann. § 30-2-606, allows the personal representative (not necessarily the attorney) 'reasonable compensation' for administering the estate, likewise without a fixed percentage. Tenn. Sup. Ct. R. 8, RPC 1.5(a) · as of 2026-09-01 |
| Texas | Court-reviewed reasonableness No statutory percentage schedule. A personal representative (and by extension the estate's attorney) is entitled to 'reasonable attorney's fees necessarily incurred in connection with the proceedings and management of the estate,' subject to court approval on 'proof satisfactory to the court' -- a discretionary reasonableness standard, not a fixed percentage. Tex. Est. Code § 352.051 · as of 2026-09-01 |
| Utah | Court-reviewed reasonableness No statutory percentage schedule. Personal representatives and attorneys are entitled to 'reasonable compensation' for their services. If a compensation petition is unopposed, the requested amount is deemed reasonable; if an interested person objects, the court determines reasonable compensation for the attorney directly (and for the personal representative based on quality/quantity/value of services and comparable-fiduciary practice). Utah Code § 75-3-718 · as of 2026-09-01 |
| Washington | Court-reviewed reasonableness No statutory percentage schedule. The personal representative's attorney is entitled to 'such compensation therefore out of the estate as the court shall deem just and reasonable,' assessed either at the final account or by interim allowance during administration. Courts apply the multi-factor Washington reasonableness test (e.g., In re Estate of Larson factors: labor/time, novelty/difficulty, results obtained, customary fees, amount involved) rather than a fixed percentage. Rev. Code Wash. § 11.48.210 · as of 2026-09-01 |
| Wisconsin | Court-reviewed reasonableness Wisconsin has no statutory percentage fee schedule for probate attorneys. Under Wis. Stat. § 851.40, an attorney performing estate services 'shall be entitled to just and reasonable compensation for such services,' and where the fee is contested (no will provision on fees, or intestacy), the court weighs factors such as time, labor, and the attorney's experience — expressly excluding estate size as the deciding factor. Wis. Stat. § 851.40 · as of 2026-09-01 |
32 of 51 jurisdictions shown. 6 set the fee by statutory percentage schedule (AR, CA, FL, IA, MO, NV); the rest apply a reasonableness review. A missing state does not mean there is no rule — it means our source check did not clear that entry yet, and we would rather leave it blank than print a number we cannot back. Figures change when legislatures amend them; each row carries its own date.
The Trap: Whose Schedule Is It?
Several states set a percentage schedule for the personal representative — the person administering the estate — and say nothing specific about the attorney. South Dakota is exactly that case. Arkansas has two schedules in the same statute section, one for each role, with very different brackets. Quoting the wrong one overstates or understates the cost badly, and it is the single most common error in secondary write-ups of this topic. Every entry above says which role its schedule governs.
Before You Pay for Probate at All
Every state has a simplified route for smaller estates. Where the estate falls under the limit, an affidavit can replace formal administration and most of the cost disappears with it — the limits run from $15,000 to $400,000, with a median of $75,000. See the small estate limits by state before assuming full probate is necessary.
Common Questions
Is there a standard percentage probate lawyers charge?
Not as a matter of law in most states. Of the 32 jurisdictions we have verified, only 6 — AR, CA, FL, IA, MO, NV — set attorney compensation by a statutory percentage schedule. Everywhere else the court reviews the fee for reasonableness, and any percentage you are quoted is local custom rather than a rule.
What does California's schedule pay?
California Probate Code section 10810 sets 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000 and 0.5% on the next $15,000,000, for ordinary services. Extraordinary services are billed separately with court approval.
Why do two states with schedules produce very different fees?
Because the brackets differ enormously. Wyoming starts at 10% of the first $1,000 and falls to 2% above $20,000; California starts at 4% of the first $100,000. On a $500,000 estate those produce very different numbers, which is why a national average is close to meaningless.
Does the personal representative's schedule apply to the lawyer too?
Often not, and confusing the two is the most common error in this area. South Dakota's percentage schedule, for instance, governs the personal representative's compensation and not the attorney's. Arkansas has two separate schedules in the same statute section. We flag which one each entry describes.
Can I avoid probate fees entirely?
Sometimes. Estates below your state's small estate threshold can often be settled by affidavit without formal administration, which removes most of the cost. Assets with beneficiary designations or held in a living trust pass outside probate altogether.
Are these figures current?
Each row carries its own as-of date and citation. Legislatures amend these provisions, so a figure that was right last year may not be right now — that is exactly why we publish the citation next to the number rather than a national average.
Why are some states missing from the table?
Because their entry did not clear our source check yet — the official site was unreachable, the quoted text could not be found in the archived source, or the source fell outside our allowed list. A blank means unverified, not unregulated. We would rather show the gap than print a number we cannot back.
Sources: the probate code of each state, cited row by row. General information, not legal advice. Settlement Insight is not a law firm and does not represent any party.