Guides

Probate costs by state

New Hampshire

New Hampshire sets probate filing fees by court rule and does not set a statutory percentage fee for executors or attorneys. We have not yet published the current fee amounts.

California

• Statutory attorney fee for ordinary services: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million; above $25 million, a reasonable amount set by the court. Source: Cal. Prob. Code § 10810, checked Oct 29, 2026.
• The personal representative’s (executor’s) statutory commission uses the same percentage schedule. Source: Cal. Prob. Code § 10800, checked Oct 29, 2026.

Texas

Texas does not set a statutory percentage fee schedule for probate attorneys. Filing fees vary by county clerk; we have not yet published them.

Florida

• Personal representative commission presumed reasonable in formal administration: 3% of the first $1 million, 2.5% above $1M to $5M, 2% above $5M to $10M, 1.5% above $10M. Source: Fla. Stat. § 733.617, checked Oct 29, 2026.
• Attorney fee presumed reasonable: $1,500 for estates of $40,000 or less, plus $750 more up to $70,000, plus $750 more up to $100,000, then 3% of the next $900,000, 2.5% from $1M–$3M, 2% from $3M–$5M, 1.5% from $5M–$10M, 1% above $10M. Fees are negotiable; there is no mandatory fee. Source: Fla. Stat. § 733.6171, checked Oct 29, 2026.

Ohio

Ohio executor commissions are set by statute (Ohio Rev. Code § 2113.35); we will publish the schedule after re-checking the current text. Filing fees are set by each county probate court.