Probate Fees by State

The short answer: Seventeen states have probate fee schedules verified from official sources on this site, and no two can be compared on a single "estate value" alone — each statute names its own calculation base and treats its schedule as fixed, a cap, a minimum, presumed reasonable, or a default. The table below gives the schedule type, statute citation, and base for each verified state, with a link to calculate it. Six states are listed separately as not yet verified, with no figure shown.

This tool is for information only. It is not legal, tax, or financial advice. Verify current law with the official sources cited before acting.

Recheck flag. On November 12, 2026, the current code text for Iowa, Oregon, Florida, Ohio, and New Jersey was rechecked against official sources and confirmed unchanged (see Sources). South Carolina is the remaining exception: its current §62-3-719 text could not be re-located on scstatehouse.gov in that recheck, so the South Carolina entry stays flagged as not fully verified until that recheck passes.

17 verified states

Select a state to calculate its schedule with the correct base and tier breakdown. "Who it covers" states only what was verified; where no attorney schedule was verified, none is shown in the calculator.

StateSchedule typeStatuteCalculation baseWho it coversCalculate
CaliforniaFixed scheduleCal. Prob. Code §§10800, 10810Value of the estate accounted for (encumbrances not deducted)Personal representative + attorney, identical, ordinary services onlyCalculate
New YorkFixed scheduleSCPA §2307Sums received and paid out (commissionable amount)Fiduciary only; no attorney number verifiedCalculate
FloridaPresumed reasonableFla. Stat. §§733.617, 733.6171Compensable value: inventory value of probate assets + income during administrationPersonal representative + attorney, formal administration; negotiable.Calculate
OhioFixed scheduleOhio Rev. Code §2113.35Personal property incl. income + proceeds of real property sold; plus separate 1% components (unsold real property; certain non-administered property)Personal representative only; no attorney number verified.Calculate
New JerseyFixed schedule (corpus only)N.J.S.A. 3B:18-14Corpus receivedCorpus commission only; income commission and attorney schedule not verified.Calculate
MissouriMinimumMo. Rev. Stat. §473.153Personal property administered + proceeds of real property sold under court order, valued at disbursement/distributionPersonal representative + attorney (same percentages); court may allow moreCalculate
IowaMaximum (cap)Iowa Code §633.197Gross assets in the probate inventory, excluding life insurance unless payable to the estatePersonal representative + attorney, same cap schedule; court sets the actual fee within the cap.Calculate
MarylandCapMd. Code, Estates & Trusts §7-601Property subject to administrationPersonal representative cap only; no combined figure shownCalculate
North CarolinaMaximum (cap)N.C.G.S. §28A-23-3(a)Receipts AND expenditures (two-sided)Commission cap, set in the clerk's discretionCalculate
WisconsinDefault rateWis. Stat. §857.05(2)Inventory value less mortgages/liens, plus net principal gainsPersonal representative; agreement or court order can change the rateCalculate
West VirginiaFixed scheduleW. Va. Code §44-4-12aPersonal estate incl. income + proceeds of real estate sold; plus 1% on unsold real estatePersonal representativeCalculate
LouisianaDefaultLa. Code Civ. Proc. art. 3351Amount of the inventoryDefault 2.5%; will or agreement overridesCalculate
NevadaDefault (PR); optional method (attorney)NRS 150.020; NRS 150.060(4)PR: whole estate accounted for less liens/encumbrances. Attorney (optional): gross appraisal + gains + receipts − losses, excluding encumbrancesPersonal representative default; attorney value-based method is one optional method onlyCalculate
South DakotaDefault commissions (personal property only)SDCL §29A-3-719Personal property accounted for, excluding property not ranked as assets; real property court-determinedPersonal representativeCalculate
OklahomaDefault schedule58 O.S. §527(A)Whole estate accounted for, excluding property not ranked as assetsExecutor; co-executors share one feeCalculate
OregonDefault scheduleORS 116.173(3)Property subject to the court's jurisdiction; plus 1% on certain non-jurisdiction propertyPersonal representative only; attorney is a reasonableness test, no percentage.Calculate
South CarolinaCapS.C. Code §62-3-719Appraised personal property + real-estate sale proceeds; plus up to 5% of income; $50 minimum commissionPersonal representative cap; will or contract can override. Re-locate and recheck current §62-3-719 text before relying on it.Calculate

Why the bases differ — and why one input is wrong

Applying every schedule to one gross estate value — as many fee tables do — produces wrong numbers. California's tiers apply to the estate accounted for, with encumbrances ignored, while Wisconsin's apply after mortgages and liens are subtracted. Florida's tiers apply to compensable value, which adds income earned during administration. New York's apply to money actually received and paid out, which may be far less than the gross estate. North Carolina's cap is two-sided: 5% on receipts and 5% on expenditures. Ohio, West Virginia, Oregon, and South Carolina each add a separate component on top of the main tiers. The probate fee calculator changes its labels and component inputs for each state so the amount you enter matches the statute's base. Non-probate assets — such as life insurance payable to a named beneficiary, joint or survivorship property, and trust assets — are generally outside the fee base; per-state notes in the calculator say so only where the verified text supports it.

For the step-by-step work after someone dies, use the executor checklist generator, which adds verified deadlines for California, Florida, Ohio, and Maryland only.

Excluded / not yet verified

The following six states are not in the table above, because no official statute text was retrieved for them in the research pass despite targeted searches. No claimed schedule for any of them is shown as data anywhere on this site:

  • Alabama — not yet verified
  • Arkansas — not yet verified
  • Georgia — not yet verified
  • Kentucky — not yet verified
  • Texas — not yet verified (the single biggest coverage gap; a large-population state)
  • Wyoming — not yet verified

All other states are also "not yet verified" until each classification is checked against an official source. In particular, no state is labeled "reasonable compensation — no fixed schedule" on this site unless that classification has been individually verified from official text. For an unverified state, check with the local probate court or an attorney, and confirm the current statute before acting. Do not use a generic percentage range as a substitute.

Frequently asked questions

How many states have a statutory probate fee schedule?

Published roundups disagree, because they count caps, minimums, presumptions, and optional or default schedules differently. This site does not present an unverified total. It lists 17 states whose schedules were verified from official statute or court sources, labels each one fixed, cap, minimum, presumed reasonable, or default, and lists the rest as not yet verified.

Why do probate fee bases differ by state?

Each statute names its own amount for the tiers to apply to. California uses the value of the estate accounted for without subtracting encumbrances, Wisconsin subtracts mortgages and liens, Florida adds income during administration, New York uses sums received and paid out, and North Carolina applies its cap to receipts and to expenditures. Comparing schedules without comparing bases gives misleading numbers, so this page names the base for every state.

What does it mean when a schedule is a cap, a minimum, or presumed reasonable?

A cap is the most the court or clerk may allow, not a promise of that amount. A minimum is the floor, and the court may allow more. Presumed reasonable means the figure is presumed reasonable but can be negotiated or challenged. A default applies only when the will, an agreement, or another method does not control. A fixed schedule sets the fee by tiers. The table on this page carries the correct label for every state.

Why are Alabama, Arkansas, Georgia, Kentucky, Texas, and Wyoming not in the table?

No official statute text was retrieved for those six states in the research pass, despite targeted searches, so their claimed schedules are unverified and are not shown as data. They are named honestly below as not yet verified. For any of them, check with the local probate court or an attorney.

Can I calculate my fee from this page?

Yes. Each state row links to the probate fee calculator with that state selected, where you enter the amount matching that state's calculation base and see a tier-by-tier breakdown. The calculator covers ordinary services under the statutory schedule only; extraordinary services, court costs, and taxes are not computed.

Sources

Official sources only, accessed November 12, 2026. Every schedule type, statute citation, and base in the table comes from the source listed for its state.

Rates and rules verified November 12, 2026 from official sources, subject to the recheck flag shown above for South Carolina only.

This page is for information only. It is not legal, tax, or financial advice. Verify current law with the official sources cited before acting.