Probate lawyer fees are hard to compare because attorneys do not all charge the same way. Some bill hourly. Some offer a flat fee. Some states allow statutory or percentage-based fee patterns. The right question is not only "what does it cost?" It is "what risk am I paying to reduce?"
Reasonable probate attorney fees are usually paid by the estate, not out of the executor's personal pocket. Planning ranges often run from about 1.5% to 5% of estate value, but the real cost depends on state law, local rates, court complexity, conflict, and asset type.
- California and Florida have clearer percentage/statutory fee patterns than many states.
- Simple estates may only need limited-scope help or a consultation.
- Contested, insolvent, or real-estate-heavy estates can cost much more.
Estimated Probate Lawyer Cost by State
The table below shows planning ranges used in AfterKin's probate cost estimator. These are not guaranteed quotes and are not a substitute for a fee agreement. They are meant to help executors understand whether a fee proposal is in the ordinary range for a simple or moderately complex estate.
| State | Attorney fee planning range | Typical probate duration | State guide |
|---|---|---|---|
| Alabama | 2%-4% | 6-12 months | Guide |
| Alaska | 2%-4% | 6-12 months | Guide |
| Arizona | 2%-3.5% | 4-9 months | Guide |
| Arkansas | 2%-4% | 6-12 months | Guide |
| California | Statutory pattern, often about 4% on the first $100,000 | 9-18 months | Guide |
| Colorado | 1.5%-3% | 4-9 months | Guide |
| Connecticut | 2%-4% | 6-12 months | Guide |
| Delaware | 2%-4% | 6-15 months | Guide |
| Florida | Common statutory pattern around 3% on many ordinary estates | 6-12 months | Guide |
| Georgia | 2%-4% | 6-12 months | Guide |
| Hawaii | 2%-4% | 6-12 months | Guide |
| Idaho | 1.5%-3% | 6-12 months | Guide |
| Illinois | 2%-4% | 9-18 months | Guide |
| Indiana | 2%-3.5% | 6-12 months | Guide |
| Iowa | 2%-4% | 6-12 months | Guide |
| Kansas | 2%-4% | 6-12 months | Guide |
| Kentucky | 2%-4% | 6-12 months | Guide |
| Louisiana | 2%-4% | 6-12 months | Guide |
| Maine | 2%-4% | 6-12 months | Guide |
| Maryland | 2%-4% | 6-12 months | Guide |
| Massachusetts | 2.5%-4.5% | 12-24 months | Guide |
| Michigan | 2%-4% | 6-12 months | Guide |
| Minnesota | 2%-4% | 6-12 months | Guide |
| Mississippi | 2%-4% | 6-12 months | Guide |
| Missouri | 2%-4% | 6-12 months | Guide |
| Montana | 1.5%-3% | 4-9 months | Guide |
| Nebraska | 2%-4% | 6-12 months | Guide |
| Nevada | 2%-4% | 4-9 months | Guide |
| New Hampshire | 2%-4% | 6-12 months | Guide |
| New Jersey | 2.5%-4.5% | 9-18 months | Guide |
| New Mexico | 1.5%-3% | 4-9 months | Guide |
| New York | 2.5%-5% | 9-18 months | Guide |
| North Carolina | 2%-4% | 6-12 months | Guide |
| North Dakota | 1.5%-3% | 4-9 months | Guide |
| Ohio | 2%-4% | 6-12 months | Guide |
| Oklahoma | 2%-4% | 4-9 months | Guide |
| Oregon | 2%-4% | 6-12 months | Guide |
| Pennsylvania | 2.5%-4.5% | 9-18 months | Guide |
| Rhode Island | 2.5%-4.5% | 6-12 months | Guide |
| South Carolina | 2%-4% | 6-12 months | Guide |
| South Dakota | 1.5%-3% | 4-9 months | Guide |
| Tennessee | 2%-4% | 6-12 months | Guide |
| Texas | 2%-3.5% | 4-9 months | Guide |
| Utah | 1.5%-3% | 4-9 months | Guide |
| Vermont | 2%-4% | 6-12 months | Guide |
| Virginia | 2%-4% | 6-12 months | Guide |
| Washington | 2%-4% | 6-12 months | Guide |
| West Virginia | 2%-4% | 6-12 months | Guide |
| Wisconsin | 2%-4% | 6-12 months | Guide |
| Wyoming | 1.5%-3% | 4-9 months | Guide |
How Probate Lawyers Charge
Most probate attorneys use one of four fee models. Hourly billing is common when the estate has uncertainty. Flat fees are more common for simple uncontested matters. Percentage or statutory fees appear in some states or local markets. Limited-scope help lets the executor handle routine tasks while the lawyer reviews forms or answers specific questions.
The fee agreement should say what is included. Filing a petition is different from handling creditor disputes, selling real estate, preparing accountings, responding to a will contest, or advising on tax filings.
When Paying for a Lawyer Is Usually Worth It
- The estate owns real estate in the deceased person's name alone.
- Beneficiaries disagree, or someone is threatening to challenge the will.
- The estate may not have enough money to pay all debts.
- The deceased owned a business, farm, rental property, or out-of-state property.
- There are state estate tax, inheritance tax, or estate income tax questions.
- You are the executor and feel unsure about distributions, creditor priority, or court filings.
For smaller estates, you may not need full representation. A one-hour consultation can still be worth it if it helps you avoid the wrong court process or an early distribution that creates personal liability.
Questions to Ask Before Hiring
- Do you charge hourly, flat fee, percentage, or statutory fees?
- What work is included in the quoted fee?
- Will you handle the full probate case or limited-scope review?
- How often will I receive invoices or fee updates?
- What tasks will I still need to handle as executor?
- What risks do you see in this estate?
Attorney fee ranges are planning estimates used by AfterKin's probate cost estimator and should be checked against local fee agreements, state law, and court review standards. This article is educational only.