Executor Fee & Probate Cost Calculator by State

Executor commission under each state's law for all 50 states and DC (fixed, capped, minimum or reasonable), statutory attorney fees and filing fees, with a link to every statute.

By Konstantin Iakovlev · Updated September 2026 · Source: California Probate Code §10810

$

Executor commission

$13,000.00

Share of the estate

2.60%

Fees set by statute, total

$26,435.00

California probate fees

Executor commission$13,000.00
TypeSet by statute
Attorney fee (Probate Code §10810, the same schedule)$13,000.00
Court Filing Fee$435.00
Total of Fees Shown$26,435.00

4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million of the gross estate, real estate included and debts not subtracted.

Cal. Prob. Code §10800

An executor commission is taxable income to the executor (self-employment tax applies only to professional executors), while an inheritance is not, so a family member who is also an heir often waives it in writing before the work starts. The estate deducts commissions it pays on its estate tax return or its income tax return, not both. A will that sets its own compensation usually overrides these rates, and courts can add a fee for extraordinary work.

Use the Executor Fee & Probate Cost Calculator by State above to calculate your results. Enter your values and see instant results — all calculations run in your browser.

Disclaimer: This calculator is for informational purposes only and does not constitute legal advice. Results are estimates based on the information you provide and the rules described on this page. Consult an attorney licensed in your state for advice specific to your situation.

How It Works

Settling an estate carries costs that are easy to misjudge, and the largest is often the executor's own commission. This calculator applies the rule of the state where the estate is probated, for all 50 states and DC: the commission the statute sets, caps or sets a floor for, the court guideline where one exists, and the attorney and filing fees a statute fixes.

Sixteen states fix the executor's commission by statute, seven cap it and Missouri sets a minimum; the other states leave it to the court as reasonable compensation, and Pennsylvania and Virginia courts work from published guidelines rather than law. The rates differ a lot: New York pays 5% of the first $100,000 down to 2% above $5 million, New Jersey 5% of the first $200,000 plus 6% of income, Florida 3% up to $1 million, Texas 5% of cash received plus 5% of cash paid out capped at 5% of the estate, and California 4% of the first $100,000 down to 0.5%, with the attorney entitled to the same amount again (Probate Code §§10800 and 10810). The base differs too: several states leave out real estate that is not sold or charge 1% on it, and some add a percentage of the income the estate collects, so the calculator asks for both. Each result names the statute and links to it; court filing fees are shown where they are flat, $435 for a first petition in California in 2026 and $395 for formal administration in Florida.

One thing people frequently get wrong is the value of non-probate assets, which skip probate itself yet can still trigger estate taxes or administrative expenses. It is also worth weighing alternatives such as a revocable living trust, which can sidestep probate altogether and save considerable time and money. For decisions that affect a specific estate, a qualified estate planning attorney remains the right source of advice.

Example: California Estate with $750,000 Gross Value

  1. 1 Input: State California, gross estate value $750,000.
  2. 2 Attorney fee under Probate Code §10810: 4% of the first $100,000 ($4,000), 3% of the next $100,000 ($3,000) and 2% of the remaining $550,000 ($11,000), a total of $18,000.
  3. 3 The executor is entitled to the same amount under §10800, another $18,000, and the first petition costs $435 to file, bringing the fees shown to $36,435.
  4. 4 Context: the probate referee's appraisal fee of 0.1% ($750 here), publication and bond costs come on top, and either the attorney or the executor can waive their fee. An estate of this size typically takes 9 to 18 months.

Source: California Probate Code §10810 · Last updated: September 2026

Frequently Asked Questions

How much does probate cost?
It depends heavily on the state. In California, where both fees are set by statute, a $500,000 estate owes $13,000 to the attorney and $13,000 to the executor, plus a $435 filing fee; in states that leave fees to the court, the cost is whatever the court finds reasonable for the work done. Appraisal, publication, bond and accounting costs come on top.
How much is an executor fee in New York, New Jersey or Pennsylvania?
On a $500,000 estate with no unsold real estate or income: New York's statute (SCPA 2307) gives $19,000 (5% of the first $100,000, 4% of the next $200,000, 3% of the next $200,000); New Jersey's (N.J.S.A. 3B:18-14) $20,500 (5% of the first $200,000 and 3.5% of the next $300,000), plus 6% of any income; Pennsylvania has no statutory rate, and the customary Johnson Estate scale comes to $18,000, which since 2026 courts may not presume reasonable.
Is an executor fee taxable?
Yes. The commission is taxable income to the executor, and self-employment tax applies only to professional executors, while an inheritance itself is not taxed as income. That is why an executor who is also an heir often waives the fee in writing before doing the work. The estate can deduct the commissions it pays on its estate tax return or its income tax return, but not both.
How long does probate take?
Simple estates take 6-12 months. Estates with complications like contested wills, tax issues, or real estate in multiple states can take 1-3 years. Most states require a minimum waiting period for creditor claims, typically 4-6 months.
How can I avoid probate?
Common strategies include creating a revocable living trust, naming beneficiaries on financial accounts and insurance, using joint tenancy with right of survivorship, payable-on-death designations, and transfer-on-death deeds for real estate where available.

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